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In accordance with Rule 23-106.2 NMRA, the Supreme Court has adopted a new local rule out-of-cycle. What follows is a summary of the new rule that the Court adopted on July 9, 2025. The new rule will take effect on January 1, 2026. The full text of the new rule in markup format and the related order are available on the Court’s website here. The new rule will also be available on NMOneSource.com by its effective date.
Case Management Program in the First Judicial District Court – New Rule LR1-307 NMRA
On recommendation of the First Judicial District Court, the Supreme Court has adopted a new local rule that sets forth a case management pilot program for criminal cases in the First Judicial District. The case management pilot program is intended to establish clear and uniform deadlines for the disposition of criminal cases within the district.
THE NEW RULE SUMMARIZED ABOVE CAN BE VIEWED IN ITS ENTIRETY AT THE NEW MEXICO SUPREME COURT WEBSITE
https://supremecourt.nmcourts.gov/rules-forms-files/approved-amendments-to-rules-and-forms/2025-approved-amendments-to-rules-and-forms/
In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved out-of-cycle rule amendments. What follows is a summary of amendments that the Court approved on May 20, 2025. The amendments are effective June 1, 2025. The full text of the amendments in markup format and the related order are available on the Court’s website here. The approved rule amendments will also be available on NMOneSource.com by their effective date.
Former Federal Employee Limited Licensure – New Rule 15-310 NMRA; Amended Rule 15-303 NMRA
On recommendation of the Board of Bar Examiners, the Supreme Court has adopted a new rule that allows a current or former federal employee-attorney to apply for a limited license to practice law in New Mexico. The Court also approved amendments to Rule 15-303 NMRA that permit an attorney holding a limited license under Rule 15-310 to qualify for a reciprocal license, amongst other qualifications.
THE RULE AMENDMENTS SUMMARIZED ABOVE CAN BE VIEWED IN THEIR ENTIRETY AT THE NEW MEXICO SUPREME COURT WEBSITE
Effective Wednesday, July 9, 2025, a mass reassignment of all active cases previously assigned to Judge Jason Lidyard and Division VIII will occur pursuant to NMSC Rule 23-109, the Chief Judge Rule. The Honorable Anastasia R. Martin has been appointed to Division VIII of the First Judicial District and will maintain a General Jurisdiction docket. Parties who have not previously exercised their right to challenge or excuse will have ten (10) days from July 23, 2025 to challenge or excuse Judge Anastasia R. Martin pursuant to Rule 5-106 and Rule 1-088.1.
The First Judicial District Court Judicial Nominating Commission convened at 1 p.m. (MT) on Tuesday, May 13, 2025, at the First Judicial District Court located at 225 Montezuma Ave, Santa Fe, N.M., and completed its evaluation of the three applicants to fill vacancy on the First Judicial District Court due to the retirement of the Honorable Mary Marlowe Sommer effective May 31, 2025.
The Nominating Commission recommends the following applicant to Governor Michelle Lujan Grisham: Elizabeth K. Allen Anastasia Martin
A vacancy on the New Mexico Court of Appeals will exist as of June 8, 2025, due to the resignation of the Honorable Kristina Bogardus effective June 7, 2025. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. If appointed, applicants seeking information regarding election or retention should contact the Bureau of Elections in the Office of the Secretary of State.
Camille Carey, Chair of the New Mexico Court of Appeals Judicial Nominating Commission, invites applications for this position from lawyers who meet the qualifications in Article VI, Section 35 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website: https://lawschool.unm.edu/judsel/application.html, or emailed to you by contacting the Judicial Selection Office at akin@law.unm.edu. The deadline for applications has been set for Thursday, May 29, 2025, at 5 p.m. (MT). Applications received after that time will not be considered.
The New Mexico Court of Appeals Judicial Nominating Commission will meet on Tuesday, June 17, 2025, at a time to be determined, to interview applicants for the position at the New Mexico State Bar located at 5121 Masthead St. NE, Albuquerque, N.M. 87109.
The Committee meeting is open to the public, and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
Please join us for the Investiture of Honorable Sarah M. Davenport at 3:30 p.m. (MT) on May 30 in the Sierra Blanca Courtroom at the United States Courthouse in Las Cruces, NM (100 N. Church Street, Third Floor).
A reception hosted by the Federal Bench and Bar of the United States District Court for the District of New Mexico will follow from 5:30 to 7:30 p.m. (MT) at Red Hawk Golf Club (7502 Red Hawk Golf Rd., Las Cruces, NM 88012).
All members of the Federal Bench and Bar are cordially invited to attend; however, reservations are requested. RSVP, if attending, at https://rsvp.nmcourt.uscourts.gov/Davenport/.
Chief Judge Kenneth J. Gonzales and the Article III District Judges for the District of New Mexico would like to solicit interest from Federal Bar members for service on the Magistrate Judge Merit Selection Panel (“the Panel”). In the District of New Mexico, there are five full time magistrate judges in Albuquerque, five full time magistrate judges in Las Cruces and two part time magistrate judges, with one in Farmington and the other in Roswell. Whenever there is a magistrate judge vacancy, the Panel is responsible for (i) reviewing the application packets submitted by all applicants, (ii) determining the list of qualified applicants to be interviewed by the Panel, and (iii) from those applicants interviewed by the Panel determining by majority vote of the Panel members the five most qualified applicants and then forwarding the names of those five most qualified applicants to the District Judges who will then interview the finalists and make a selection.
The Panel also has the responsibility of issuing a report and recommendation to the District Judges whenever a U.S. Magistrate Judge seeks another term. By statute, U.S. Magistrate Judges serve eight-year terms and may seek reappointment for additional eight-year terms. As part of the Magistrate Judge reappointment process, the Panel must seek input from attorneys, litigants and other members of the public concerning magistrate judges seeking reappointment and then issue a report and recommendation on whether said judges should be reappointed.
Any member of the Federal Bar in good standing and interested in being selected by the District Judges to serve on the Magistrate Judge Merit Selection Panel should submit a Letter of Interest no later than Wednesday, May 14, 2025, to the Clerk of Court, U. S. District Court, 333 Lomas Blvd. NW, Suite 270, Albuquerque, NM 87102; or by email to clerkofcourt@nmd.uscourts.gov to be considered for appointment to the Panel.
A vacancy on the First Judicial District Court will exist as of June 1, due to the retirement of the Hon. Mary Marlowe Sommer effective, May 31. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State.
Camille Carey, Chair of the First Judicial District Court Judicial Nominating Commission, invites applications for this position from lawyers who meet the qualifications in Article VI, Section 14 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website:https://lawschool.unm.edu/judsel/application.html, or emailed to you by contacting the Judicial Selection Office at akin@law.unm.edu. The deadline for applications has been set for April 18 at 5 p.m. (MT). Applications received after that time will not be considered.
The First Judicial District Court Nominating Commission will meet on May 13 at a time to be determined, to interview applicants for the position at the First Judicial District Court located at 225 Montezuma Ave, Santa Fe, N.M.
