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Court Notices

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 Children’s Court cases assigned to the Honorable Marie C. Ward and Division XIX in the Children’s Court, will be automatically reassigned to the Honorable Diana Garcia Division XIX, effective April 1, 2024.  Any party may file a peremptory excusal within ten (10) days upon completion of this publication which is on or before April 10, 2024.


New Mexico Supreme Court - Notice of Publication for Comment - Proposed Amendments to Supreme Court Rules of Practice and Procedure | March 13, 2024

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 Court’s website at http://supremecourt.nmcourts.gov/open-for-comment.aspx. 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 April 12, 2024, to be considered by the Court. Please note that submitted comments may be posted on the Supreme Court’s website for public viewing.

Children’s Court Rules Committee

Proposal 2024-002 – Permanency Review Hearings
[Rules 10-345 and 10-346 NMRA]

The Children’s Court Rules Committee recommends amendments to Rules 10-345 and 10-346 NMRA that require the Children, Youth, and Families Department to submit a court report five days before a judicial review hearing in child welfare cases. The proposed changes are intended to reflect and implement practices in numerous jurisdictions and mirror the court report requirement for permanency review hearings.

Proposal 2024-003 – Child’s First Appearance on a Delinquency Petition
[Form 10-711 NMRA]

The Committee recommends amendments to Form 10-711 NMRA that eliminate references to an arraignment and replace language that suggests a child in a delinquency proceeding is subject to criminal charges. The Committee also recommends amending the explanation of rights section to ensure consistency with Rule 10-224 NMRA.

Rules of Civil Procedure for State Courts Committee

Proposal 2024-004 – Water Settlement Agreements
[New Rule 1-071.3 NMRA; Recompiled Rules 1-071.4, 1-071.5, and 1-071.6 NMRA]

The Court requested that the Rules of Civil Procedure for State Courts Committee provide a recommendation on whether the Court should establish, by rule, an injury requirement for non-settling parties to make a legally cognizable objection to an Indian water rights settlement agreement. As a result, the Committee has proposed the adoption of new Rule 1-071.3 NMRA that sets forth a procedure for proposed water rights settlement agreements in statutory stream system adjudication suits, including the required contents of a notice of intent to participate. The Committee also recommends the recompilation of existing Rules 1-071.3, 1-071.4, and 1-071.5 NMRA.

Proposal 2024-005 – Garnishment
[Rules 1-065.1, 1-065.2, 2-801, 2-802, 3-801, and 3-802 NMRA; Forms 4-805 and 4-805A NMRA; New Forms 4-803A, 4-806A, 4-807A, 4-808B, 4-808C, 4-809A, 4-810B, and 4-812A NMRA]

The Committee recommends the amendment of various civil rules and forms, as well as the adoption of new civil forms to incorporate recent statutory changes related to garnishment and execution. The Committee also proposes amendments that clarify when an application for writ of garnishment or execution is considered timely.

Code of Judicial Conduct Committee

Proposal 2024-006 – Political Activity and Elections
[Rule 21-401 NMRA]

The Code of Judicial Conduct Committee proposes to amend Rule 24-101 NMRA to correct a typographical error in the title and to clarify what representations are prohibited in judicial political campaigns.

Code of Professional Conduct Committee

Proposal 2024-007 – Lawyer Succession Rule
[Rule 16-119 NMRA]

The Code of Professional Conduct Committee proposes amendments to Rule 16-119 NMRA that exempt justices, judges, and court hearing officers from the succession plan requirement for judicial duties. The Committee also proposes amendments to Rule 16-119 and its associated committee commentary that accommodate government departments and agencies and clarify the required contents of a succession plan, the potential role of a non-lawyer designee, and how confidentiality requirements apply to assisting lawyers.

Proposal 2024-008 – Surreptitious Recording of Clients, Third Parties
[Rule 16-804 NMRA]

The Committee recommends amending the committee commentary of Rule 16-804 NMRA to clarify that a one-party recording by a lawyer does not constitute misconduct unless the purpose of the recording is to engage in dishonesty, fraud, deceit, or misrepresentation.

Proposal 2024-009 – Providing Financial Assistance to Clients
[Rule 16-108 NMRA]

The Committee recommends amendments to Rule 16-108 NMRA and its associated committee commentary that would allow lawyers to provide indigent clients that they are representing pro bono with modest humanitarian aid. 

Rules of Criminal Procedure for State Courts Committee

Proposal 2024-010 – Incorporation of Plea Deadlines
[Rules 5-304, 6-302, and 7-302 NMRA]

The Rules of Criminal Procedure for State Courts Committee recommends rule amendments that impose deadlines for the submission of plea agreements that would eliminate the need for a trial. These amendments are intended to conform with Supreme Court Order No. 22-8500-018. In 2023, the Committee proposed incorporating these amendments into Rules 6-302 and 7-302 NMRA and their associated committee commentary for implementation at the magistrate and metropolitan courts. The Committee now proposes similar plea deadline amendments to Rule 5-304 NMRA and its associated committee commentary for implementation at the district courts.

Proposal 2024-011 – Filing of Criminal Complaint Upon Arrest
[Rules 5-210, 6-201, 7-201, and 8-201 NMRA]

The Committee proposes amendments to Rules 5-210, 6-210, 7-210, 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 complaint be filed with the court within seventy-two (72) hours if a defendant is not in custody.

Proposal 2024-012 – 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. As a result, the Committee recommends the adoption of new rules that govern the consolidation of criminal cases, including the effect of consolidation.

