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Court Notices

New Mexico Supreme Court - Notice of Publication for Comment - Proposed Amendments to Supreme Court Rules of Practice and Procedure | February 27, 2024

In accordance with the Supreme Court’s out-of-cycle rulemaking process under Rule 23-106.1(C) NMRA, which includes publication of proposed rule amendments for public comment, the following proposed amendments are recommended to the rules of practice and procedure as summarized below. To view the text of the proposal, you may click on its corresponding proposal number below. 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 http://supremecourt.nmcourts.gov/open-for-comment.aspx, 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 March 22, 2024, to be considered by the Court. Please note that submitted comments may be posted on the Supreme Court’s website for public viewing.

Supreme Court

Proposal 2024-001 – Pretrial Release and Detention
[Rules 5-401, 5-403, 5-409, 6-401, 6-403, 7-401, 7-403, 8-401, and 8-403 NMRA]

The New Mexico Supreme Court is considering amending various criminal rules dealing with pretrial release and detention. The proposed amendments ensure that alleged violations of conditions of release are timely addressed and clarify procedures for setting conditions of release. The proposed amendments also require that a defendant, who was charged with certain felony or misdemeanor offenses and released after an initial pretrial detention hearing, be held without bond and without conditions of release, pending another pretrial hearing, if they are charged with certain offenses while released pending trial. 

THE PROPOSED RULE AMENDMENTS SUMMARIZED ABOVE
CAN BE VIEWED IN THEIR ENTIRETY AT THE

NEW MEXICO SUPREME COURT WEBSITE

http://supremecourt.nmcourts.gov/open-for-comment.aspx


New Mexico Supreme Court - Out-of-Cycle Rule Amendments

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.

Rules of Criminal Procedure for State Courts Committee

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.

Eleventh Judicial District Court

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.

New Mexico Commission on Access to Justice

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.

THE RULE AMENDMENTS SUMMARIZED ABOVE
CAN BE VIEWED IN THEIR ENTIRETY AT THE

NEW MEXICO SUPREME COURT WEBSITE

https://supremecourt.nmcourts.gov/supreme-court/opinions-rules-and-forms/approved-amendments-to-rules-and-forms/2024-2/


NEW TIME - Tenth Judicial District Court Judicial Nominating Commission

The Tenth Judicial District Court Judicial Nominating Commission will convene at 10:30 a.m. Wednesday, February 28, 2024, to interview applicants at the Tenth Judicial District Court located at 300 S. 3rd Street, Tucumcari, N.M. 88401. 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.


Tenth Judicial District Court Judicial Nominating Commission - Announcement of Applicants

Three (3) applications have been received in the Judicial Selection Office as of 5 p.m., Thursday, Feb. 15, 2024, for the vacancy on the Tenth Judicial District Court due to the retirement of the Albert J. Mitchell, Jr., effective Feb. 2, 2024.

The Tenth Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. on Wednesday, Feb. 28, 2024, to interview applicants at the Tenth Judicial District Court located at 300 S. 3rd Street, Tucumcari, NM 88401. 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 names of the applicants in alphabetical order:

Nancy English
Timothy L. Rose
Kevin John Sanders

Supreme Court Committees, Boards, and Commissions - Notice of Current Vacancies

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:
 
Appellate Rules Committee 1 general member position
Code of Judicial Conduct Committee 1 general member position
1 district court judge position
Magistrate Judge Advisory Committee 1 magistrate judge position
NM Children's Court Improvement Commission 1 district attorney in Children's Court position
1 community partner position
1 legislative member of the Senate/House (Minority Party) position
1 foster parent representative
Statewide Alternative Dispute Resolution Commission 1 district judge position
1 general member position

 

Anyone interested in volunteering to serve on one or more of the foregoing committees, boards, or commissions may apply by submitting the attached 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 application can be found on the Supreme Court’s website – Committees, Board and Commissions – Current Vacancies. Please submit applications by March 1.


REVISED - Tenth Judicial District Court Announcement of Vacancy


A vacancy on the Tenth Judicial District Court will exist February 3, 2024, due to the retirement of the Honorable Judge Albert J. Mitchell, Jr., effective February 2, 2024. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. Applicants seeking information about election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State.
Camille Carey, Chair of the Tenth 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 Thursday, February 15, 2024, at 5:00 pm. Applications received after that time will not be considered.
The Tenth Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. on Wednesday, February 28, 2024, to interview applicants at the Tenth Judicial District Court located at 300 S. 3rd Street, Tucumcari, NM 88401. 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.

