Case 1:23-mc-00004 Document 18 Filed 09/29/23 Page 1 of 3
IN THE UNITED STATES DISTRICT & BANKRUPTCY COURTS
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
PLAN FOR CONTINUATION OF OPERATIONS
DURING A LAPSE IN APPROPRIATIONS 23-MC-00004-18
ADMINISTRATIVE ORDER
Pursuant to Volume 13, Chapter 2, § 220.50 of the Guide to Judiciary Policy, this
court adopts the following plan for operating during a lapse in appropriations for the
Judiciary.
Declaration of Policy. In the event that an appropriation or a 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following measures shall take effect until superseded by such appropriation or continuing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. Business conducted under the Act includes:
1. Activities necessary to the exercise of the judiciary’s constitutional functions (i.e., resolution
of cases in which there is a constitutional or statutory grant of jurisdiction);
2. Activities addressing emergency circumstances, such that the suspense of the function would
threaten the safety of human life or the protection of property; and
3. Activities otherwise authorized by law, either expressly or by necessary implication,
including:
Case 1:23-mc-00004 Document 18 Filed 09/29/23 Page 2 of 3
a. Constitutional guarantees (e.g., the right to counsel under the Sixth Amendment);
b. operating entitlement programs (e.g., Judicial Survivors Annuities System); and
c. executing activities needed for an orderly shutdown of other official functions.
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, the United States District Court Clerk’s Office,
and the United States Bankruptcy Court Clerk’s Office are hereby deemed to be excepted 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 of the appropriate
court unit.
3. The General Services Administration, the Federal Protective Service and the United States
Case 1:23-mc-00004 Document 18 Filed 09/29/23 Page 3 of 3
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 them 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, supervise
persons on federal supervision, 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 supersedes 19-mc-00004 – CONTINUATION OF OPERATIONS DURING A LAPSE IN
APPROPRIATIONS and shall take effect the 29th day of September 2023.
FOR THE COURT:
______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
______________________________________
ROBERT H. JACOBVITZ
CHIEF UNITED STATES BANKRUPTCY JUDGE
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 9/29/2023 at 4:20 PM MDT and filed on 9/29/2023
Case Name: Administrative Orders
Case Number: 1:23-mc-00004
Filer:
Document Number: 18
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Plan for Continuation of Operations During a Lapse
in Appropriations (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:
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