Case 1:26-mc-00004 Document 17 Filed 05/29/26 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
VIDEO AND TELECONFERENCES IN CRIMINAL
PROCEEDINGS UNDER FED. R. CRIM. P. 62 DUE
TO MEASLES PUBLIC HEALTH EMERGENCY 26-MC-00004-17
FOURTH AMENDED ADMINISTRATIVE
ORDER
This matter comes before the Court, on its own Motion, regarding the procedures for
conducting video and telephone conferences in criminal proceedings under Federal Rule of
Criminal Procedure 62, and amends 26-MC-00004-15 In the Matter of: Video and
Teleconferences in Criminal Proceedings Under Fed. R. Crim. P. 62 Due to Measles Public
Health Emergency.
The Court has been informed by the New Mexico Department of Health (NMDOH) and
the United States Marshals Service (USMS) of a new measles exposure impacting carceral
facilities within this District. Under the authority of Fed. R. Crim. P. 62, the Chief Judge finds:
1. Facility Status: On May 27, 2026, the Luna County Detention Center notified the
USMS that a prisoner they received after he appeared before the Court, is showing signs
and symptoms of having measles. The defendant was transported with and in shared
space with prisoners from Dona Ana County, Otero County, and Hidalgo County
detention facilities. As a result of these exposures, all four facilities have been placed on
partial quarantine. These facilities are currently scheduled to be on partial quarantine
through June 17, 2026, subject to a 21-day restart for any new positive cases.
2. Precautionary Inclusion: While detention facilities in other counties of New
Mexico did not have any prisoners with direct exposure to the prisoner displaying
symptoms, they are included in this Order as a precaution to contain the spread, as
defendants are often transferred between facilities throughout the state.
Case 1:26-mc-00004 Document 17 Filed 05/29/26 Page 2 of 3
3. Public Health Risk: A defendant was confirmed to be exhibiting measles symptoms
shortly after an in-person appearance on May 27, 2026. Given the highly contagious
nature of the virus and its ability to remain airborne for up to two hours, in-person
proceedings currently “substantially impair the court’s ability to perform its functions” in
compliance with the Rules of Criminal Procedure. Fed. R. Crim. P. 62(a)(1).
4. Interests of Justice: These emergency conditions prevent the Court from conducting
certain hearings in-person safely, to include felony pleas and sentencings. Such hearings
cannot be further delayed without serious harm to the interests of justice, as delays may result in
defendants serving terms of incarceration exceeding their likely sentences.
In accordance with Fed. R. Crim. P. 62(e), the Court hereby ORDERS:
• Felony Pleas and Sentencings: The Court authorizes the use of video conferencing—or
telephone conferencing if video is not reasonably available—for felony pleas under Rule
11 and felony sentencings under Rule 32. Fed. R. Crim. P. 62(e)(3).
o Requirement: The presiding judge must find that the proceeding cannot be
further delayed without serious harm to the interests of justice.
o Consent: The defendant must consult with counsel and provide written or on-
the-record consent to proceed remotely.
• Videoconferencing for Proceedings Under Rules 5, 10, 40, and 43(b)(2): Pursuant to
Fed. R. Crim. P. 62(e)(1), this order does not modify a court’s authority to use
videoconferencing for a proceeding under Rules 5, 10, 40, or 43(b)(2), except that if this
emergency condition substantially impairs a defendant’s opportunity to consult with
counsel, the Court must ensure that the defendant will have an adequate opportunity to do
so confidentially before and during those proceedings.
• Videoconferencing for Certain other Proceedings at Which the Defendant has the
Right to be Present: The Chief Judge finds that emergency conditions substantially
impair a court's ability to hold in-person proceedings in the district within a reasonable
time. Fed. R. Crim. P. 62(e)(2). Pursuant to Rule 62(e)(2), a court may use
videoconferencing for proceedings at which a defendant has the right to be present so
long as: (1) the court finds the defendant will have an adequate opportunity to consult
confidentially with counsel before and during the proceeding and (2) the defendant
consents after consulting with counsel. This subsection does not address proceedings
under Rules 5, 10, 40, and 43(b)(2), and felony pleas and sentencings, all of which are
addressed elsewhere in this Order. This subsection does not permit videoconferencing for
felony trials.
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Case 1:26-mc-00004 Document 17 Filed 05/29/26 Page 3 of 3
This Order is effective immediately. Pursuant to Fed. R. Crim. P. 62(b)(1), this
declaration of emergency and the resulting authorizations shall terminate June 18, 2026, unless
renewed by the Chief Judge or terminated.
IT IS SO ORDERED, effective this 29th day of May, 2026.
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.
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Notices
1:26-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 5/29/2026 at 1:33 PM MDT and filed on 5/29/2026
Case Name: Administrative Orders
Case Number: 1:26-mc-00004
Filer:
Document Number: 17
Docket Text:
FOURTH AMENDED ADMINISTRATIVE ORDER: In the Matter of Video and Teleconferences in
Criminal Proceedings Under Fed. R. Crim. P. 62 Due to Measles Public Health Emergency (cg)
1:26-mc-00004 Notice has been electronically mailed to:
1:26-mc-00004 Notice has been delivered by fax to:
1:26-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=5/29/2026] [FileNumber=14764692-
0] [3d550b1b8034149b11862888080abd01081b9562786843aedb830e7d6635db173e
8238f55ad8aa5d89a266de416f661495bce09062a93fbc43913eada4fbadb3]]
