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Researh Sevice
The Federal Judiciary and the Coronavirus
Aid, Relief, and Economic Security Act
(CARES Act)
April 17, 2020
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act or the Act) to address the nationwide impact of Coronavirus disease 2019 (COVID- 19).
The portions of the CARES Act directed at the federal courts seek to support the federal judiciary in two
key ways. First, the Act expands courts' ability to conduct criminal proceedings by video or audio
conference. Second, the Act provides funding for the federal judiciary to respond to the pandemic.
Video and Audio Conferencing
Federal Rule of Criminal Procedure 53 (Rule 53) constrains federal courts' ability to conduct criminal
proceedings by video or audio conference, prohibiting, with limited exceptions, the taking of
photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings
from the courtroom. However, Section 15002(b)( I) of the CARES Act provides that if the Judicial
Conference of the United States finds that emergency conditions created by COVID-19 will materially
affect the functioning of all or some federal district courts, the chief judge of any affected district court
may allow certain criminal proceedings to be conducted by video or audio conference. Before enactment
of the CARES Act, Federal Rules of Criminal Procedure 5(f), 10(c), and 43(b)(2) allowed courts to
conduct some criminal proceedings by video teleconferencing with the defendant's written consent.
The Act expands that authorization to include telephone conferencing. Additionally, while the defendant's
consent is still required, such consent need not be in writing.
On March 29, 2020, the Judicial Conference of the United States determined that the COVID-19
pandemic will materially affect the functioning of the federal courts generally[.] Under Section
15002(b)(i) of the CARES Act, that finding allows the chief judge of each federal district court to
authorize temporarily the use of video or telephone conferences for all criminal proceedings covered by
the Act, which include the following:
0 Initial appearances under Federal Rule of Criminal Procedure 5: During the initial
appearance, held as soon as practicable after arrest, the judge advises the accused of his
Congressional Research Service
https://crsreports.congress.gov
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