Case 1:25-mc-00004 Document 37 Filed 12/30/25 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
REGARDING TEMPORARY JUVENILE
DETENTION IN ADULT FACILITIES 25-MC-00004-37
SUPERSEDING ADMINISTRATIVE ORDER
WHEREAS the Court continues to establish a uniform procedure for the temporary secure
detention of juveniles at the Otero County Detention Center, pursuant to Title 18, United States Code,
Section 5035, when suitable juvenile detention alternatives are unavailable, this Administrative Order is
entered for the court; it supersedes Administrative Order 25-MC-00004-29, In the Matter of Regarding
Temporary Juvenile Detention in Adult Facilities.
It appearing to the Court that circumstances often necessitate the secure holding of juveniles
charged with federal offenses and that the availability of certified juvenile facilities within the District of
New Mexico (DNM) is limited, the Court finds it necessary to establish the criteria and conditions for
utilizing the Otero County Detention Center on a temporary basis.
IT IS HEREBY ORDERED that, upon a finding by the presiding Judicial Officer that the secure
detention of a juvenile is necessary and that no suitable or acceptable certified juvenile facility is
immediately available or willing to accept the juvenile in a timely manner, a juvenile may be held
temporarily at the Otero County Detention Center.
IT IS FURTHER ORDERED that any such temporary detention must strictly comply with the
requirements of Title 18, United States Code, Section 5035, including:
1. The juvenile shall not have regular contact with adult persons convicted of a crime or awaiting
trial on criminal charges.
2. Insofar as possible, the juvenile shall be kept separate from adjudicated delinquents.
IT IS FURTHER ORDERED that the United States Marshals Service (USMS) alert the Judicial
Case 1:25-mc-00004 Document 37 Filed 12/30/25 Page 2 of 2
Officer and the juvenile’s counsel of their intention to hold a juvenile at the Otero County Detention
Center pursuant to this order prior to doing so. Moreover, the USMS should advise the Judicial Officer
and the juvenile’s counsel about the location of the facility and the anticipated length of the temporary
hold.
IT IS FURTHER ORDERED that the USMS, or other agency responsible for custody, shall
ensure that the Otero County Detention Center and all necessary personnel take all steps required to
rigorously enforce the separation and supervision requirements of 18 U.S.C. § 5035 at all times during the
juvenile’s detention. Furthermore, the detaining Judicial Officer has the authority to impose additional
requirements on the Otero County Detention Center as necessary to vindicate the constitutional rights of
the juvenile.
IT IS SO ORDERED.
DONE this 30th day of December, 2025.
FOR THE COURT:1
/s/
KENNETH J. GONZALES2
CHIEF UNITED STATES DISTRICT JUDGE
1 For the court, pursuant to Administrative Order Misc. No. 83-252.
2 Please note that this document has been electronically filed. To verify its authenticity, please refer to the Digital
File Stamp on the NEF (Notice of Electronic Filing) accompanying this document. Electronically filed documents
can be found on the court’s PACER public access system.
Notices
1:25-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 12/30/2025 at 10:49 AM MST and filed on 12/30/2025
Case Name: Administrative Orders
Case Number: 1:25-mc-00004
Filer:
Document Number: 37
Docket Text:
SUPERSEDING ADMINISTRATIVE ORDER: In the Matter of Regarding Temporary Juvenile
Detention in Adult Facilities (cg)
1:25-mc-00004 Notice has been electronically mailed to:
1:25-mc-00004 Notice has been delivered by fax to:
1:25-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=12/30/2025] [FileNumber=14331615
-0] [69db1bdbd6c242582957cff411d59383ea5d4602e9dd0d8c153f39bb881522f1c
f9f2702bd8c99092e5aaacb5b99e105eae9b76c63fa0f7ae216f2706bb6193e]]
