Case 1:19-mc-00004 Document 2 Filed 01/11/19 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
CONTINUATION OF OPERATIONS DURING
A LAPSE IN APPROPRIATIONS 19-MC-00004-02
ADMINISTRATIVE ORDER
In the event that an appropriation or continuing resolution funding the operations of the
United States Courts is not passed by the United States Congress and signed by the President, and
after notification by the Administrative Office of the U.S. Courts that the Federal Judiciary must
operate under the Anti-Deficiency Act, 31 U.S.C §§ 1341, 1342 , the following measures shall take
effect until superseded by such appropriation or continuing resolution.
Pursuant to Volume 13, Chapter 2, § 220.30 of the Guide to Judiciary Policy, business
conducted under the Act includes:
1. Activities necessary to support the exercise of the Article III judicial power, i.e., the
resolution of cases in which there is a constitutional or statutory grant of jurisdiction;
2. Emergency activities necessary for the safety of human life and the protection of property;
and
3. Activities otherwise authorized by law, either expressly or by necessary implication,
including:
a. Items guaranteed by the Constitution;
b. Activities funded with available no-year appropriations;
c. Entitlement programs;
d. Minimal activities needed for an orderly shutdown of other official functions.
Case 1:19-mc-00004 Document 2 Filed 01/11/19 Page 2 of 3
The dispensing of justice is mandated by the United States Constitution and is essential to our
system of government. The resolution of cases and controversies is the only work and product of the
federal courts. Accordingly, all employees of the United States District Court for the District of New
Mexico, and of all associated court units including, but not limited to, the United States Bankruptcy Court,
the United States Probation and Pretrial Services Office, and the United States District Court Clerk’s
Office, are hereby deemed to be essential as part of or essential support for the exercise of judicial powers.
Notwithstanding the above, the court unit executives of the District Court and each associated
court unit will continue to assess the needs of their respective court units and have the discretion to
determine on an employee-by-employee basis that the services of individual employees are not essential
for all or any part of the period of the lapse in appropriations unless the Chief Judge for the court unit
determines otherwise.
IT IS ORDERED that all employees of the United States District Court for the District of
New Mexico and all associated court units are to report to work for their regularly scheduled
hours, and to continue all normal operations of the Court, except as set forth below:
1. All training activity shall be suspended.
2. No new personnel shall be hired without the consent of the Chief Judge.
3. The General Services Administration, the Federal Protective Service and the United
States Marshals Service are requested to maintain all functions necessary for the
continued safe use of all United States Courthouse facilities in the District of New
Mexico.
4. This Court will continue to hear and decide cases without disruption, accept new filings
and process the m in a timely manner, collect and deposit fees and costs to the Treasury,
continue regular administration of the jury system, produce reports on bail or release,
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Case 1:19-mc-00004 Document 2 Filed 01/11/19 Page 3 of 3
supervise potentially dangerous offenders, provide needed treatment services, and
handle new cases or existing cases as necessary to assist the court in implementing its
orders and judgments.
This Order shall take effect the 11th day of January 2019.
FOR THE COURT:
______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
______________________________________
ROBERT H. JACOBVITZ
CHIEF UNITED STATES BANKRUPTCY JUDGE
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District Version v6.2.1 LIVE DB https://ecf.nmd.circ10.dcn/cgi-bin/Dispatch.pl?449869757179343
Notices
1:19-mc-00004 Administrative Orders
U.S. District Court
District of New Mexico - Version 6.2.1
Notice of Electronic Filing
The following transaction was entered on 1/11/2019 at 10:13 AM MST and filed on 1/11/2019
Case Name: Administrative Orders
Case Number: 1:19-mc-00004
Filer:
Document Number: 2
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Continuation of Operations During a Lapse in Appropriations. (kmk)
1:19-mc-00004 Notice has been electronically mailed to:
1:19-mc-00004 Notice has been delivered by fax to:
1:19-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=1/11/2019] [FileNumber=9688178-0
] [281dda6c38319c2ca9827789f3cfccf34e914003f19728ca52218268c01eef9d539
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