Case 1:26-mc-00004 Document 6 Filed 02/27/26 Page 1 of 2
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-00004-06
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.
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(b), the Chief Judge finds:
1. Facility Status: The Luna County and Hidalgo County detention facilities are currently
under full quarantine. The Dona Ana County facility is under partial quarantine with a
high likelihood of transitioning to full quarantine. These facilities are currently scheduled
for quarantine through March 18, 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.
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 in-
person felony pleas and sentencings safely. Such hearings cannot be further delayed
Case 1:26-mc-00004 Document 6 Filed 02/27/26 Page 2 of 2
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.
• Other Criminal Proceedings: Pursuant to Fed. R. Crim. P. 62(e), video conferencing is
authorized for all proceedings listed in Rules 5, 10, and 40, provided the defendant
consents.
• Misdemeanor Proceedings: Pursuant to Fed. R. Crim. P. 43(b)(2), the Court authorizes
remote video or telephonic appearances for all misdemeanor initial appearances, pleas,
and sentencings, provided the defendant consents or provides a written waiver.
• 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 90 days from the date
of this Order unless renewed by the Chief Judge or terminated.
IT IS SO ORDERED, effective this 27th day of February, 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.
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 2/27/2026 at 5:16 PM MST and filed on 2/27/2026
Case Name: Administrative Orders
Case Number: 1:26-mc-00004
Filer:
Document Number: 6
Docket Text:
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=2/27/2026] [FileNumber=14488590-
0] [bb2b08b4e1e9548948d7604ef7a4e01eca94b633d5fbf5f41c277d1392461cff06
b31cd522654bc3792befc707805a19215871008ad2df220a7e6750f7ad503b]]
