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The First Judicial District Judicial Nominating Commission reconvened on Friday, April 24, 2026, at 9 a.m. (MT) at the First Judicial District Court, located at 225 Montezuma Avenue, Santa Fe, N.M. The purpose of the meeting was to interview and evaluate six applicants for the vacancy on the First Judicial District Court resulting from the creation of an additional judgeship by the New Mexico Legislature, which will exist as of July 1, 2026.
Following its deliberations, the Nominating Commission recommends the following applicants to Governor Michelle Lujan Grisham. The applicants’ names, in alphabetical order, are: Scott Thomas Fuqua Gwenivere Howard Shaw Kent Wahlquist
The New Mexico Supreme Court invites members of the legal community to view the livestream of the swearing-in of Justice Julie J. Vargas as the Chief Justice on April 8 at 2 p.m. (MT). View the livestream at: https://youtube.com/live/j0w1O6lj7sI?feature=share.
Pursuant to the New Mexico Functional Records Retention and Destruction Schedules- Legal and Judiciary, the Eighth Judicial District Court in Taos, New Mexico will destroy the following exhibits filed with the Court if not claimed by the allotted time: 1) Criminal, Juvenile, Youthful Offender, and Lower Court Appeal cases within the years 1989-2024, excluding cases on appeal or those in which the sentence has not been completed; 2) All case types with unmarked exhibits, and oversized poster boards/maps and diagrams; and 3) ‘Domestic Matters’ cases filed within the years 1979-1991 and 1997-2003 which the exhibits have been exposed to biohazards and are no longer safe to handle. Parties or their attorney are advised-exhibits may be retrieved until May 25, 2026; Exhibits not claimed by the deadline will be considered abandoned and will be destroyed by order of the Court. Plaintiff exhibits will be released to counsel of record for the plaintiff, and defense exhibits will be released to counsel of record for the defendant; exhibits will be released in their entirety. For more information or to claim exhibits, contact the Court at 8thexhibits-grp@nmcourts.gov.
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, 2026, to be considered by the Court. Please note that submitted comments may be posted on the Supreme Court’s website for public viewing.
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Appellate Rules Committee
Proposal 2026-001 - Notice of Appeal, Tolling, Record Proper, and Direct Criminal Appeals in the Supreme Court
[New Rules 12-208.1 and 12-211.1 NMRA; Rules 12-202, 12-208, 12-209, 12-211, 12-503, 12-505, 12-601, 12-602, and 12-603 NMRA]
The Appellate Rules Committee proposes various amendments to the Rules of Appellate Procedure regarding service of the notice of appeal, tolling, and the record proper. The Committee also recommends adopting two new rules governing direct criminal appeals in the Supreme Court and the automatic designation of all transcripts and exhibits in those cases.
Proposal 2026-002 - Public Regulation Commission (PRC) Appeals, Intervention in PRC Cases
[Rule 12-601 NMRA]
The Committee recommends amendments to Rule 12-601 NMRA, clarifying the procedure and briefing schedule for intervention; removing consolidated briefing requirements; and requiring parties to identify whether they are an intervenor-appellee or an intervenor-appellant.
Proposal 2026-003 - Expedited Petitions for Writ of Certiorari
[New Rule 12-502.1 NMRA]
The Appellate Rules Committee recommends adopting new Rule 12-502.1 NMRA, allowing for expedited writ proceedings in abuse and neglect proceedings; termination of parental rights proceedings; delinquency proceedings; and applications for interlocutory appeals filed in the Court of Appeals under Rule 12-203 NMRA.
Children’s Court Rules Committee
Proposal 2026-004 - Extensions of Time
[Rules 10-107, 10-241, 10-243, 10-243.1, and 10-343 NMRA]
The Children’s Court Rules Committee recommends amendments to Rule 10-107, 10-241, 10-243, 10-243.1, and 10-343 NMRA changing erroneous references from Rule 10-241 NMRA to Rule 10-243 NMRA to accurately reflect the requirements for enlarging time in adjudicatory hearings in abuse and neglect, delinquency, and youthful offender cases.
Proposal 2026-005 - Deadline to File Abuse and Neglect Petitions
[Rule 10-312 NMRA]
The Children’s Court Rules Committee recommends amendments to Rule 10-312 NMRA to conform with legislative amendments to NMSA 1978, Section 32A-4-7(D), (E). The amendments would extend the Children, Youth & Families Department’s time limit to file an abuse and neglect petition from two days to three days.
