Case 1:20-mc-00004 Document 22 Filed 06/09/20 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF PROVIDING
LUNCHES TO SITTING GRAND AND PETIT
JURIES DURING THE COVID-19 PANDEMIC 20-MC-00004-22
ADMINISTRATIVE ORDER
THIS MATTER is before the Court sua sponte to consider furnishing lunches to sitting
grand and petit jury members from the juror fee appropriation for the period of time that
COVID-19 spread prevention measures are being promoted by the Center for Disease Control
(“CDC”) and/or the New Mexico Department of Health (“NMDOH”).
In late April, the U.S Attorney’s Office petitioned the Court to resume grand jury
sessions in both Albuquerque and Las Cruces. They argued that there was a pressing need to
have cases heard by the grand juries because of the number of defendants in custody and the
burgeoning backlog of cases in general. The Court found good cause and began facilitating
grand jury sessions on May 6, 2020. The District of New Mexico also extended its moratorium
on petit jury trials until July 6, 2020. This Order applies to grand and petit juries.
As of this writing, COVID-19 cases in the State of New Mexico remain a major health
concern and are subject to COVID-19 spread prevention measures as proscribed by the CDC and
the NMDOH. In order to do its part in “flattening the curve” and bending the new case trend
downward while upholding the rights of its litigants and ensuring the safety and security of the
jurors, the Court directs the Clerk to furnish lunches to sitting grand and petit jurors as further
described below.
The Clerk is charged with assuring an adequate and suitable environment is provided and
maintained for jurors’ comfort. An adequate and suitable environment will be applied to the
check-in procedures, orientation, and movement into the courtroom for voir dire and selection, as
Case 1:20-mc-00004 Document 22 Filed 06/09/20 Page 2 of 3
well as the appropriate facilities for jury deliberation. (See Guide to Judiciary Policy, Vol. 4,
Ch. 14, DCM Section 14.10.) In the current and ongoing COVID-19 pandemic, an “adequate
and suitable environment” includes keeping jurors safe from potential unnecessary exposure to
the COVID-19 virus. To that end, the Clerk can furnish meals from the juror fee appropriation
to jurors if such jurors have been ordered sequestered or partially sequestered. (See, e.g., U.S. v.
Gotti, 459 F. 3rd 296, 2nd Cir. 2006.) The Clerk, after consulting guidance from the CDC and the
NMDOH, is hereby authorized to determine on a case-by-case basis whether or not lunches
should be furnished and the jury kept together, at a socially safe distance, through the lunch
break. If the Clerk determines that lunches should be furnished, the jury is considered to be
partially sequestered by operation of this Order.
The Court will continue to provide single-serve drinks and coffee for jurors, along with
single-use packets of sugar, artificial sweetener and coffee creamer. Sanitary wipes and
disinfectant spray will be readily available in each juror galley so that refrigerator and cupboard
handles can be wiped down after each use. Food snacks, however, will not be made available
because the Court does not have the on-site staff to hand the snacks out to jurors as proscribed by
Judicial Conference policy.
IT IS THEREFORE ORDERED that sitting grand and petit jurors are considered
partially sequestered, subject to the Clerk’s case-by-case determination, for the period of time
that COVID-19 spread prevention measures are being promoted by the Center of Disease
Control (“CDC”) and/or the New Mexico Department of Health (“NMDOH”). The Clerk will
make such determination only after consulting guidance from the CDC and/or the NMDOH. If
the Clerk determines health risks dictate that lunches should be furnished, and jurors are required
to serve through the lunch break, the jurors are to be kept together, at a socially safe distance,
and not separate in order to ensure the safety and security of themselves and others. In these
instances, the lunches will be paid for through the juror fee appropriation.
Case 1:20-mc-00004 Document 22 Filed 06/09/20 Page 3 of 3
IT IS FURTHER ORDERED that this order is effective nunc pro tunc as of May 6,
2020.
DONE this 9th day of June 2020.
FOR THE COURT:
_______________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
District NextGen v1.3.5 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?127632537310143
Notices
1:20-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 6/9/2020 at 4:46 PM MDT and filed on 6/9/2020
Case Name: Administrative Orders
Case Number: 1:20-mc-00004
Filer:
Document Number: 22
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Providing Lunches to Sitting Grand and Petit Juries
during the Covid-19 Pandemic (cg)
1:20-mc-00004 Notice has been electronically mailed to:
1:20-mc-00004 Notice has been delivered by fax to:
1:20-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=6/9/2020] [FileNumber=10838763-0
] [8ac2fb16f61858f9b6daf1daa32b4b66c87e541967822b81c7547f53ca4d0b52aa0
a9a4f18d727d00dba5370c133d613781d6c925f7172e063df219b44d052be]]
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