Opinion
Crim. 19-92
09-15-2021
Honorable Susan D. Wigenton United States District Judge
ORDER REGARDING USE OF VIDEO CONFERENCING/TELECONFERENCING FOR FELONY PLEAS AND/OR SENTENCINGS
In accordance with Standing Order 2020-06, this Court finds:
[] That the Defendant (or the Juvenile) has consented to the use of video teleconferencing/teleconferencing to conduct the proceeding(s) held today, after consultation with counsel; and
[] That the proceeding(s) to be held today cannot be further delayed without serious harm to the interests of justice, for the following specific reasons:
See attached reasons.
Accordingly, the proceeding(s) held on this date may be conducted by:
[] Video Teleconf1erencing
[] Teleconferencing, because video teleconferencing is not reasonably available for the following reason:
[] The Defendant (or the Juvenile) is detained at a facility lacking video teleconferencing capability.
[] Other:
ATTACHMENT A
The Court finds that the plea hearing for Najee Brantley (“BRANTLEY”) to be held on September 15, 2021, cannot be further delayed without serious harm to the interests of justice, for the following reasons:
1. To ensure that the Court is not overwhelmed by cases and proceedings at the conclusion of this period of emergency. Currently, District Judges in New Jersey handle a substantially larger docket of cases than Judges in other Districts in the United States. New criminal cases continue to be assigned by the Court during the emergency. If the Court cannot resolve matters now by guilty plea, the resulting backlog will overwhelm the Court's ability to function effectively. The concern of such congestion and the particular harm that likely will be caused by delays in the processing of cases and matters in the future is particularly acute in this emergency, at least given that: (1) it is unknown when this emergency will subside and when the Court will be able to function at normal capacity (including, among other things, the empanelment of trial juries); and (2) this District's pre- existing shortage of District Court Judges which already has challenged the Court's ability to process and resolve cases.
2. To permit defendant BRANTLEY to obtain a speedy resolution of his case through an admission of guilt, timely sentencing to afford appropriate punishment and rehabilitation, and the defendant making amends to any victims through admission of responsibility and restitution. Defendant BRANTLEY has asked for this this case to be resolved today by a plea hearing.
3. To permit the Government to obtain a resolution of the case so that the Government, already operating in a restricted capacity due to the emergency, may appropriately focus its resources on other, emerging criminal matters. The Government and BRANTLEY have asked for this case to be resolved with a plea hearing on September 15, 2021.