Case 1:23-mc-00004 Document 10 Filed 03/09/23 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
VIDEO AND TELECONFERENCES IN FELONY No. 23‐MC‐00004‐10
GUILTY PLEA PROCEEDINGS BEFORE
MAGISTRATE JUDGES UNDER THE
CORONAVIRUS AID, RELIEF AND
ECONOMIC SECURITY ACT
ADMINISTRATIVE ORDER
This Order supersedes Administrative Order 22‐MC‐00004‐54.
Consistent with this District’s longstanding practices and procedures, and pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(A) and Fed. R. Crim. P. 59(a) and the powers conferred therein,
this Court has renewed its referral of all guilty plea proceedings in felony criminal matters in the
District of New Mexico to be conducted by a United States Magistrate Judge for the District of
New Mexico. See Administrative Order No. 20‐MC‐00004‐13, filed 3/31/2020. The Court also has
authorized the use of video conferencing, or telephone conferencing if video conferencing is not
reasonably available, for certain felony pleas under Fed. R. Crim. P. 11 under specified
circumstances in accordance with Sec. 15002(b)(2) of the “Coronavirus Aid, Relief, and Economic
Security Act,” H.R. 478 (the “Act”). See Administrative Order No. 23‐MC‐00004‐09 at 2, filed
3/09/2023.
In the event a defendant has consented to having a magistrate judge preside over his or
her guilty plea as outlined in Administrative Order No. 20‐MC‐00004‐13, the magistrate judge
becomes the “presiding judge” for that guilty plea proceeding as that term is used in the Act.
After the magistrate judge has received the defendant’s consent to preside over his or her guilty
Case 1:23-mc-00004 Document 10 Filed 03/09/23 Page 2 of 2
plea, the presiding judge (hereinafter referred to as the “presiding magistrate judge”) has
discretion to use video conferencing, or telephone conferencing if video conferencing is not
reasonably available, based on this Court’s finding that certain felony pleas under Fed. R. Crim.
P. 11 cannot be conducted in person without seriously jeopardizing public health and safety. See
Administrative Order No. 23‐MC‐00004‐09 at 2. If the presiding magistrate judge elects to use
video or telephone conferencing in a felony case, he or she must also make a finding that the
guilty plea cannot be further delayed without serious harm to the interests of justice.
In accordance with the Act, this Order will remain in effect until (a) 30 days after the date
on which the national emergency ends under the National Emergencies Act (50 U.S.C. § 1601 et
seq.) or (b) the Judicial Conference finds that emergency conditions no longer materially affect
the functioning of the Court.
WHEREAS, the effective period of Administrative Order 22‐MC‐00004‐54 expires on
March 16, 2023 and the Judicial Conference has not yet terminated its emergency declaration, the
Court has reviewed its video conference authorization and determined the need to extend the
provisions herein for an additional 90 days. If the Judicial Conference fails to terminate its
emergency declaration within 90 days from the entry of this Order, the Court will review this
authorization and determine whether to extend these provisions further.
IT IS SO ORDERED, effective March 16, 2023.
FOR THE COURT:
_____________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
District NextGen v1.7.1 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?760719301934809
Notices
1:23-mc-00004 Administrative Orders
U.S. District Court
United States District Court - District of New Mexico
Notice of Electronic Filing
The following transaction was entered on 3/9/2023 at 4:21 PM MST and filed on 3/9/2023
Case Name: Administrative Orders
Case Number: 1:23-mc-00004
Filer:
Document Number: 10
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Video and Teleconferences in Felony Guilty Plea
Proceedings Before Magistrate Judges Under the Coronavirus Aid, Relief and Economic
Security Act (cg)
1:23-mc-00004 Notice has been electronically mailed to:
1:23-mc-00004 Notice has been delivered by fax to:
1:23-mc-00004 Notice has been delivered by USPS to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1167529506 [Date=3/9/2023] [FileNumber=12428406-0
] [13230c4365236d1e71191edd6c0c282fefaa05dcafe0b2ba0a21d569e7f332a3dcb
0eeb51f86dc8694fb773a273b187a6c2019eada95f03db4629be3a786aca6]]
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