Case 1:26-mc-00004 Document 13 Filed 03/27/26 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-00004-13
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-00004-06 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 measles outbreak impacting carceral facilities
within this District. Under the authority of Fed. R. Crim. P. 62, the Chief Judge finds:
1. Facility Status: Since February 20, 2026, the Luna County, Dona Ana County, and
Hidalgo County detention facilities have been in various states of partial or full
quarantine. Currently, the Luna County and Dona Ana County detention facilities are in
partial quarantine, and all facilities are still at risk of potential new positive cases. These
facilities are currently scheduled for quarantine through April 1, 2026, subject to a 21-
day restart for any new positive test.
2. Precautionary Inclusion: While the Otero County facility has not yet reported
symptoms, it is included in this Order as a “point of origin” precaution to contain the
spread, as defendants there frequently originate from the same processing facilities as
those in the impacted locations. Additionally, while detention facilities in other
counties of New Mexico have not yet reported symptoms, they are included in this
Order as a precaution to contain the spread, as defendants from currently impacted
facilities have been transferred to other facilities throughout the state since February
20, 2026.
Case 1:26-mc-00004 Document 13 Filed 03/27/26 Page 2 of 3
3. Public Health Risk: A defendant exhibited measles symptoms shortly after an in-
person appearance on February 24, 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.
2
Case 1:26-mc-00004 Document 13 Filed 03/27/26 Page 3 of 3
• Limitation on Movement: The USMS is directed to suspend all defendant transports
between northern and southern facilities to prevent further viral transmission.
This Order is effective immediately. Pursuant to Fed. R. Crim. P. 62(b)(1), this
declaration of emergency and the resulting authorizations shall terminate May 28, 2026, unless
renewed by the Chief Judge or terminated.
IT IS SO ORDERED, effective this 27th day of March, 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.
3
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 3/27/2026 at 3:06 PM MDT and filed on 3/27/2026
Case Name: Administrative Orders
Case Number: 1:26-mc-00004
Filer:
Document Number: 13
Docket Text:
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=3/27/2026] [FileNumber=14569698-
0] [8b3102f8cfca1716a51baa721f9dc389511c5e488075fd29799f2056e167b326bd
e59b33562373c37781ebea1782d36fb39d21c73b7b3565ed8ab678825f0854]]