Pursuant to Rule 5-106, NMRA, the Second Judicial District Clerk of Court hereby serves notice that effective March 15, Division II cases will be assigned to the Honorable Matthew Chavez. Individual notices of judge reassignment will be sent to attorneys in active cases. A list of inactive case reassignments will be emailed to the Law Offices of the Public Defender, the District Attorney’s Office, the Attorney General’s Office, and the private defense bar, in lieu of individual notices of reassignment. An email notification regarding the reassignment of probation violation cases will be sent to the Law Offices of the Public Defender, the District Attorney’s Office, the Attorney General’s Office, and the private defense bar.
In accordance with the Supreme Court’s annual rulemaking process under Rule 23-106.1 NMRA, which includes an annual publication of proposed rule amendments for public comment every spring, the following Supreme Court Committees are recommending proposed amendments to the rules of practice and procedure as summarized below. To view the text of a proposal, you may click on its corresponding proposal number on the Supreme Court’s website at https://supremecourt.nmcourts.gov/rules-forms-files/rules-forms/open-for-comment/. To comment on the proposed amendments before they are submitted to the Court for final consideration, you may submit your comment electronically through the Supreme Court’s website at https://supremecourt.nmcourts.gov/rules-forms-files/rules-forms/open-for-comment/, by email to rules.supremecourt@nmcourts.gov, by fax to 505-827-4837, or by mail to:
Elizabeth A. Garcia, Chief Clerk of Court New Mexico Supreme Court P.O. Box 848 Santa Fe, New Mexico 87504-0848
Your comments must be received by the Clerk’s Office on or before April 5, 2025, to be considered by the Court. Please note that submitted comments may be posted on the Supreme Court’s website for public viewing.
Proposal 2025-001 - CASA Duties [New Rules 10-164.1 and 10-164.2 NMRA and Forms 10-528, 10-529, 10-746, and 10-747 NMRA; Withdrawn Rule 10-164 NMRA]
The Children’s Court Rules Committee recommends withdrawing Rule 10-164 NMRA and adopting new rules and forms that govern the appointment of a court-appointed special advocate (CASA) and set forth the powers and duties of a CASA in child welfare and juvenile justice cases.
Proposal 2025-002 - Improving Outcomes for Crossover Youth [New Rule 10-172 NMRA and Forms 10-615 and 10-616 NMRA; Rule 10-101 NMRA]
The Committee recommends that the Supreme Court amend Rule 10-101 NMRA to provide a definition for “crossover youth.” In addition, the Committee recommends adopting a new rule and accompanying forms that set forth procedures for providing all parties with notice in crossover youth cases and that allow a crossover youth’s child welfare attorney or guardian ad litem to enter a limited appearance in the youth’s delinquency or criminal case.
Proposal 2025-003 - Service by Social Media [Rule 1-004 NMRA]
The Committee recommends amendments to Rule 1-004 NMRA that would allow for service of process via social media, e-mail, and text message if service of process cannot be accomplished under other methods of service.
Proposal 2025-004 - Contributory Negligence [Rule 1-008 NMRA]
The Committee recommends amending Rule 1-008 NMRA to replace the affirmative defense of “contributory negligence” with “comparative negligence.” The Committee recommends this amendment to reflect New Mexico’s abolishment of contributory negligence and adoption of comparative negligence as set forth in Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682, 634 P.2d 1234.
Proposal 2025-005 - Medical Debt [New Forms 4-226A, 4-301A, 4-805B, and 4-805C NMRA; Rules 1-009, 1-055, 1-060, 1-065.1, 1-065.2, 2-201, 2-702, 2-703, 2-801, 2-802, 3-201, 3-702, 3-704, 3-801, and 3-802 NMRA; Forms 4-204, 4-801, 4-801A, 4-808, 4-808A, and 4-809 NMRA]
The Committee proposes adopting new civil forms and amending various existing civil rules and forms to implement the Patients’ Debt Collection Protection Act, NMSA 1978, §§ 57-32-1 to -10 (2021) and its associated regulations.
Proposal 2025-006 - Residential Foreclosures [Rules 1-003.3 and 1-054.2 NMRA; Form 4-712 NMRA]
The Committee recommends amending Rules 1-003.3 and 1-054.2 NMRA and Form 4-712 NMRA to clarify that they apply to residential foreclosures only.
Proposal 2025-007 - Relationships Requiring Judicial Disqualification [Rule 21-211 NMRA]
The Code of Judicial Conduct Committee recommends amendments to Rule 21-211 NMRA that require judicial disqualification when the judge, the judge’s relative, or the judge’s staff are participating directly or indirectly in the management of a party to the proceeding.
Proposal 2025-008 - Length of Time to Correct an Illegal Sentence [Rule 5-801 NMRA]
The Rules of Criminal Procedure for State Courts Committee recommends amending Rule 5-801 NMRA to clarify the length of time a district court has to correct an illegal sentence in response to State v. Romero, 2023-NMSC-008, 528 P.3d 640. The Committee also recommends amendments that provide a time limit for correcting a sentence imposed in an illegal manner, require a hearing if the corrected sentence results in more onerous sentencing terms, clarify when a motion to reduce a sentence may be filed and its effect on a notice of appeal, and enhance readability of the rule. Finally, the Committee recommends revising the accompanying committee commentary of Rule 5-801 to explain the history of the rule and the proposed amendments.
Proposal 2025-009 - Temporary Orders of Protection [Forms 4-963 and 4-963A NMRA]
The Domestic Relations Rules Committee recommends amending Forms 4-963 and 4-963A to prohibit a restrained party from disconnecting or restricting access to the protected party’s phone or internet services.
Proposal 2025-010 - Extreme Risk Firearm Protection Orders [New Forms 4A-601, 4A-602, 4A-603, 4A-604, 4A-605, 4A-606, 4A-607, 4A-608, 4A-609, 4A-610, 4A-611, 4A-612, 4A-613, and 4A-614 NMRA]
The Committee recommends that the Court formally adopt, with modifications, new domestic relations forms that have been in use in proceedings involving extreme risk firearm protection orders.
Proposal 2025-011 – Compensation for Limitations to Property Access [Uniform Jury Instruction (UJI) 13-719 NMRA]
The Uniform Jury Instructions-Civil Committee recommends amendments to UJI 13-719 NMRA in response to City of Albuquerque v. Tecolote Resources, Inc., 2024-NMCA-029, 544 P.3d 321. The amendments clarify that the instruction should only be given in condemnation cases in which property is lost or impaired but not taken, and that the instruction should not be given in cases involving partial takings.
Proposal 2025-012 - Use of Artificial Intelligence by Jurors [UJI 13-110 NMRA]
The Committee recommends amending UJI 13-110 NMRA to prohibit jurors from using or referring to any internet resources, including artificial intelligence, before rendering a verdict in a case.
