In the Northern District of California, where new criminal trials are suspended until at least May 1, at least one federal magistrate judge invited criminal defendants to ask him to reconsider his pretrial detention determinations. Monday, as six Bay Area counties were preparing to implement “shelter in place” policies to slow the spread of the coronavirus, U.S. Magistrate Judge Nathanael Cousins issued a new standing order.
“This standing order sets forth the procedure for any request to reopen a detention hearing on the basis of the physical and mental condition of the accused,” wrote Cousins, noting that the order only applied to his own cases. ”This public health crisis is serious and urgent. Counsel should not delay in evaluating whether any defendant should have his or her detention hearing reopened,” he wrote.