Rules of Civil Procedure for State Courts Committee
Proposal 2026-006- Commencement of Guardianship and Conservatorship Proceedings
[Rule 1-003.2 NMRA; Form 4-992 NMRA]
The Committee proposes amending Rule 1-003.2 NMRA and Form 4-992 NMRA to require that a petition for appointment of a guardian or conservator only name one alleged incapacitated person to be protected.
Proposal 2026-007 - Notice of Administration Form
[New Form 4B-502 NMRA]
The Committee recommends the adoption of proposed new Form 4B-502 NMRA for use in informal probate proceedings when a property included in an estate is located in a county that is different from the one where the estate is being administered.
Proposal 2026-008 - Expert Witness Protection from Compelled Disclosure
[Rule 1-026 NMRA]
The Committee proposes amendments to Rule 1-026 NMRA that protect expert witness draft reports, notes, and communications from compelled disclosure in discovery.
Proposal 2026-009 - Clarification of Deadlines
[Rules 2-202, 2-303, and 2-801 NMRA, and Forms 4-208, 4-303, 4-805A, and 4-806 NMRA]
The Committee recommends amending Rules 2-202, 2-303, and 2-801 NMRA, and Forms 4-208, 4-303, 4-805A, and 4-806 NMRA to ensure that the deadlines contained therein are consistent with Rule 2-104 NMRA.
Proposal 2026-010 - Summary Judgment Filings
[Rule 1-056 NMRA]
The Committee proposes amending Rule 1-056 NMRA to clarify the sanctions available for abuse or improper use of summary judgment filings and to align the sanctions with current contempt sanctions and analogous federal rules.
Proposal 2026-011 - Garnishment Exemptions
[Form 4-812; Withdrawn Form 4-811 NMRA]
The Committee recommends amending Form 4-812 NMRA and withdrawing Form 4-811 NMRA to require that the same writ of garnishment form be used in the district, magistrate, and metropolitan courts. In addition, the recommended amendments to Form 4-812 are intended to simplify the formula used to determine wages that are exempt from garnishment.
Code of Judicial Conduct Committee
Proposal 2026-012 - Judicial Retention and Non-Partisan Elections
[Rule 21-402 NMRA]
The Code of Judicial Conduct Committee recommends amendments to Rule 21-402 NMRA to remove gendered pronouns and to provide consistency across Rule 21-402(G)(1) and (2) that judicial election activities are non-partisan in nature. The Committee also added commentary to inform candidates that they may register to vote as a member of a political party.
Code of Professional Conduct Committee
Proposal 2026-013 - Pro Bono Financial Contribution
[Rule 24-108 NMRA]
The Code of Professional Conduct Committee recommends amendments to Rule 24-108 NMRA to include a sliding scale for suggested financial contributions in lieu of pro bono hours based on a percentage of an attorney’s income and the number of pro bono hours they have contributed each year.
Proposal 2026-014 - Surreptitious Recording
[Rule 16-804 NMRA]
The Code of Professional Conduct Committee recommends amendments to the committee commentary in Rule 16-804 NMRA to guide attorneys on whether and when a lawyer may participate in one-party recording. The committee commentary also clarifies an attorney’s duty to unrepresented individuals and clarifies what the one-party recording may be used for.
Rules of Criminal Procedure for State Courts Committee
Proposal 2026-015 - Oath of Witnesses
[Rules 6-601, 7-601, and 8-601 NMRA]
The Rules of Criminal Procedure for State Courts Committee recommends amending Rules 6-601, 7-601, and 8-601 NMRA to ensure that the oath administered to witnesses is consistent with the oath provided in Rule 5-613 NMRA.
Proposal 2026-016 - Redaction of Personal Identifying Information
[Rules 6-504.1, 7-504.1, and 8-504.1 NMRA]
The Committee proposes amending Rules 6-504.1, 7-504.1, and 8-504.1 NMRA. The proposed amendments provide that if a prosecuting officer elects to redact personal identifying information from discovery materials, they must also provide a copy of unredacted discovery to opposing counsel.