Proposal 2025-013 - Punitive Damages for Cumulative Conduct [UJI 13-1718 NMRA]
The Committee recommends amending the use notes and committee commentary of UJI 13-1718 NMRA to allow the trial court to determine, depending on the particular circumstances of the case being tried, whether other theories of punitive damages contained in UJI 13-1827 NMRA may be incorporated into UJI 13-1718.
Proposal 2025-014 - Rules of Professional Conduct and Duty [UJI 13-2411 NMRA]
In response to Waterbury v. Nelson, 2024-NMSC-020, 557 P.3d 96, the Committee recommends modifications to UJI 13-2411 NMRA and its accompanying committee commentary to clarify that the Rules of Professional Conduct cannot be used as the source of a lawyer’s duty in a legal malpractice case, but may be used as evidence of the standard of care.
Proposal 2025-015 – Aggravated Shoplifting and Organized Retail Theft [New UJIs 14-1610A, 14-1612, 14-1613, 14-1614, 14-1615, 14-1616, 14-1617, and 14-1618 NMRA; UJIs 14-1610 and 14-1611 NMRA]
The Committee proposes amending UJIs 14-1610 and 14-1611 NMRA and adopting new jury instructions to implement legislative changes to the shoplifting statute, NMSA 1978, § 30-16-20 (2023), and the passage of the organized retail crime statute, NMSA 1978, § 30-16-20.1 (2023).
Proposal 2025-016 – Multiple Defendants [UJI 14-6003 NMRA; Withdrawn UJI 14-6005 NMRA]
The Committee recommends amending UJI 14-6003 NMRA and its associated committee commentary to clarify that the jury should consider evidence relating to each defendant separately and that the instruction should not be used in cases involving a charge of conspiracy. The proposed amendments are also intended to conform with the multiple defendants instruction used in other jurisdictions by providing alternatives if multiple defendants are charged with different offenses or the same offenses. Finally, the Committee recommends withdrawing UJI 14-6005 NMRA and including the substance of that instruction in UJI 14-6003.
Proposal 2025-017 - Sexual Exploitation of Children (Manufacture) [UJI 14-633 NMRA]
The Committee recommends amending UJI 14-633 NMRA to include the required mens rea for sexual exploitation of children (manufacture), as set forth in State v. Rael, 2024-NMSC-010, 548 P.3d 66. In addition, the recommended amendments combine elements of the instruction to streamline language and include explanatory committee commentary of the Supreme Court’s holding in Rael.
Proposal 2025-018 - Intentional Child Abuse [UJI 14-626 NMRA]
The Committee recommends amendments to the use notes of UJI 14-626 NMRA to indicate that UJI 14-141 NMRA, the general intent instruction, should not be given in intentional child abuse and abandonment cases.
Proposal 2025-019 - Implicit Bias Instructions [New UJIs 13-110.1 and 14-101B NMRA; UJIs 13-2005, 13-2009, 14-6006, and 14-6008 NMRA]
The Uniform Jury Instructions-Civil Committee and Uniform Jury Instructions-Criminal Committee recommend new and revised civil and criminal jury instructions to address implicit bias in the judicial system.
Proposal 2025-020 - Local Rules for the Third Judicial District Court [New LR3-115, LR3-116, and LR3-117 NMRA; LR3-102, LR3-105, LR3-106, LR3-112, LR3-203, and LR3-207 NMRA]
The Third Judicial District Court recommends amending six of its local rules and adopting three new local rules. The proposed amendments and new rules are intended to ensure consistency with the Supreme Court’s opinion in In re Marshall, 2023-NMSC-009, 528 P.3d 670, clarify the District’s security and recording policies, streamline and clarify court procedures for civil and criminal cases, and prepare for a paperless case management system.
Proposal 2025-021 - Eleventh Judicial District Court’s Technical Violation Program [Reinstated LR11-302 NMRA]
The Eleventh Judicial District Court recommends the reinstatement of LR11-302 NMRA to implement a new technical violation program for adult probationers.
Proposal 2025-022 - Local Rules for the Eleventh Judicial District Court [LR11-110, LR11-111, LR11-116, LR11-119, and LR11-120 NMRA; Withdrawn LR11-102, LR11-108, LR11-113, and LR11-115 NMRA]
The Eleventh Judicial District Court recommends amending various local rules in the District related to remote and in-person hearings, court hours, electronic devices, attire and decorum in the courtroom, and the place of filing. In addition, the District recommends withdrawing four of its local rules governing case assignment, removal of court files, filing fees, and filing by fax. The proposed amendments and withdrawals are intended to ensure consistency with statewide rules and to reflect current policies and procedures followed in the District.
Proposal 2025-023 - Local Rules of the Second Judicial District Court [New LR2-128 NMRA; LR2-102, LR2-106, LR2-109, LR2-111, LR2-114, LR2-126, LR2-127, LR2-306, LR2-308, and LR2-603 NMRA; Withdrawn LR2-108, LR2-304, and LR2-305 NMRA]
The Second Judicial District Court recommends adopting a new local rule addressing notices of unavailability. In addition, the District recommends amending various local rules regarding scheduling priorities, court decorum, transportation of incarcerated persons to trials and hearings, appearances for children’s court cases, filing fees, and orders to show cause. The District also recommends making minor, technical changes to LR2-306, LR2-308, and LR2-603 NMRA. Finally, the District recommends withdrawing its rules regarding court hours and closures, furloughs, and designation of proceedings for transcript conferences. These amendments are intended to ensure consistency with statewide rules and policies of the New Mexico judiciary and reflect current practices and policies followed at the District.
Proposal 2025-024 - Rules Governing Admission to the Bar [Rules 15-102, 15-203, 15-205, 15-207, and 15-301 NMRA]
The Supreme Court Clerk’s Office and the Board of Bar Examiners propose to amend the Rules Governing Admission to the Bar to add new definitions and additional factors for consideration and to clarify procedures for submitting applications and completing licensure.
Proposal 2025-025 - Oral Argument Requests [Rule 12-319 NMRA]
The Supreme Court Clerk’s Office proposes to amend the committee commentary of Rule 12-319 NMRA to clarify the meaning of “opening brief” when parties request oral argument.
Proposal 2025-026 - Length of Jury Service [New Rule 23-116 NMRA]
The Supreme Court Clerk’s Office recommends the adoption of new Rule 23-116 NMRA, which establishes a maximum length of jury service as required under NMSA 1978, Section 38-5-12(B) (2005). The proposed new rule also allows each judicial district, in its discretion and in consultation with the Administrative Office of the Courts, to establish terms of service based on that district’s needs.
Proposal 2025-027 - Rules Committee Meetings and Voting by Email [Rule 23-106 NMRA]
The Supreme Court Clerk’s Office proposes to amend Rule 23-106 NMRA to establish new meeting requirements and to allow voting by email under extraordinary circumstances for the Court’s rules committees.
Proposal 2025-028 – Pronouns in UJIs [Various UJIs in the NMRA]
The Supreme Court Clerk’s Office and Supreme Court Commission on Equity and Justice recommend amending various Uniform Jury Instructions in the NMRA to remove gendered pronouns and replace them with gender-neutral language.
