Case 1:22-mc-00004 Document 10 Filed 01/14/22 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
CONTINUANCE OF CIVIL AND
CRIMINAL JURY TRIALS DUE TO COVID-19 22-MC-00004-10
ADMINISTRATIVE ORDER
The Court has entered numerous Administrative Orders in response to the ongoing
Coronavirus Disease (COVID-19) outbreak in New Mexico and around the nation1. Current
active orders are:
• Superseding Administrative Order 21-MC-00004-44, entered on August 2,
2021, requiring all persons entering court facilities to wear facemasks, designating
the determination of facemask protocols in courtrooms to presiding judges, and
permitting audio and video streaming of hearings for public and media access,
subject to the discretion of the presiding judge.
• Administrative Order 21-MC-00004-58, entered on December 17, 2021,
authorizes the use of video conferencing, or teleconferencing in criminal
proceedings under the Coronavirus Aid, Relief and Economic Security Act.
• Administrative Order 21-MC-00004-59, entered on December 17, 2021,
authorizes the use of video conferencing, or teleconferencing in felony plea
proceedings before magistrate judges under the Coronavirus Aid, Relief and
Economic Security Act.
Conditions related to the Omicron variant and its impact in the District require immediate
modification of the Court’s current activities. For the reasons explained below, civil and criminal
jury trials scheduled between now and February 13, 2022, are continued.
New Mexico and the nation remain in the midst of the most serious global pandemic in
over a century. The rapid increase of cases resulting from the widespread circulation of the
highly contagious Omicron variant presents the possibility that the next several weeks may see
1
These administrative Orders and additional information can be found on the Court’s website:
https://www.nmd.uscourts.gov/COVID-19
Case 1:22-mc-00004 Document 10 Filed 01/14/22 Page 2 of 3
the highest daily count totals in New Mexico since the pandemic began. The Judicial Conference
of the United States has found that emergency conditions due to the national COVID-19 crisis
have affected and continue to materially affect the functioning of the federal courts. The Centers
for Disease Control and Prevention (CDC) continues to issue and modify guidance to combat the
spread of the disease. The Court is closely monitoring the CDC’s guidance as well as various
directives from all branches and levels of government.
WHEREAS, the Court continues to evaluate its response to the spread of Coronavirus
Disease 2019 (COVID-19) and in order to provide authoritative information to litigants and
prospective jurors;
WHEREAS, the Court recognizes that the rising number of COVID-19 cases in the State
of New Mexico and surrounding areas due to the Omicron variant has the potential to adversely
affect those who enter any of the federal courthouses within the District of New Mexico;
IT IS HEREBY ORDERED, effective immediately all civil and criminal jury trials
scheduled before any judge in any courthouse in the District of New Mexico through February
13, 2022 are CONTINUED.
IT IS FURTHER ORDERED that all trial-specific deadlines in criminal cases
scheduled to begin before February 13, 2022 are CONTINUED pending further order of the
Court. Individual judges may continue trial-specific deadlines in civil cases at their discretion.
IT IS FURTHER ORDERED that, due to the Court’s reduced ability to obtain an
adequate spectrum of jurors and the effect of the public health recommendations on the
availability of counsel and Court staff to be present in the courtroom, the time period of the
continuances implemented by this Order shall be excluded under the Speedy Trial Act. The
Court finds that the ends of justice served by ordering the continuances of all criminal jury trials
outweigh each defendant’s right to and the public’s interest in speedy indictment or trial.
Therefore, the time period of the continuances implemented by this Order will be excluded under
the Speedy Trial Act, 18 U.S.C.§ 3161(h)(7)(A), subject to the entry of an order addressing the
same by the presiding judge in each case. Individual judges presiding over criminal proceedings
may take such actions consistent with this Order as may be lawful and appropriate to ensure the
fairness of the proceedings and preserve the rights of the parties, particularly where defendants
Case 1:22-mc-00004 Document 10 Filed 01/14/22 Page 3 of 3
are detained pending trial. Any motion by a criminal defendant seeking an exception to any
provisions of this Order should be directed to the presiding District Judge. Absent further order
of the Court, the period of the exclusion shall be from January 14, 2022 through February 13,
2022.
IT IS FURTHER ORDERED that this Order does not address or limit the scheduling of
non-jury criminal and civil trials, hearings, and events in the District of New Mexico.
DONE this 14th day of January 2022.
FOR THE COURT:
______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
District NextGen v1.6.2 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?113092127953664
Notices
1:22-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 1/14/2022 at 4:38 PM MST and filed on 1/14/2022
Case Name: Administrative Orders
Case Number: 1:22-mc-00004
Filer:
Document Number: 10
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Continuance of Civil and Criminal Jury Trials due to
COVID-19 (cg)
1:22-mc-00004 Notice has been electronically mailed to:
1:22-mc-00004 Notice has been delivered by fax to:
1:22-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=1/14/2022] [FileNumber=11747705-
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