Proposal 2026-017 - Search Warrants Issued by Inferior Courts
[Rules 5-211, 6-208, and 7-208 NMRA, and Form 9-213 NMRA]
The Committee recommends amendments to Rules 5-211, 6-208, and 7-208 NMRA and Form 9-213 NMRA in response to State v. Chavez, 2025-NMSC-036, 578 P.3d 1151. The proposed amendments require that an affiant for a search warrant (1) disclose whether the warrant is sought for a criminal prosecution that has commenced, and (2) file a notice pleading in the court in which the prosecution is pending.
Proposal 2026-018 - Warrant Forms
[Rules 5-208, 6-204, and 7-204 NMRA, and Forms 9-210, 9-212, 9-212A, and 9-212B NMRA; Withdrawn Forms 9-210A and 9-212C NMRA]
The Committee recommends amending various criminal warrant forms to include extradition and bond information and additional identifying information for the defendant to assist with entering warrants into the National Crime Information Center (NCIC). The Committee also recommends withdrawing Forms 9-210A and 9-212C NMRA to standardize warrant forms across all courts. Finally, the Committee recommends amending Rules 5-208, 6-204, and 7-204 NMRA to clarify that bond may only be set in certain penalty misdemeanor cases.
Domestic Relations Rules Committee
Proposal 2026-019 - Order Appointing Kinship Guardians
[Form 4A-511 NMRA]
The Domestic Relations Rule Committee recommends amendments to Form 4A-511 NMRA to align the form with statutory requirements set forth in NMSA 1978, Section 40-10B-8. The amendments include itemized findings that correspond directly with the trial court’s required statutory findings.
Proposal 2026-020 - Temporary Domestic Orders
[Forms 4A-201 and 4A-206 NMRA]
The Domestic Relations Rule Committee recommends amendments to Forms 4A-201 and 4A-206 NMRA to add language to alert parties of the obligation to comply with required financial disclosures in Rule 1-123 NMRA. The amendments also clarify when and how a minor child may be removed from the State while a Temporary Domestic Order is in effect.
Rules of Evidence Committee
Proposal 2026-021 - U/T-Visa Application Privilege
[New Rule 11-515 NMRA]
In response to Ramirez v. Marsh, 2025-NMSC-050, 580 P.3d 768, the Rules of Evidence Committee proposes adopting new Rule 11-515 NMRA. The proposed new rule would create a new evidentiary privilege related to U/T-Visa applications.
Proposal 2026-022 - Medical Billing
[Rule 11-901 NMRA]
The Committee recommends amending Rule 11-901 NMRA to establish a rebuttable presumption that medical billing offered as evidence in a civil trial reflects “reasonable and customary” amounts charged and that the health care goods and services received were medically necessary.
Proposal 2026-023 - Exclusion of Immigration Status
[New Rule 11-415 NMRA]
The Committee recommends the adoption of proposed new Rule 11-415 NMRA, which would place limitations on the admissibility of a party’s or witness’s immigration status at trial.
Uniform Jury Instructions-Civil Committee
Proposal 2026-024 - Whistleblower Protection
[UJI 13-2322 NMRA]
The Uniform Jury Instructions-Civil Committee recommends amending UJI 13-2322 NMRA to implement the Supreme Court’s holding in Lerma v. State, 2025-NMSC-033, 578 P.3d 1111, regarding the public benefit requirement in whistleblower protection cases.
Proposal 2026-025 - Successive Tortfeasor
[New UJIs 13-2222A, 13-2222B, 13-2222C, and 13-2222D NMRA; UJIs 13-1802B, 13-1802C, 13-1802D, and 13-1802E NMRA; Withdrawn UJI 13-2222 NMRA]
The Committee proposes revisions to various jury instructions related to successive tortfeasor liability. The Committee also proposes adopting associated new sample verdict forms, which are intended to replace the existing sample verdict form, UJI 13-2222 NMRA.
Uniform Jury Instructions-Criminal Committee
Proposal 2026-026 - Receipt, Transportation, or Possession of a Firearm or Destructive Device
[New UJI 14-701A NMRA; UJI 14-701 NMRA]
The Uniform Jury Instructions-Criminal Committee recommends the amendment of UJI 14-701 NMRA and the adoption of proposed new UJI 14-701A NMRA. The proposed amendments and new instruction are intended to reflect changes to NMSA 1978, Section 30-7-16 (2022), add a mens rea requirement, and add a definition for “felon.”
