Case 1:20-mc-00004 Document 9 Filed 03/13/20 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
COURT OPERATIONS IN LIGHT OF
THE CORONAVIRUS OUTBREAK 20-MC-00004-9
ADMINISTRATIVE ORDER
This Order is being issued in response to the recent outbreak of Coronavirus Disease
2019 (COVID-19) and the well-documented concerns surrounding it. The United States Centers
for Disease Control and Prevention reports that the spread of COVID-19 is a pandemic. Earlier
today the President of the United States declared a national emergency and, earlier this week,
the Governor of the State of New Mexico declared a state of public health emergency, similar
to declarations issued by other governors. Numerous courts across the country, including the
United States Supreme Court, have taken proactive measures to combat the spread of COVID-
19. Professional and collegiate sporting tournaments and events have been cancelled or
postponed, and entertainment venues throughout the United States have been closed to prevent
the spread of COVID-19. Accordingly, in order to protect public health with the goal of reducing
the size of public gatherings while balancing the fair administration of justice, the Court
ORDERS the following safety measures effective Monday, March 16, 2020:
1. All civil and criminal jury trials scheduled to commence on or before April 10, 2020
in the District of New Mexico, are CONTINUED pending further Order of the
Court. The Court may issue other orders concerning future continuances as necessary
and appropriate.
2. All trial-specific deadlines in criminal cases scheduled to begin before April 10,
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2020, are CONTINUED pending further order of the Court. Individual judges may
continue trial-specific deadlines in civil cases at their discretion.
3. All grand jury proceedings in the District of New Mexico are CONTINUED
pending further order of the Court. Due to the unavailability of a grand jury in this
District during the pendency of this Order, the 30-day time period for filing an
indictment is tolled as to each defendant until this Order terminates. See 18 U.S.C. §
3161(b).
4. 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.
5. 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 grand jury proceedings and
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 are detained pending trial. Any motion by a criminal defendant
Case 1:20-mc-00004 Document 9 Filed 03/13/20 Page 3 of 3
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 March 16, 2020, through April 10, 2020.
6. 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.
7. The Clerk’s Office, United States Probation, United States Pretrial Services, and all
other Court services shall remain open pending further order of the Court.
SO ORDERED this 13th day of March, 2020.
FOR THE COURT:
______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
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U.S. District Court
District of New Mexico - Version 6.2.4
Notice of Electronic Filing
The following transaction was entered on 3/13/2020 at 6:21 PM MDT and filed on 3/13/2020
Case Name: Administrative Orders
Case Number: 1:20-mc-00004
Filer: Administrative Orders
Document Number: 9
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Court Operations in Light of the Coronavirus Outbreak (mre)
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