Case 1:20-mc-00004 Document 30 Filed 08/13/20 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
COMPASSIONATE RELEASE PROCEDURES
AND APPOINTMENT OF COUNSEL No. 20-MC-00004-30
ADMINISTRATIVE ORDER
This administrative order establishes procedures for handling motions for compassionate
release, including the appointment of counsel. The First Step Act, PL 115-391, 132 Stat. 5194
(2018) amended 18 U.S.C. § 3582(c)(1)(A) to allow defendants to directly request compassionate
release from a federal court after exhausting their administrative remedies. The Office of the
Federal Public Defender (FPD) reports that it has been contacted by, or otherwise discovered,
multiple defendants who may wish to file motions for compassionate release. By an
Administrative Order entered June 16, 2020, the Court clarified there were no standing orders
authorizing a blanket appointment of counsel to pursue compassionate release, but that judges have
discretion to appoint counsel in individual cases. The Court establishes the following procedures
for effectuating the discretionary appointment of counsel and handling compassionate release
requests.
Ex Parte Communication. The Court will not entertain ex parte or other informal
requests for the appointment of post-conviction counsel, nor will it consider ex parte or any other
informal communication from the Federal Public Defender (FPD) or other attorneys requesting
that the Court delay decision on a motion until it can be screened or otherwise considered for
appointment of counsel. Requests for appointment of counsel to pursue compassionate release
must be made by motion and only according to the procedure set forth below.
1
Case 1:20-mc-00004 Document 30 Filed 08/13/20 Page 2 of 4
Appointment of Counsel. Pursuant to the Criminal Justice Act (CJA), 18 U.S.C. §§
3006A(a)(1) and (c), the FPD may be appointed to represent any defendant convicted in this
District, who was previously determined to have been entitled to appointment of counsel or is now
indigent, to file a motion for compassionate release. If the FPD has a prohibitive conflict or
determines there is good cause to seek a CJA appointment, a member of the CJA panel may be
appointed to represent the defendant.
The decision to appoint counsel to pursue compassionate release is left to the discretion of
each presiding judge. If the FPD discerns a defendant may have a nonfrivolous claim for
compassionate release, the FPD shall file a limited motion requesting the appointment of counsel
in the criminal case. The motion for appointment of counsel must briefly:
1. Explain the defendant’s efforts to exhaust his or her administrative remedies
as required by § 3582(c)(1)(A) and certify that the defendant has fully exhausted as required by
Tenth Circuit law;
2. State the grounds for an appointment by describing the extraordinary and
compelling reasons supporting the requested relief (e.g., COVID-19 risk based on heart disease,
terminal cancer, age of defendant, etc.); and
3. Specify whether defendant seeks representation by the FPD or CJA counsel.
The motion may be limited to the issue of appointment of counsel and need not include an entry
of appearance on behalf of the defendant. In the case of a defendant who contacts their previously
appointed CJA attorney to represent the defendant in pursuing compassionate release, the CJA
attorney may also file a motion seeking reappointment in the criminal case.
The United States is not required to respond to the motion for appointment of counsel and,
given the nature of the relief requested, the Court may not wait for a response.
2
Case 1:20-mc-00004 Document 30 Filed 08/13/20 Page 3 of 4
Additionally, if the defendant files a pro se motion for compassionate release, and the FPD
wishes to file a counseled amendment, a motion for appointment of counsel must be filed within
seven (7) days of the defendant’s original pro se motion. A request for additional time for
screening may be considered by the Court, but only if made by formal motion. If the Court grants
the motion for appointment of counsel, counsel for the defendant should withdraw the pending pro
se motion, and file a new motion on the defendant’s behalf. In cases where counsel has been
appointed, the Court will only consider the motion filed by counsel. If the Court appoints CJA
counsel, the Clerk’s Office shall work with the CJA coordinating attorney to effectuate the
appointment from the felony panel.
Response to Motion. Unless the Court orders otherwise, the United States is directed to
respond to a motion for compassionate release within 14 days of its filing (or, if counsel is
appointed after a pro se motion is filed, within 14 days of the counseled motion being filed). If the
Court has already established deadlines pertaining to existing motions, those deadlines are not
modified by this Order.
Duties of the United States Probation Office. The Probation and Pretrial Services
(Probation) for the District of New Mexico shall disclose Presentence Investigation Reports,
Judgments in a Criminal Case, and Statements of Reasons, if requested by the FPD, CJA counsel,
privately retained counsel, or the United States.
The Court may ask Probation to prepare a report opining on a motion for compassionate
release, but such report is not automatically required in each case. The report, if requested, will
be filed as a restricted document in CM/ECF.
Case Management. All requests for compassionate release shall be filed in the original
criminal case. If the presiding judge in the original proceeding is no longer serving as a judge in
3
Case 1:20-mc-00004 Document 30 Filed 08/13/20 Page 4 of 4
this District, the case shall be reassigned on a random basis.
IT IS SO ORDERED this 13th day of August 2020.
_______________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE
4
District NextGen v1.3.5 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?953196997838666
Notices
1:20-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 8/13/2020 at 11:52 AM MDT and filed on 8/13/2020
Case Name: Administrative Orders
Case Number: 1:20-mc-00004
Filer:
Document Number: 30
Docket Text:
ADMINISTRATIVE ORDER: In the Matter of Compassionate Release Procedures and
Appointment of Counsel (cg)
1:20-mc-00004 Notice has been electronically mailed to:
1:20-mc-00004 Notice has been delivered by fax to:
1:20-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=8/13/2020] [FileNumber=10924149-
0] [5ac6f57ceddcb2c81eb81aaf9a9dab1e6fde1000d63a661275f71f24f40e050400
515becf4ae5d09718b38112f91780844ccb642f6a085fb92f5072478fc0396]]
1 of 1 8/13/2020, 11:52 AM