Proposal 2025-029 - Qualifications for Judicial Nominees [New Rule 23-117 NMRA]
The Supreme Court Clerk’s Office recommends the adoption of new Rule 23-117 NMRA to clarify that when a judicial nominee is required to have been in the actual practice of law or be a member of the New Mexico Bar, the nominee cannot be licensed under a limited licensure rule.
Proposal 2025-030 - Orders of Expungement [Rule 1-077.1 NMRA]
The Supreme Court Clerk’s Office proposes amending Rule 1-077.1 NMRA to establish a procedure for a district court to follow when an appellate court maintains records related to an order of expungement.
Proposal 2025-031 - Pronouns and Salutations in Court Pleadings [Rules 1-008.1, 1-010, 1B-202, 2-203.1, 3-203.1, 5-202, 6-301, 7-301, 8-301, 10-112, 10-114, 12-305, and 12-305.1 NMRA]
The Supreme Court Clerk’s Office proposes to amend Rules 1-008.1, 1-010, 1B-202, 2-203.1, 3-203.1, 5-202, 6-301, 7-301, 8-301, 10-112, 10-114, 12-305, and 12-305.1 NMRA to allow parties and attorneys to include preferred pronouns and designated salutations in court pleadings and require courts and attorneys to use the party’s or attorney’s name, personal pronouns, or designated salutation when addressing, referring to, or identifying the party or attorney. The proposed amendments are intended to implement Supreme Court Order No. S-1-AO-2024-00016, In the Matter of the Use of Personal Pronouns and Designated Salutations in Court Pleadings.
THE PROPOSED RULE AMENDMENTS SUMMARIZED ABOVE CAN BE VIEWED IN THEIR ENTIRETY AT THE NEW MEXICO SUPREME COURT WEBSITE
https://supremecourt.nmcourts.gov/rules-forms-files/rules-forms/open-for-comment/
Three applications have been received in the Judicial Selection Office as of 5 p.m. (MT), on Friday, February 28, 2025, for the vacancy on the Twelfth Judicial District Court will exist as of April 1, 2025, due to the retirement of the Honorable Judge Ellen R. Jessen, effective March 31, 2025.
The Twelfth Judicial District Court Nominating Commission will convene at 10:30 a.m.(MT) on Wednesday, March 19, 2025, at the Twelfth Judicial District Court, located at 1000 New York Ave, Alamogordo, N.M.
The Commission meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
The names of the applicants in alphabetical order:
Jane Elizabeth Granier
Albert Richard Greene III
Lori Lee Gibson Willard
The Bernalillo County Metropolitan Court Judicial Nominating Commission convened at 8:30 a.m. (MT) on Monday, January 27, 2025, at the New Mexico State Bar located at 5121 Masthead Street N.E. and completed its evaluation of the eleven applicants to fill the two vacancies on the Bernalillo County Metropolitan Court due to the retirements of the Honorable Judge Linda S. Rogers and the Honorable Judge Frank A. Sedillo effective December 31, 2024.
The Bernalillo County Metropolitan Court Judicial Nominating Commission recommends the following applicants to Governor Michelle Lujan Grisham:
Ignacio Victor Gallegos Andrea Inez Gunderson Ramon Julian Maestas Katherine Channing Roehl
The Eleventh Judicial District Court Judicial Nominating Commission convened at 1 p.m. (MT) on Jan. 17 at the Farmington Public Library located at 2101 N Farmington Ave., Farmington, NM 87401, and completed its evaluation of the two applicants to fill the vacancy on the Eleventh Judicial District Court due to the retirement of the Hon. Daylene Marsh effective Dec. 31, 2024.
The Eleventh Judicial District Court Judicial Nominating Commission recommends the following applicants to Gov. Michelle Lujan Grisham:
Gertrude Lee
Brenna Clani-Washinawatok
The Second Judicial District Court Judicial Nominating Commission convened at 9 a.m. (MT) on Tuesday, January 14, 2025, at New Mexico State Bar located at 5121 Masthead Street N.E., Albuquerque, N.M., and completed its evaluation of the ten applicants to fill the vacancy on the Second Judicial District Court due to the retirement of the Honorable Judge Stan Whitaker, effective December 21, 2024.
The Second Judicial District Family Court Judicial Nominating Commission recommends the following applicant to Governor Michelle Lujan Grisham:
Matthew Chavez
Judge Shonnetta Estrada
Kristopher Houghton
Rose Osborne
Jeremy Pena
Niki Tapia-Brito
Ten (10) applications have been received in the Judicial Selection Office as of 5 p.m. (MT) on Jan. 3 for the vacancy on the Second Judicial District Criminal Court due to the retirement of the Honorable Stan Whitaker, effective Dec. 21, 2024. The Second Judicial District Criminal Court Nominating Commission will convene at 9 a.m. (MT) on Jan. 14 to interview applicants at the New Mexico State Bar located at 5121 Masthead St NE, Albuquerque, N.M. The Commission meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard. The names of the applicants in alphabetical order:
The 2025 Bench & Bar Spending Plan has been approved in the amount of $85,700.00 for 10 identified projects. To view the detailed spending plan, please see the “Attorney Information” page on the Court’s website at https://www.nmd.uscourts.gov/.
The Second Judicial District Family Court Judicial Nominating Commission convened at 2 p.m. (MT) on Dec. 16 at the Second Judicial District Court, located at 400 Lomas Blvd NW, Albuquerque, NM and completed its evaluation of the three applicants to fill the vacancy on the Second Judicial District Family Court due to the retirement of the Honorable Debra Ramirez, effective Dec. 31.
The Second Judicial District Family Court Judicial Nominating Commission recommends the following applicant to Gov. Michelle Lujan Grisham:
Crystal Lees
For any questions, email Beverly Akin at akin@law.unm.edu.
With the concurrence of the Article III judges, Federal Bar Dues for 2025 are set at $25.00. Attorneys admitted to practice in the district should submit dues on or before Jan. 31, 2025. Delinquent payments for prior years must be made to maintain good standing. Current dues and dues for prior years can be paid through your CM/ECF account. Please visit www.nmd.uscourts.gov for more information on Federal Bar dues and guidance on how to pay dues online.
A vacancy on the Second Judicial District Criminal Court will exist as of December 21, 2024, due to the retirement of the Honorable Judge Stan Whitaker. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State. Camille Carey, Chair of the Second Judicial District Court Judicial Nominating Commission, invites applications for this position from lawyers who meet the statutory qualifications in Article VI, Section 14 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website: https://lawschool.unm.edu/judsel/application.html, or emailed to you by contacting the Judicial Selection Office at akin@law.unm.edu. The deadline for applications has been set for Friday, January 3, 2025 at 5:00 pm Applications received after that time will not be considered. The Second Judicial District Court Nominating Commission will meet beginning at 9:30 a.m. on Tuesday, January 14, 2025, to interview applicants for the position at the New Mexico State Bar located at 5121 Masthead Street N.E., in their conference rooms. The Committee meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
The Second Judicial District Family Court Judicial Nominating Commission will convene at 2 p.m. (MT) on Monday, Dec. 16 to interview applicants at the Second Judicial District Court, located at 400 Lomas Blvd NW, Albuquerque, N.M. 87102.
