Case 1:23-mc-00004 Document 9 Filed 03/09/23 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
THE CORONAVIRUS AID, RELIEF AND
ECONOMIC SECURITY ACT No. 23-MC-00004-09
ADMINISTRATIVE ORDER
This Order supersedes Administrative Order 22-MC-00004-53.
This matter comes before the Court, on its own Motion, regarding the procedures for
conducting video and telephone conferences in criminal proceedings under the “Coronavirus Aid,
Relief, and Economic Security Act,” H.R. 748 (the “Act”). The Act authorizes Federal Courts to
use video or telephone conferencing for certain criminal matters, provided: (a) each defendant
consents to the use of such equipment, after consulting with counsel; and (b) the Judicial
Conference finds emergency conditions caused by COVID 19 will materially affect the functioning
of the Courts. The Judicial Conference made an emergency declaration covering the District of
New Mexico on March 29, 2020.
In accordance with Sec. 15002(b)(1) of the Act, the Court hereby authorizes the use of
video conferencing, or telephone conferencing if video conferencing is not reasonably available,
for the following matters:
(D) Waivers of indictment under Fed. R. Crim. P. 7(b)1;
(E) Arraignments under Fed. R. Crim. P. 10;
(F) Probation and supervised release revocations under Fed. R. Crim. P. 32.1;
1
To avoid confusion, this Order adopts the enumeration for various hearings as used in the Act.
Case 1:23-mc-00004 Document 9 Filed 03/09/23 Page 2 of 3
(G) Pretrial release revocations under 18 U.S.C. § 3148;
(H) Appearances under Fed. R. Crim. P. 40; and
(J) Federal Juvenile Delinquency Act proceedings under 18 U.S.C. § 403, except for
contested transfer hearings and juvenile delinquency or trial proceedings.
In accordance with Sec. 15002(b)(1) of the Act, the Court further authorizes the use of
telephone conferencing if video conferencing is not reasonably available, for the following
matters:
(B) Initial appearances under Fed. R. Crim. P. 5. This grant of authority does not eliminate
or modify the authority to conduct initial appearances by video teleconferencing solely
pursuant to Fed. R. Crim. P. 5(g).
The Court does not adopt the provisions of the Act for the following matters:
(A) Detention hearings under 18 U.S.C. § 3142;
(C) Preliminary hearings under Fed. R. Crim. P. 5.1; and
(I) Misdemeanor pleas and sentencings as described in Fed. R. Crim. P. 43(b)(2).
These matters enumerated above as A, C, and I shall continue to proceed in accordance with the
Federal Rules of Criminal Procedure and are not subject to the Act.
In accordance with Sec. 15002(b)(2) of the Act, the Court also finds that, depending on the
location and circumstances surrounding the proceeding, certain felony pleas under Fed. R. Crim.
P. 11 and felony sentencings under Fed. R. Crim. P. 32 cannot be conducted in person without
seriously jeopardizing public health and safety. In the event a felony plea or sentencing presents a
serious risk to health and safety, the presiding judge has discretion to use video conferencing, or
telephone conferencing if video conferencing is not reasonably available. If the presiding judge
elects to use video or telephone conferencing in a felony case, he or she must also make a finding
that the plea or sentencing cannot be further delayed without serious harm to the interests of justice.
Case 1:23-mc-00004 Document 9 Filed 03/09/23 Page 3 of 3
This Order applies to both juvenile and adult criminal cases. It will remain in effect until
(a) 30 days after the date on which the national emergency ends under the National Emergencies
Act (50 U.S.C. § 1601 et seq.) or (b) the Judicial Conference finds that emergency conditions no
longer materially affect the functioning of the Court.
WHEREAS, the effective period of Administrative Order 22-MC-00004-53 expires on
March 16, 2023 and the Judicial Conference has not yet terminated its emergency declaration, the
Court has reviewed its video conference authorization and determined the need to extend the
provisions herein for an additional 90 days. If the Judicial Conference fails to terminate its
emergency declaration within 90 days from the entry of this Order, the Court will review this
authorization and determine whether to extend these provisions further.
IT IS SO ORDERED, effective March 16, 2023.
_________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
District NextGen v1.7.1 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?224404789583516
Notices
1:23-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 3/9/2023 at 4:08 PM MST and filed on 3/9/2023
Case Name: Administrative Orders
Case Number: 1:23-mc-00004
Filer:
Document Number: 9
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Video and Teleconferences in Criminal Proceedings
Under the Coronavirus Aid, Relief and Economic Security Act (cg)
1:23-mc-00004 Notice has been electronically mailed to:
1:23-mc-00004 Notice has been delivered by fax to:
1:23-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=3/9/2023] [FileNumber=12428308-0
] [2eb2c55968b7e94cb3a80503d89a4b025f5966dbfcd5a9bdd49ee25707ab04f2108
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