Second Judicial District Court Judicial Nominating Commission Candidate Announcement


The Second Judicial District Court Judicial Nominating Commission convene at 8:30 a.m. on Monday, February 12, 2024, at the New Mexico State Bar located at 5121 Masthead St NE, Albuquerque, NM 87109, and completed its evaluation of the four applicants to fill the vacancy on the Second Judicial District Court due to the retirement of the Honorable Judge Benjamin Chavez, effective January 20, 2024.
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The Commission recommends the following candidates to Governor Michelle Lujan Grisham:
The Nominating Commission recommends the following applicants:
Rosemary Cosgrove-Aguilar
Diana Garcia
Andrea Gunderson

Notice of Cancellation - Proposed Changes to The Rules Governing First Judicial District Court Judicial Nominating Commission - Judicial Nominating Commissions

The Subcommittee on Judicial Nominations of the New Mexico Supreme Court’s Equity and Justice Commission proposed changes to the Rules Governing New Mexico Judicial Nominating. These proposed changes were discussed by the following entities:
- Appellate Nominating Commission,
- Bernalillo Metropolitan Court Nominating Commission,
- Second Judicial District Court Nominating Commission,
- Third Judicial District Court Nominating Commission,
- Eighth Judicial District Court Nominating Commission,
- Ninth Judicial District Court Nominating Commission,
- Eleventh Judicial District Court Nominating Commission,
- Twelfth Judicial District Court Nominating Commission, and
- Thirteenth Judicial District Court Nominating Commission
Each of these bodies subsequently voted unanimously to approve the proposed changes.
With a majority of entities voting to approve, the proposed changes are approved. No additional vote will occur at the First Judicial District Court Nominating Commission meeting on Thursday, February 22, 2024.


First Judicial District Judicial Nominating Commission - Announcement of Applicants

Four (4) applications have been received in the Judicial Selection Office as of 5 p.m. (MT) on Feb. 1 for the vacancy on the Second Judicial District Court due to the retirement of the Honorable Judge Sylvia LaMar, effective Jan. 31.

The First Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. (MT) on Thursday, Feb. 22 to interview applicants for the position at the First Judicial District Court, located at 225 Montezuma Ave, Santa Fe, NM 87501. 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 names of the applicants in alphabetical order:

Elizabeth Allen
Marcos D. Martinez
Jose Puentes
Denise Thomas

For more information, contact Beverly Akin at akin@law.unm.edu.


Second Judicial District Judicial Nominating Commission Announcement of Applicants

Four (4) applications have been received in the Judicial Selection Office as of 5 p.m. on Jan. 29 for the vacancy on the Second Judicial District Court due to the retirement of the Honorable Judge Benjamin Chavez, effective Jan. 20. 

The Second Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. on Feb. 12 to interview applicants at the New Mexico State Bar located at 5121 Masthead St NE, Albuquerque, NM 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. 

The names of the applicants in alphabetical order:  

Kevin J. Banville 

Rosemary Cosgrove-Aguilar 

Diana Garcia 

Andrea Gunderson 

For more information, contact Beverly Akin at akin@law.unm.edu.


Third Judicial District Judicial Nominating Commission Candidate Announcement

The Third Judicial District Court Judicial Nominating Commission convened on Friday, Jan. 12 at 11 a.m. at the Third Judicial District Court, located at 201 W. Picacho Ave., Las Cruces, NM 88005, and completed its evaluation of the four applicants to fill the vacancy on the Third Judicial District Court due to the resignation of the Honorable Judge Mark Standridge, effective noon on Dec. 15, 2023. 

The Commission recommends the following candidates to Governor Michelle Lujan Grisham:

The names of the applicants in alphabetical order: 

Rebecca Duffin  

Isabel Jerabek  

Jeanne Quintero

For more information, contact Beverly Akin at akin@law.unm.edu.


District Court Judge Benjamin Chavez To Retire After 19 Years On The Bench

After nearly two decades of dedicated judicial service, the Honorable Benjamin Chavez has announced his retirement from the bench, effective January 20, 2024. Appointed Metropolitan Court Judge in 2004, he served until December 2012. Following that, Judge Chavez was elected to the Second Judicial District Court and sworn in on January 1, 2013. He made a lasting impact on the legal community, demonstrating unwavering dedication to uphold the principles of justice.

Judge Chavez is a graduate of the University of New Mexico (UNM) and the UNM School of Law. His judicial career included work in the Metropolitan Court Criminal Division, and assignments to both the Criminal and the Civil Divisions of the District Court.  Before becoming a judge, he dedicated himself to public service as an Assistant District Attorney, an Assistant City Attorney, and had worked in private practice. He describes his 19 years on the Bench as “a tremendous privilege, solemn duty, and humbling responsibility.”  

When asked for his thoughts on retiring from the Judiciary, Judge Chavez said, “I will be forever grateful for having the privilege of the work itself, and most especially for having the opportunity to serve the people of New Mexico.”

The Civil Division will welcome the Honorable Marie Ward, who is transitioning from the Children's Court to assume responsibilities on the civil bench, filling the vacant seat.


