Opinion
1:22-cr-00043-NLH
01-20-2022
UNITED STATES v. SUMMER BRUNNER
ORDER REGARDING USE OF VIDEO CONFERENCING/TELECONFERENCING FOR FELONY PLEAS AND/OR SENTENCINGS
Honorable Noel L. Hillman United States District Judge.
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.
Accordingly, the proceeding(s) held on this date may be conducted by:
[√] Video Teleconferencing
[ ] 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:
The Court finds that the change of plea hearing to be held today 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, the COVID-19 Omicron variant is spreading rapidly throughout both the nation and the District of New Jersey, placing vaccinated individuals at increased risk of break-through infections and unvaccinated individuals at increased risk of infection, including hospitalization or death. Further, 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 during the emergency. If the Court cannot resolve matters by guilty plea and sentencing, the resulting backlog will overwhelm the Court's ability to function effectively. The concern over this congestion and the particular harm it likely will cause as a result of delays in processing future cases and other matters is particularly acute in this emergency, given that it is unknown when this emergency will subside and the Court will be able to function at normal capacity; and
2. To permit the defendant to obtain a speedy resolution of her case through an admission of guilt and timely sentencing to afford appropriate punishment and rehabilitation. The defendant has asked for this case to be resolved today by guilty plea and for a subsequent timely sentencing. As a result, the defendant's interest in a speedy resolution of her case will be seriously harmed if the proceeding does not occur today; and
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 has asked for this case to be resolved today by guilty plea and for a subsequent timely sentencing.