Two vacancies on the Bernalillo County Metropolitan Court will exist as of Jan. 1, 2025, due to the retirements of the Honorable Judge Linda S. Rogers and the Honorable Judge Frank A. Sedillo effective Dec. 31, 2024. Inquiries regarding the details or assignment of these judicial vacancies should be directed to the Administrator of the Court. Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State.
Camille Carey, Chair of the Bernalillo County Metropolitan Court Judicial Nominating Commission, invites applications for these positions from lawyers who meet the qualifications in Article VI, Section 28 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website:
https://lawschool.unm.edu/judsel/application.html, or emailed to you by contacting the Judicial Selection Office at akin@law.unm.edu. The deadline for applications has been set for Tuesday, Jan. 7, 2025 at 5 p.m. (MT). Applications received after that time will not be considered.
The Bernalillo County Metropolitan Court Nominating Commission will meet at 9:30 a.m. (MT) on Monday, Jan. 27, 2025 and Tuesday, Jan. 28, 2025 at the State Bar of New Mexico located at 5121 Masthead St NE, Albuquerque, N.M., 87109 to interview applicants for the position.
The Commission meeting is open to the public, and anyone who wishes to be heard about any of the candidates will have an opportunity to be heard.
Three (3) applications have been received in the Judicial Selection Office as of 5 p.m. (MT), on Wednesday, December 4, 2024, for the vacancy on the Second Judicial District Family Court due to the retirement of the Honorable Judge Honorable Judge Debra Ramirez, effective December 31, 2024. The Second Judicial District Family Court Nominating Commission will convene at 9:30 a.m. (MT) on Monday, December 16, 2024 at the Second Judicial District Court, located at 400 Lomas Blvd NW, Albuquerque, NM 87102. The Commission meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
Donny Deron Johnson Jr. Crystal Emerald Lees Taylor Edwin Lieuwen
The Second Judicial District Family Court Judicial Nominating Commission meeting, originally scheduled for Wednesday, December 18, 2024, has been rescheduled to Monday, December 16, 2024. The Second Judicial District Family Court Judicial Nominating Commission will convene at 9:30 a.m. (MT) on Monday, December 16, 2024, to interview applicants at the Second Judicial District Court, located at 400 Lomas Blvd NW, Albuquerque, N.M. 87102. The Commission meeting is open to the public, and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
A vacancy on the Second Judicial District Family Court will exist as of Dec. 31 due to the retirement of the Hon. Debra Ramirez. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State.
Camille Carey, Chair of the Second Judicial District Court Judicial Nominating Commission, invites applications for this position from lawyers who meet the statutory qualifications in Article VI, Section 14 of the New Mexico Constitution. Applications may be obtained from the Judicial Selection website: https://lawschool.unm.edu/judsel/application.html, or emailed to you by contacting the Judicial Selection Office at akin@law.unm.edu. The deadline for applications has been set for Dec. 4 at 5 p.m. (MT). Applications received after that time will not be considered.
The Second Judicial District Family Court Nominating Commission will convene at 9:30 a.m. (MT) on Dec. 18 at the Second Judicial District Court, located at 400 Lomas Blvd NW, Albuquerque, N.M. 87102.
The Committee meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
The Supreme Court has approved a number of changes to the rules, forms, and uniform jury instructions (UJIs) for the 2024 rulemaking cycle under Rule 23-106.1 NMRA. What follows is a summary of those changes approved by the Court on November 1, 2024. The summary also includes out-of-cycle amendments approved by the Court on November 1, 2024. Unless otherwise noted below and in the history note at the end of each approved rule, form, or UJI, amendments will take effect on December 31, 2024. The full text of the amendments in markup format and the related orders are available on the Court’s website by clicking here. Approved rule amendments will also appear on NMOneSource.com by their effective date.
Attorney Withdrawal Before Certiorari – Amended Rule 12-302 NMRA
The Supreme Court approved the Appellate Rules Committee’s recommendation to amend Rule 12-302 NMRA and its associated committee commentary to clarify the withdrawal process for appellate counsel appointed by the Court of Appeals in appeals involving abuse or neglect, termination of parental rights, or custody hearings.
Permanency Review Hearings – Amended Rules 10-345 and 10-346 NMRA
On recommendation of the Children’s Court Rules Committee, the Supreme Court approved amendments to Rule 10-346 NMRA requiring the Children, Youth and Families Department to submit a court report five (5) days before a judicial review hearing in child welfare cases. The changes are intended to reflect and implement practices in numerous jurisdictions and mirror the court report requirement for permanency review hearings. The Court also approved technical changes to Rule 10-345 NMRA.
Child’s First Appearance on a Delinquency Petition – Amended Form 10-711 NMRA
The Supreme Court approved the Committee’s recommended amendments to Form 10-711 NMRA. The approved amendments eliminate references to an arraignment, replace language describing procedure in delinquency cases, and clarify the explanation of rights section and ensure that the section is consistent with Rule 10-224 NMRA. The approved amendments also require the child’s attorney to certify that the attorney explained the possible penalties for the alleged offenses to the child.
Political Activity and Elections – Amended Rule 21-401 NMRA
On recommendation of the Code of Judicial Conduct Committee, the Court approved amending Rule 21-401 NMRA to correct a typographical error in the title of the rule.
Lawyer Succession Rule – Amended Rule 16-119 NMRA
The Supreme Court approved the Code of Professional Conduct Committee’s recommended amendments to Rule 16-119 NMRA that exempt justices, judges, and court hearing officers from the succession plan requirement for judicial duties and that clarify that the succession plan requirement otherwise applies to every lawyer with an active license to practice law in New Mexico. The Court also approved the Committee’s proposed amendments to Rule 16-119 and its associated committee commentary that accommodate governmental departments and agencies and clarify the required contents of a succession plan, the potential role of a non-lawyer designee in implementing a succession plan, and how confidentiality requirements apply to assisting lawyers.
Providing Financial Assistance to Clients – Amended Rule 16-108 NMRA
The Supreme Court approved the Committee’s recommendation to amend Rule 16-108 NMRA and its associated committee commentary to allow lawyers to provide indigent clients that they are representing pro bono with modest humanitarian aid under limited circumstances. These amendments are intended to be consistent with the American Bar Association Model Rules of Professional Conduct.
