ZOOMED IN TO JUSTICE: Remote Proceedings During a Pandemic

Specifically, the CARES Act provides that if the Judicial Conference-the national policymaking body for the federal courts-finds that emergency conditions due to the COVID-19 national emergency "will materially affect the functioning of either the Federal courts generally or a particular district court of the United States, the chief judge of a district court covered by the finding . . . may authorize the use of video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available," for certain criminal proceedings.3 These proceedings include initial appearance, preliminary hearing, waiver of indictment, arraignment, detention hearing, probation and supervised release revocation, pretrial release revocation, appearance under Rule 40 of the Federal Rules of Criminal Procedure, misdemeanor plea and sentencing, and certain proceedings under the Federal Juvenile Delinquency Act. A felony plea under Rule 11 and felony sentencing under Rule 32 may also be conducted via video teleconferencing if a federal court finds that such proceeding "cannot be conducted in person without seriously jeopardizing public health and safety" and that any further delay "would seriously harm the interests of justice. [...]here in the U.S. District Court for the Western District of Missouri, Chief Judge Beth Phillips first exercised her authority on March 30, 2020, to authorize the use of video and telephone conferencing for all proceedings outlined by the CARES Act.7 Use of Video and Telephone Conferencing Today Following the implementation of these orders, federal trial courts almost immediately began using video teleconferencing systems to conduct court hearings virtually. Reports of "videobombing"-a term coined for a situation in which an unwanted person or persons gain access to the virtual court proceeding and cause disruptions-required video teleconferencing platforms to rethink their security systems.9 Zoom Video Communications began offering a government-oriented version of its services, Zoom for Government at zoomgov. com, with servers located on U.S. soil.