Proposal 2026-027 - Alibi
[UJI 14-5150 NMRA]
The Committee recommends amending UJI 14-5150 NMRA to allow the alibi instruction to be given under certain circumstances and clarify the burden of proof in cases where an alibi defense is asserted.
Proposal 2026-028 - Child Solicitation and Criminal Sexual Communication with a Child
[New UJIs 14-973, 14-974, and 14-975 NMRA]
The Committee proposes adopting new jury instructions that address the crimes of child solicitation by electronic communication device, NMSA 1978, § 30-37-3.2 (2007), and criminal sexual communication with a child, NMSA 1978, § 30-37-3.3 (2007).
Proposal 2026-029 - Self-Defense
[UJI 14-5191 NMRA]
The Committee recommends amending UJI 14-5191 NMRA to clarify the sequence of events when determining whether the defendant was the first aggressor when self-defense is at issue.
Board of Bar Examiners
Proposal 2026-030 - Non-JD Licensure
[Rule 15-202 NMRA]
The Board of Bar Examiners recommends amendments to Rule 15-202 NMRA to allow Master of Laws degree holders from American Bar Association (ABA) accredited law schools to practice under limited license Rules 15-304 and 15-305 NMRA, if the applicant was admitted to practice law in another state for at least two of the last four preceding years.
Proposal 2026-031 - NextGen Bar Exam
[Rules 15-102, 15-204, 15-302, 15-502, 15-503, 15-504, and 15-506 NMRA]
The Board of Bar Examiners recommends amendments to Rules 15-102, 15-204, 15-302, 15-502, 15-503, 15-504, and 15-506 NMRA to allow for administration of the NextGen Bar Exam, and for portability of scores from other jurisdictions who plan to administer the NextGen Bar Exam. In addition, the proposed amendments to Rule 15-502 remove pass score standards from the Rules Governing Admission to the Bar, and instead allow the Supreme Court to set the pass score via administrative order.
Proposal 2026-032 - Reinstatement License Methods
[Rule 15-309 NMRA]
The Board of Bar Examiners recommends amendments to Rule 15-309 NMRA to require attorneys who were suspended from the practice of law for failure to comply with continuing legal education requirements or failure to pay their dues, and who have failed to pursue reinstatement for more than two years, to go through the normal reinstatement process.
Proposal 2026-033- Limited License Conversion
[Rules 15-304, 15-305, 15-306, and 15-310 NMRA]
The Board of Bar Examiners recommends amendments to Rules 15-304, 15-305, 15-306, and 15-310 NMRA to allow limited license holders to request removal of the limitation on their license after five years subject to the Board’s confirmation of good standing.
State Bar of New Mexico
Proposal 2026-034 - Appointments to the Board of Bar Examiners
[Rule 15-601 NMRA]
The State Bar of New Mexico recommends amending Rule 15-601 NMRA to allow the President of the State Bar to make an appointment to the Board of Bar Examiners.
Multiple Committees
Proposal 2026-035 - Bias, Harassment, and Discrimination
[Rules 16-804 and 21-203 NMRA]
The Code of Judicial Conduct Committee and the Code of Professional Conduct Committee recommend amendments to Rules 16-804 and 21-203 NMRA to add color, ancestry, physical or mental disability, gender, pregnancy, and childbirth or condition related to pregnancy or childbirth to the list of protected classes in both rules. The amendments would also make the protected class list consistent with the New Mexico Human Rights Act, NMSA 1978, Section 28-1-7 (2024).
Proposal 2026-036 - Official Court Record and For the Record (FTR)
[Rules 5-111, 5-117, 5-506, 22-101, 22-201, 22-206, 22-301, 22-302, and 22-303 NMRA; Withdrawn Rule 1-092 NMRA]
The Rules of Civil Procedure for State Courts and the Rules of Criminal Procedure for State Courts Committees recommend amending the Rules of Civil Procedure for the District Courts, the Rules of Criminal Procedure for the District Courts, and the Rules Governing the Recording of Judicial Proceedings to require that the audio recording captured by FTR serve as the official court record in all types of proceedings, unless the court authorizes a certified court reporter to stenographically report the record.