"I deeply admire Judge Chavez's outstanding commitment to public service and dedication to the judiciary during his 19 years on the bench,” says Chief Judge Ward. “Judge Chavez leaves an extraordinary legacy of fairness, compassion, integrity and judicial excellence.”


Second Judicial District Court - Announcement of Vacancy

A vacancy on the Second Judicial District Court will exist January 21, 2024, due to the retirement of the Honorable Judge Benjamin Chavez, effective January 20, 2024. Inquiries regarding the details or assignment of this judicial vacancy should be directed to the Administrator of the Court. Applicants seeking information about 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 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 Monday, January 29, 2024, at 5 p.m (MT). Applications received after that time will not be considered. The Second Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. on Monday February 12, 2024, to interview applicants at the New Mexico State Bar located at 5121 Masthead St NE, Albuquerque, NM 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.


Second Judicial District Court - Notice of Reassignment of Cases

Pursuant to Rule 1-088.1 NMRA, the Second Judicial District Clerk of Court hereby serves notice that a mass reassignment of all cases assigned to the Honorable Benjamin Chavez, Division XIX, will be automatically reassigned to the Honorable Marie Ward, Division XIV, effective January 21, 2024. Individual notices will not be sent out. Any party may file a peremptory excusal within ten (10) days the completion of this publication which; the final publication will occur on Feb. 15, 2024.


U.S. District Court for the District of New Mexico - Notice to Federal Bench & Bar Association Members

The 2024 Bench & Bar Spending Plan has been approved in the amount of $47,200.00 for 8 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/.


New Mexico Supreme Court - Out-of-Cycle Rulemaking

In accordance with Rule 23-106.1 NMRA, the Supreme Court has adopted a new rule out-of-cycle. What follows is a summary of the new rule that the Court adopted on December 12, 2023. The new rule will take effect on December 31, 2023. 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 appear on NMOneSource.com by its effective date.

Summary of Out-of-Cycle Rulemaking


New Mexico Supreme Court - Out-of-Cycle Rule Amendments

In accordance with Rule 23-106.1 NMRA, the Supreme Court has approved a number of out-of-cycle rule amendments. What follows is a summary of amendments that the Court approved on Nov. 15, 2023. Unless noted in the history note at the end of each approved rule, the amendments will take effect on Dec. 31, 2023. The full text of the amendments in markup format and the related orders are available on the Court’s website here. Approved rule amendments will also appear on NMOneSource.com by their effective date.

Summary of Out-of-Cycle Rule Amendments


New Mexico Supreme Court - 2023 Year-End Rule Amendments

Under Rule 23-106.1 NMRA, the Supreme Court has approved a number of changes to the rules, forms, and uniform jury instructions for the 2023 rulemaking cycle. A summary of those changes that the Court approved on Nov. 1, 2023 can be viewed by clicking the button below. The summary also includes out-of-cycle amendments that the Court approved on Nov. 1, 2023. Unless otherwise noted below and in the history note at the end of each approved rule, form, or UJI, most amendments will take effect on Dec. 31, 2023. 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.

Summary of 2023 Year-End Rule Amendments


New Mexico Supreme Court - Remote Proceedings and Meeting Standards

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


U.S. District Court, District of New Mexico - Increase to Per Page Transcript Fee Rate

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

Transcript Types Original Rates Increased Rate Fiscal Year 2024 Increased Rate Fiscal Year 2025
Ordinary Transcript
(30-Day)
$3.65 $4.00 $4.40
14-Day Transcript $4.25 $4.70 $5.10
Expedited Transcript
(7-Day)
$4.85 $5.35 $5.85
3-Day Transcript $5.45 $6.00 $6.55
Daily Transcript $6.05 $6.70 $7.30
Hourly Transcript $7.25 $8.00 $8.70
Realtime Transcript One feed, $3.05 per page; two-to-four feeds, $2.10 per page; five or more feeds, $1.50 per page. One feed, $3.40; two-to-four feeds, $2.35; five or more feeds, $1.65. One feed, $3.70; two-to-four feeds, $2.55; five or more feeds, $1.80.

 

Copy Rates

Transcript Types First Copy Increased First Copy Fiscal Year 2024 Increased First Copy Fiscal Year 2025                   Addt'l Copy Increased Addt'l Copy Fiscal Year 2024 Increased Addt'l Copy Fiscal Year 2025
Ordinary Transcript $.90 $1.00 $1.10   $.60 $.70 $.75
14-Day Transcript $.90 $1.00 $1.10   $.60 $.70 $.75

Expedited Transcript
(7-Day)

$.90 $1.00 $1.10   $.60 $.70 $.75
3-Day Transcript $1.05 $1.20 $1.30   $.75 $.85 $.90
Daily Transcript $1.20 $1.35 $1.45   $.90 $1.00 $1.10
Hourly Transcript $1.20 $1.35 $1.45   $.90 $1.00 $1.10
Realtime Transcript n/a n/a n/a   n/a n/a n/a