Notice Regarding End of Covid Pandemic

=== Notice Regarding End of Covid Pandemic === United States District Court Northern District of Ohio 125 Market Street Youngstown, Ohio 44508-1787 Carmen E. Henderson United States Magistrate Judge Telephone: (330) 884-7460 Facsimile: (234) 232-3192 NOTICE To: Date: RE: OHND Criminal Attorneys: Assistant United States Attorneys; Assistant Federal Public Defenders; CJA Attorneys April 17, 2023 Termination of Cares Act Authorities in Certain Criminal Proceedings On April 10, 2023, following House and Senate passage, the President signed into law a Joint Resolution (H.J. Res. 7), which provides that “the national emergency declared by the finding of the President on March 13, 2020, in Proclamation 9994 . . . is hereby terminated.” As a result, the authority to use video and teleconferencing technologies in certain criminal proceedings under § 15002(b) of the CARES Act will expire on Wednesday, May 10, 2023. Thereafter, courts will return to pre-pandemic practices and may use video or teleconferencing technologies only pursuant to the provisions of the Federal Rules of Criminal Procedure or any relevant statutes that applied before the CARES Act. Accordingly, beginning May 8, 2023, all criminal matters scheduled before Magistrate Judge Henderson will be scheduled for in person appearance in Courtroom 229.

Prior to the pandemic, the Federal Rules of Criminal Procedure allowed for arraignments (Fed. R. Crim. P. 10(c and initial appearances (Fed. R. Crim. P. 5(g to be conducted via video conferencing with the consent of the defendant. If a defendant wishes for their initial appearance or arraignment to be via video conference, they must contact the court in advance by emailing the courtroom deputy at [email protected] and the government requesting that the hearing be conducted by video and stating whether or not the request is opposed. If the request is not confirmed – i.e. if you do not hear back from Judge Henderson – assume that the request is denied and that the hearing will be in person. _____________________________ Carmen E. Henderson United States Magistrate Judge (If release is ordered)3.Do you understand the conditions of release?4.Do you understand that, if you violate any of the conditions of release, youmay be brought back into detention and you will incur a fine or penalty inaddition to those I have referred to earlier for the offense charged?(If detained and detention hearing waived)5.You have a right to a hearing to determine if you should be detained until thetrial in this matter.6.It is my understanding that you have signed a waiver of your right to a detentionhearing.7.Is this you signature on the waiver?8.Do you understand that by waving your right to a detention hearing that you willbe held in custody until trial?9.The waiver of detention hearing is accepted.10.The defendant is remanded to the custody of the U.S. Marshal pending furtherproceedings in this case.(If detention hearing not waived)11.You have the right to a hearing to determine if you should be detained until thetrial in this matter.12.I understand that you want such a hearing. The detention hearing will take placebefore (me) (Judge) (Magistrate Judge) on , 200 , at .m.Advise defendant of opportunity to waive prior to hearing.D.Defendant remanded to the custody of the USMS or released on bond with conditions.-4-T:\Scripts\Burke Scripts\initial appearance outline.wpdConsular Notification