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Home » Nebraska Federal Court Allowing Video, Phone Appearances

Nebraska Federal Court Allowing Video, Phone Appearances

Published by Scott Stewart on Wed, 04/01/2020 - 12:00am

A flag is flown at half-staff outside the Roman L. Hruska Federal Courthouse, 111 S. 18th Plaza, in honor of U.S. Supreme Court Justice John Paul Stevens on Tuesday, July 23, 2019. (Photo by Scott Stewart)
By 
Scott Stewart
The Daily Record

A general order from the U.S. District Court of the District of Nebraska expanding the use of videoconferencing and teleconferencing during the pandemic.

Chief Judge John M. Gerrard is allowing judges to use those technologies to the fullest extent allowed by the recently enacted Coronavirus Aid, Relief and Economic Security Act.

Those situations include detention hearings, initial appearances, preliminary hearings, waivers of indictment, arraignments, probation and supervised release revocation proceedings, pretrial release revocation proceedings, appearances, misdemeanor pleas and sentencing, and proceedings under the Federal Juvenile Delinquency Act – with the exception of contested transfer hearings and juvenile delinquency adjudication and trial proceedings.

Gerrard wrote in the order last Monday that the court has found the risk of COVID-19 transmission means that felony pleas and felony sentencing cannot be conducted “without seriously jeopardizing public health and safety,” and that district judges may authorize pleas to be taken and impose sentences remotely, if the defendant consents and it cannot be delayed “without serious harm to the interests of justice.”

General Order No. 2020-07 is in effect in Nebraska until no later than June 28 or until it is vacated, extended or amendment.

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