Kinship Guardianship Forms – New Form 4A-503.1 NMRA; Amended Forms 4A-501, 4A-502, 4A-503, 4A-504, 4A-505, 4A-506, 4A-507, 4A-508, 4A-509, 4A-510, 4A-511, 4A-512, 4A-513, 4A-514, 4A-515, and 4A-516 NMRA
On recommendation of the Domestic Relations Rules Committee, the Supreme Court approved amendments to the kinship guardianship forms that are intended to comport with recent updates to the Kinship Guardianship Act, NMSA 1978, §§ 40-10B-1 to -15 (2001, as amended through 2023), and the enactment of the Indian Family Protection Act, NMSA 1978, §§ 32A-28-1 to -42 (2022, as amended through 2023). The Court also approved the recommended amendments that ensure a second parent is identified and notified from the inception of a kinship guardianship case.
Parentage Forms – New Forms 4A-404 and 4A-405 NMRA; Amended Form 4A-401 NMRA; Withdrawn Form 4A-403 NMRA
The Supreme Court approved the Committee’s recommendation to adopt new Forms 4A-404 and 4A-405 NMRA, amend Form 4A-401 NMRA, and withdraw Form 4A-403 NMRA to streamline the filing of pleadings and orders in parentage cases. The new forms and amendments also clarify procedures for child support and reflect statutory changes to child support.
Verification of Active Duty Status – Amended Forms 4A-310 and 4A-311 NMRA
The Supreme Court approved the Committee’s recommendation to amend Forms 4A-310 and 4A-311 NMRA to update the website address that a petitioner must use to verify the respondent’s active duty military status for purposes of requesting a default judgment and to correct a typographical error.
Three-Day Service and Legal Holidays – Amended Rules 1-006, 2-104, 3-104, 5-104, 6-104, 7-104, 8-104, 10-107, and 12-308 NMRA
On recommendation of the Rules of Civil Procedure for State Courts Committee, the Rules of Criminal Procedure for State Courts Committee, and the Children’s Court Rules Committee, the Supreme Court approved amending Rules 1-006, 2-104, 3-104, 5-104, 6-104, 7-104, 8-104, and 10-107 NMRA to eliminate the additional three-day mailing period when service is made by electronic transmission. The Court also approved identical amendments to Rule 12-308 NMRA. Finally, the Court approved amendments to update the list of legal holidays observed by the judiciary.
Mediation – Amended Rule 2-805 NMRA
The Supreme Court approved the Rules of Civil Procedure for State Courts Committee’s recommendation to amend Rule 2-805 NMRA to eliminate the requirement that mediators be approved by the local presiding judge.
Petition for Appointment of a Treatment Guardian for an Adult – Amended Form 4-930 NMRA
The Supreme Court approved the Committee’s recommended amendments to Form 4-930 NMRA that require a petitioner to provide additional contact information for the relevant parties in a petition for appointment of a treatment guardian for an adult. The Court also approved technical amendments to the form.
Garnishment – Amended Rules 1-065.1, 1-065.2, 2-801, 2-802, 3-801, and 3-802 NMRA; Amended Forms 4-803, 4-805, 4-805A, 4-806, 4-807, 4-808, 4-808A, 4-809, 4-810, and 4-812 NMRA
On recommendation of the Committee, the Court approved the amendment of various civil rules and forms to incorporate recent statutory changes related to garnishment and execution. The Court also approved recommended amendments that clarify when an application for writ of garnishment or execution is considered timely.
Incorporation of Plea Deadlines and Settlement Conferences – Amended Rules 5-304, 6-302, and 7-302 NMRA
The Supreme Court approved the Rules of Criminal Procedure for State Courts Committee’s recommended amendments to Rules 5-304, 6-302, and 7-302 NMRA that impose deadlines for the submission of plea agreements that would eliminate the need for a trial at the district, magistrate, and metropolitan courts. These amendments are intended to conform with the deadlines as set forth in Supreme Court Order Nos. 22-8500-018 and 23-8500-012. The Court also permanently approved the 2022 provisional amendments to Rule 5-304 that allow judicial involvement in plea discussions at the district courts to streamline the processing of criminal cases.
Filing of Criminal Complaint Upon Arrest – Amended Rules 5-210, 6-201, 7-201, and 8-201 NMRA
The Supreme Court approved the Committee’s proposed amendments to Rules 5-210, 6-201, 7-201, and 8-201 NMRA and their associated committee commentary that require a copy of a criminal complaint be given to a defendant and the local detention center at the time of custody and that the original complaint be filed with the court within seventy-two (72) hours if a defendant is not in custody.
Consolidated Cases – New Rules 5-305, 6-307, 7-307, and 8-307 NMRA
In Torres v. Santistevan, 2023-NMSC-021, ¶ 17, 536 P.3d 465, the Court requested that the Committee define the effect of consolidation within the rules of criminal procedure. The Court has approved the Committee’s recommendation to adopt new rules that govern the consolidation of criminal cases, including the effect of consolidation.
Plea Deadlines, Suppression Hearings, and Extensions for Trial – Amended Rules 5-212, 5-601, 6-304, 6-506, 7-304, and 7-506 NMRA
In conjunction with the amendments regarding plea deadlines, the Supreme Court approved the Committee’s recommended amendments to Rules 6-506 and 7-506 NMRA that clarify that the time for commencement of trial may be extended on withdrawal of a plea by a defendant or on rejection of a plea by the court. The Court also approved the Committee’s proposed amendments to the committee commentary of Rules 5-212, 5-601, 6-304, and 7-304 NMRA that encourage courts to resolve substantive motions at least five (5) days prior to trial.
Carry-Over Limit for Self-Study MCLEs – Amended Rule 18-201 NMRA
On recommendation of the State Bar of New Mexico, the Supreme Court approved amendments to Rule 18-201 NMRA that remove the carry-over limit for self-study Minimum Continuing Legal Education (MCLE) credit hours. These amendments are intended to implement Supreme Court Order No. S-1-AO-2023-00024 and ensure consistency with the 2023 amendments to Rule 18-204 NMRA.
Rule Set 15 Citations – Amended Rules 24-102, 24-102.2, and 24-110 NMRA
The Supreme Court approved the State Bar of New Mexico’s recommendation to amend Rules 24-102, 24-102.2, and 24-110 NMRA to update references to rules contained in Rule Set 15 – Rules Governing Admission to the Bar following comprehensive amendments to that rule set in 2023.
The Supreme Court approved the amendment of Form 4-227 NMRA and the withdrawal of Forms 4-228, 4-229, and 4-230 NMRA due to the expiration of funds under the Homeowner Assistance Fund allocated by the United States Department of Treasury.
Proposed Public Censures – New Rules 17-317 and 27-404 NMRA; Amended Rules 17-211, 17-316, 27-301, and 27-401 NMRA
The Supreme Court approved the adoption of new Rules 17-317 and 27-404 NMRA and the amendment of Rules 17-211, 17-316, 27-301, and 27-401 NMRA, which require the Disciplinary Board and Judicial Standards Commission to submit proposed public censures to the Court when public censure is a recommended form of discipline for judges and attorneys, in accordance with Supreme Court Order No. S-1-AO-2023-00025.