Supreme Court Clerk’s Office
Proposal 2026-037 - Length of Jury Service
[New Rule 23-118 NMRA]
The Supreme Court Clerk’s Office recommends the adoption of new Rule 23-118 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 2026-038 - Criminal Competency Rules
[Rules 5-602.1, 5-602.2, 5-602.3, 6-507.1, 7-506, 7-507.1, and 8-507.1 NMRA, and Form 9-514 NMRA]
The Clerk’s Office recommends formal approval of various provisional rule amendments related to criminal competency that the Supreme Court approved in 2025.
Proposal 2026-039 - Water Court Structure
[New Rule 1-077.2 NMRA]
The Clerk’s Office recommends that the Supreme Court formally adopt new Rule 1-077.2 NMRA, which was provisionally adopted by the Supreme Court in 2025.
Proposal 2026-040 - Summary Disbarment
[Rule 17-207 NMRA]
The Clerk’s Office proposes amending Rule 17-207 NMRA to provide for summary disbarment from the practice of law if an attorney has been convicted of or has pleaded guilty to a felony or other serious crime.
Proposal 2026-041 - Certificates of Good Standing
[New Rule 24-113 NMRA]
The Clerk’s Office proposes adopting new Rule 24-113 NMRA to govern attorney requests for certificates of good standing from the Supreme Court.
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/
Effective Monday, April 6, 2026, a mass reassignment of all active cases previously assigned to Judge Shannon Broderick Bulman and Division III will occur pursuant to NMSC Rule 23-109, the Chief Judge Rule. The Honorable Todd A. Coberly has been appointed to Division III of the First Judicial District and will maintain a Family Court Docket. Parties who have not previously exercised their right to challenge or excuse will have ten (10) days from March 25, 2026 to challenge or excuse Judge Todd A. Coberly pursuant to Rule 1-088.1.
In accordance with Rules 23-106.1 and 23-106.2 NMRA, the Supreme Court has approved out-of-cycle rule amendments. What follows is a summary of amendments that the Court approved on January 27, 2026. Unless otherwise noted in the history note at the end of each approved rule or form, the amendments will take effect on March 13, 2026. 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.
Local Rules for the Third Judicial District Court - New LR3-115, LR3-116, and LR3-117 NMRA; Amended LR3-105, LR3-106, LR3-112, LR3-203, and LR3-207 NMRA; Withdrawn LR3-102 NMRA
The Supreme Court approved the Third Judicial District Court’s recommendation to adopt and amend various local rules in the District. The new and amended local rules are intended to clarify the District’s security and recording policies; streamline and clarify procedures on filing, evidentiary hearings, and court interpreters in civil and criminal proceedings; and prepare for a paperless case management system. The Court also approved the District’s recommendation to withdraw LR3-102 NMRA to ensure consistency with statewide rules governing contempt.
Committee Meetings and Voting by Email - Amended Rule 23-106 NMRA
The Supreme Court approved amendments to Rule 23-106 NMRA that require rules committee chairs to set and conduct no fewer than six meetings per year, and to require chairs to notify the Supreme Court Clerk’s Office when cancelling two or more consecutive meetings. The amendments also allow committee members to vote by email, if requested by the chair and approved by all members.
Qualifications for Judicial Nominees - New Rule 23-117 NMRA
The Supreme Court approved the adoption of new Rule 23-117 NMRA, which clarifies that members of the bar admitted under any licensure method in Rule Set 15, including limited license holders, are considered to be in the actual practice of law or a “licensed member of the bar” for purposes of judicial nomination.
Misdemeanor Crime of Domestic Violence (MCDV) Reporting Form - Amended Form 9-515A NMRA
The Supreme Court approved amendments to Form 9-515A NMRA that adds a section identifying the victim, allows the judge to determine at the sentencing hearing whether a qualifying relationship between the defendant and the victim existed, and includes a section that notifies the defendant whether the Administrative Office of the Courts (AOC) will report them to the National Instant Criminal Background Check System (NICS).
THE RULE AMENDMENTS SUMMARIZED ABOVE CAN BE VIEWED IN THEIR ENTIRETY AT THE NEW MEXICO SUPREME COURT WEBSITE
https://supremecourt.nmcourts.gov/rules-forms-files/approved-amendments-to-rules-and-forms/2026-approved-amendments-to-rules-and-forms/