Supplemental Briefs and Authorities – Amended Rule 12-318 NMRA
The Supreme Court approved amendments to Rule 12-318 NMRA that require counsel to file and serve a notice of supplemental authority in accordance with Rule 12-307 NMRA. The Court also approved minor, technical amendments throughout the rule.
Typos and Technical Changes – Amended Rules 2-101, 3-101, 5-101, 6-101, 7-101, 8-101, 12-405, and 24-101.1 NMRA; Amended Form 4A-515 NMRA; Amended UJIs 14-631, 14-1630 NMRA
The Supreme Court approved amending a form and various rules and UJIs to correct typographical errors and make minor, technical changes.
Requests for Oral Argument – Amended Rule 12-319 NMRA
On its own motion, the Supreme Court has amended Rule 12-319 NMRA to clarify and streamline the process for requesting oral argument in the appellate courts. Parties may now request oral argument on the cover page or first page of the opening brief.
Human Rights Act Intentional Discrimination – Amended UJI 13-2307C NMRA
The Supreme Court approved the UJI-Civil Committee’s recommendation to amend UJI 13-2307C NMRA and its associated committee commentary to clarify the standard of discriminatory intent required to prove a violation of the Human Rights Act (HRA), NMSA 1978, §§ 28-1-1 to -14 (1969, as amended through 2024). The approved amendments also provide updated use notes and reflect recent case law as well as legislative changes to the HRA.
Firearm Enhancement – Amended UJIs 14-6013 and 14-6014 NMRA
On recommendation of the UJI-Criminal Committee, the Supreme Court approved amendments to UJIs 14-6013 and 14-6014 NMRA that implement recent changes to the firearm enhancement statute, NMSA 1978, Section 31-18-16 (2022), and the repeal of NMSA 1978, Section 31-18-16.1 (1993, repealed 2003).
https://supremecourt.nmcourts.gov/2024-approved-amendments-to-rules-and-forms/
Attorneys must electronically submit subsequent filings in criminal cases in all magistrate courts statewide and the Bernalillo County Metropolitan Court starting Oct. 14. This is in accordance with Supreme Court Order No. S-1-AO-2024-00023. The mandatory e-filing of documents will occur through the online File & Serve system. The Judiciary’s website provides resource materials for attorneys and justice partners about the e-filing requirement.
The Supreme Court of New Mexico is seeking applications to fill two (2) vacancies on the Rules of Civil Procedure for State Courts Committee, and one (1) additional vacancy on the Appellate Rules Committee. The Court would like to encourage judicial applicants for these vacancies to maintain practice area diversity on these committees. However, the Court welcomes all applications and anyone interested in volunteering to serve on one of these committees may apply by submitting an application, along with a resume, to Elizabeth A. Garcia, Chief Clerk, by email to nmsupremecourtclerk@nmcourts.gov, or by first class mail to P.O. Box 848, Santa Fe, NM 87504. The required application form can be found on the Supreme Court’s website at https://supremecourt.nmcourts.gov/careers/current-vacancies/.
Applications for these vacancies will be accepted through Sept. 30. If you have already submitted an application and are interested in being considered for any of these positions as well, please send an email to the Supreme Court Clerk’s Office indicating the same.
Download Application Form
The Supreme Court of New Mexico is seeking applications to fill existing vacancies on its committees, boards, and commissions listed below. Unless otherwise noted below, any person may apply to serve on any of the following committees, boards, and commissions:
Voting member positions 1 Children's Court Judge position 1 law enforcement member position 1 legislative member of the Senate/House (Minority Party) 1 youth advocate position 1 youth advocate for behavioral health position 2 advocate for foster youth positions Non-voting member positions 1 district attorney in Children's Court position 1 community partner representative
2 vacancies for NM legislature representative position 1 vacancy for family member not guardian or conservator 1 vacancy for CEO of Interagency Behavioral Health Purchasing Collaborative Representative
Anyone interested in volunteering to serve on one or more of the foregoing committees, boards, or commissions may apply by submitting an application, along with a resume, to Elizabeth A. Garcia, Chief Clerk, by email to nmsupremecourtclerk@nmcourts.gov, or by first class mail to P.O. Box 848, Santa Fe, NM 87504. The required application form can be found on the Supreme Court’s website at https://supremecourt.nmcourts.gov/careers/current-vacancies/. Please submit applications by Sept. 20.
Eight (8) applications have been received in the Judicial Selection Office as of 5 p.m. (MT), on Aug. 29 for the vacancy on the Second Judicial District Family Court due to the retirement of the Honorable Judge Gerard J. Lavelle, effective Sept. 1.
The Second Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. (MT) on Sept. 17 to interview applicants at the New Mexico State Bar located at 5121 Masthead St NE, Albuquerque, NM. The Commission meeting is open to the public and members of the public who wish to be heard about any of the candidates will have an opportunity to be heard.
Bryan Thomas Fox Veronica Lee Hill Donny Deron Johnson Jr. Crystal Emerald Lees Taylor Edwin Lieuwen Ramon Julian Maestas Deian McBryde Edna Frances Sprague
For more information, email akin@law.unm.edu.
The Supreme Court approved amendments to Forms 4-602B, 4-602C, 9-513B, and 9-513C NMRA, which allow jurors to identify their personal pronouns and designated salutations in the juror questionnaire and qualification forms. The Court also issued Order No. S-1-AO-2024-00030, which requires courts and attorneys to use the juror’s name, designated salutation or personal pronouns, or other respectful means when addressing, referring to, or identifying the juror, either orally or in writing. The administrative order is available for viewing on the Court’s website at https://supremecourt.nmcourts.gov/rules-forms-files/administrative-orders/.
In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved out-of-cycle rule amendments. What follows is a summary of amendments the Court approved on August 23, 2024. Unless otherwise noted in the history note at the end of each approved rule, the amendments will take effect October 7, 2024. The full text of the amendments in markup format and the related rules and administrative orders are available on the Court’s website here. The approved rule amendments will also be available on NMOneSource.com by their effective date.
Page Rate Increases for Court Reporter Transcripts – Amended Rule 22-207 NMRA
The Supreme Court approved the recommendation from the Board Governing the Recording of Judicial Proceedings to amend Rule 22-207 NMRA to increase the page rates for official court reporter transcripts. These increases are intended to reflect inflation and to help relieve the shortage of official court reporters in New Mexico.
Juror Questionnaire and Qualification Forms – Amended Forms 4-602B, 4-602C, 9-513B, and 9-513C NMRA
The Supreme Court approved the New Mexico Supreme Court Commission on Equity and Justice’s recommendation to amend the juror questionnaire forms, Forms 4-602C and 9-513C NMRA, to allow jurors to identify their personal pronouns. The Court also approved (1) amendments to the juror questionnaire forms that allow jurors to include their preferred designated salutations, and (2) amendments to the juror qualification forms, Forms 4-602B and 9-513B NMRA, that allow jurors to identify their personal pronouns and preferred designated salutations. These amendments are intended to ensure that all participants in the judicial process will be treated with dignity, respect, and equality in New Mexico’s courts. Finally, the Court approved technical amendments to the juror questionnaire and qualification forms.
Pro Bono Services for Court Attorneys – Amended Rules 16-601, 21-310, and 24-108 NMRA
The Supreme Court has approved amendments to Rules 16-601, 21-310, and 24-108 NMRA that allow court attorneys to perform limited pro bono work. The amendments also clarify government attorneys’ participation in pro bono work and clarify that full-time justices, judges, hearing officers, and special commissioners are prohibited from performing pro bono work. Amendments to the New Mexico Judicial Branch Personnel Rules and Outside Employment Form will be forthcoming to provide clear guidelines and requirements for the performance of pro bono work by court attorneys.
THE RULE AMENDMENTS SUMMARIZED ABOVE CAN BE VIEWED IN THEIR ENTIRETY AT THE NEW MEXICO SUPREME COURT WEBSITE https://supremecourt.nmcourts.gov/2024-approved-amendments-to-rules-and-forms/
New Mexico magistrate courts and the Bernalillo County Metropolitan Court will begin receiving and processing subsequent electronic filings into criminal cases through the eFile & Serve system on Aug. 23. The Judiciary is offering training for attorneys, office managers and support staff. The e-filing system cannot be used to initiate a criminal case, but will be available for subsequent filings in cases.
Electronic filing and service of documents in criminal cases will occur through the eFile & Serve system that has been used for civil, family, and probate filings submitted electronically to courts. Training announcements and registration links will be emailed to eFile & Serve users for attorney training sessions the week of Aug. 19-22. The Judiciary’s website will provide resource materials for attorneys and justice partners.
View Notice and Next Steps for Attorneys
In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved out-of-cycle rule amendments. What follows is a summary of those amendments that the Court approved on May 17, 2024. The amendments are effective July 1, 2024. The full text of the amendments in markup format and the related orders are available on the Court’s website here. The approved rule amendments will also be available on NMOneSource.com.
Procedure for Local Rules Changes – New Rule 23-106.2 NMRA; Amended Rules 23-106 and 23-106.1 NMRA; and Withdrawn Rules 1-083 and 5-102 NMRA
The New Mexico Supreme Court has adopted a new rule and approved amendments to rules dealing with rule change requests. The new rule implements processes for local rule change requests. The Court has also approved the withdrawal of two rules that previously set out procedures for local rule change requests.
Case Management Program for Criminal Cases – Amended Rule LR3-303 NMRA
The New Mexico Supreme Court has approved amendments to a local rule of the Third Judicial District Court setting out the district’s case management pilot program for criminal cases. The amendments clarify that a new probable cause determination is not required when charges are refiled within six months after the court dismisses a case without prejudice and a probable cause determination has previously been made by a preliminary hearing or grand jury.
In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved out-of-cycle rule amendments. What follows is a summary of those amendments that the Court approved on May 8, 2024. The amendments are effective May 8, 2024. The full text of the amendments in markup format, the related rules and administrative orders, and a memorandum from the Administrative Office of the Courts are available on the Court’s website here. The approved rule amendments will also be available on NMOneSource.com.
Pretrial Release and Detention – New Rule 5-403.1 NMRA; Amended Rules 5-208, 5-401, 5-403, 5-409, 6-204, 6-401, 6-403, 7-204, 7-401, 7-403, 8-401, and 8-403 NMRA; and Amended Form 9-210A NMRA The New Mexico Supreme Court has adopted a new criminal rule and approved amendments to a criminal form and various criminal rules dealing with revocation or amendment of a defendant’s conditions of release, pretrial detention, and arrest warrants in criminal cases. The amendments also implement new processes to automatically review conditions of release or consider revocation of conditions of release for defendants alleged to have committed new crimes while released before trial.
The Second Judicial District Court will provide text notifications to attorneys to share information related to inclement weather delays and temporary closures. Sign up to receive texts by sending a text from your mobile device to: 77295 and entering the word attorney2nd. Information provided will strictly be on behalf of the Second Judicial District Court and is not intended to relay information for any other courts.
In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved the following out-of-cycle rule amendments. What follows is a summary of those amendments that the Court approved on February 23, 2024, and February 27, 2024. The full text of the amendments in markup format and the related orders are available on the Court’s website here. The approved rule amendments will also be available on NMOneSource.com.
References Pertaining to Intellectual and Developmental Disabilities – Amended Rules 5-602.2 and 5-602.3 NMRA
The Supreme Court approved the Rules of Criminal Procedure for State Courts Committee’s recommendation to amend Rules 5-602.2 and 5-602.3 NMRA to replace terminology pertaining to intellectual and developmental disabilities to reflect recent statutory amendments. The amendments are effective February 23, 2024.
Automatic Sanctions for Technical Violations by Probationers in the Eleventh Judicial District Court - Withdrawn LR11-302 NMRA
On recommendation of the Eleventh Judicial District Court, the Supreme Court has withdrawn LR11-302 NMRA, which sets forth the District’s technical violation program for probationers. The amendments are effective February 23, 2024.
Scribing for Self-Represented Litigants – Amended Rule 23-113 NMRA
The Supreme Court approved the New Mexico Commission on Access to Justice’s recommendation to amend Rule 23-113 NMRA to facilitate the Supreme Court’s Statewide Scribing Program implemented by Supreme Court Order No. S-1-AO-2024-00009. The amendments are effective June 1, 2024.
https://supremecourt.nmcourts.gov/supreme-court/opinions-rules-and-forms/approved-amendments-to-rules-and-forms/2024-2/
The courtroom, whether a physical in-person courtroom, or a virtual courtroom, remains a formal and serious setting where judges hear matters involving real people that affect real lives. Every case is important, and all participants should maintain court decorum in the virtual world, just as they would in person. The New Mexico Supreme Court asks all individuals participating in Remote Court proceedings, as well as all meetings called by a member of the New Mexico Judiciary, to continue to observe the following well-established rules of court standards and decorum.
Please view the full procedure for remote proceedings and meeting standards by clicking the button below.
View Full Remote Proceedings and Meeting Standards Document
At its September 2022 session, the Judicial Conference approved a significant increase to the maximum per page original and copy transcript fee rates, effective October 1, 2023 (see attached chart). The increase of roughly 10 percent in each of the fiscal years 2024
and 2025, or roughly 20 percent overall, is aimed at keeping pace with inflation and helping courts recruit and retain qualified court reporters. The Guide to Judiciary Policy, Volume 6 (Guide), and transcript fee schedule on uscourts.gov will be updated to reflect these changes.
The District of New Mexico has adopted the proposed schedule of per page transcript fees, subject to the maximum rates established by the Judicial Conference. Transcripts ordered prior to the court’s adoption of a new fee schedule should be billed at the rates in effect at the time the order was placed with the court reporter.
New Original and Copy Transcript Fee Rates (Effective Fiscal Years 2024 and 2025)
Original Transcript Rates
Copy Rates
Expedited Transcript (7-Day)