Proposal 2024-013 – Plea Deadlines, Suppression Hearings, and Extensions for Trial
[Rules 5-212, 5-601, 6-304, 6-506, 7-304, and 7-506 NMRA]

In conjunction with the amendments regarding plea deadlines contained in Proposal 2024-010, the Committee recommends 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 Committee also proposes 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.

Domestic Relations Rules Committee

Proposal 2024-014 – Kinship Guardianship Forms
[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; New Form 4A-503.1 NMRA]

The Domestic Relations Rules Committee recommends 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 Committee also proposes amendments that ensure a second parent is identified and notified from the inception of a kinship guardianship case.

Proposal 2024-015 – Parentage Forms
[New Forms 4A-404 and 4A-405 NMRA; Form 4A-401 NMRA; Withdrawn Form 4A-403 NMRA]

The Committee proposes the adoption of new Forms 4A-404 and 4A-505 NMRA, the amendment of Form 4A-401 NMRA, and the withdrawal of Form 4A-403 NMRA to streamline the filing of pleadings and orders in parentage cases. The proposed new forms and amendments also clarify procedures for child support and reflect statutory changes regarding child support.

Uniform Jury Instructions-Civil Committee

Proposal 2024-016 – Human Rights Act Intentional Discrimination
[UJI 13-2307C NMRA]

The UJI-Civil Committee recommends amending 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 2023). The proposed amendments also provide updated use notes and reflect recent case law as well as legislative changes to the HRA.

Uniform Jury Instructions-Criminal Committee

Proposal 2024-017 – Firearm Enhancement
[UJIs 14-6013 and 14-6014 NMRA]

The UJI-Criminal Committee proposes 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). 

Proposal 2024-018 – Multiple Defendants
[UJI 14-6003 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.

First Judicial District Court 

Proposal 2024-019 - Case Management Program in the First Judicial District Court
[New LR1-307 NMRA]

The First Judicial District Court proposes the adoption of a new local rule that sets forth a case management pilot program for criminal cases originating in the District. The proposed case management pilot program is intended to establish clear and uniform time limits for the disposition of criminal cases within the District.

Third Judicial District Court 

Proposal 2024-020 - Local Rules for the Third Judicial District Court
[LR3-102, LR3-105, LR3-106, LR3-112, LR3-203, and LR3-207 NMRA; New LR3-115,         LR3-116, LR3-210, and LR3-304 NMRA]

The Third Judicial District Court recommends amending six of its local rules and adopting two 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 policies, streamline and clarify court procedures for civil and criminal cases, and prepare for a paperless case management system.

Sixth Judicial District Court 

Proposal 2024-021 - Local Rules for the Sixth Judicial District Court 
[LR6-104, LR6-105, LR6-107, LR6-109, LR6-110, LR6-204, LR6-205, LR6-206, LR6-208, LR6-210, LR6-301, and LR6-302 NMRA; Withdrawn LR6-103, LR6-111, LR6-201, LR6-202, LR6-209, LR6-212, LR6-303, LR6-305, LR6-Form 701, LR6-Form 702, LR6-Form 703, LR6-Form 704, LR6-Form 705, and LR6-Form 706 NMRA] 

The Sixth Judicial District Court proposes comprehensive amendments to its local rule set including the withdrawal of various local rules and forms. The District recommends these amendments to ensure that the local rules are consistent with existing statutes and statewide rules and reflect current and best practices followed in the District. 

Eleventh Judicial District Court 

Proposal 2024-022 - Local Rules for the Eleventh Judicial District Court 
[LR11-101, LR11-102, LR11-110, LR11-111, LR11-113, LR11-116, LR11-118, LR11-119, and LR11-120 NMRA; Withdrawn LR11-108 and LR11-115 NMRA]

The Eleventh Judicial District Court is proposing the amendment and withdrawal of various local rules to ensure consistency with statewide rules, reflect current policies and procedures followed in the District, and allow initial case filings in either district court location and payment by credit or debit card. 

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


Eleventh 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. (MT) on March 7 for the vacancy in the Eleventh Judicial District Court, due to the retirement of the Honorable Judge Louis E. DePauli, Jr., effective April 1, in Gallup, New Mexico. 

The names of the applicants in alphabetical order:  

Conrad Baxstrom Friedly 

Mandana Shoushtari 

Ramsey Mumtaz Younis 

Five (5) applications have been received in the Judicial Selection Office as of 5 p.m. (MT) on March 7 for the vacancy in Eleventh Judicial District Court, due to the retirement of the Honorable Judge Karen L. Townsend, effective March 31, in Aztec, New Mexico. 

The names of the applicants in alphabetical order: 

John Tyson Beckstead 

Brenna Lynn Clani-Washinawatok 

Brian Douglas Decker 

Russel Frost 

Stephen Michael Wayne 

The Eleventh Judicial District Court Judicial Nominating Commission will convene at 9:30 a.m. (MT) on March 21 to interview applicants for both positions at the Eleventh Judicial District Court, located at the McKinley County-Gallup District Court, 207 W Hill Ave, Gallup, N.M. 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. 

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


Second Judicial District Court - Text Notification Service for Attorneys Now Available

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.


Tenth Judicial District Court - Judicial Nominating Commission - Candidate Announcement

The Tenth Judicial District Court Judicial Nominating Commission convened at 10:30 a.m. (MT) on Feb. 28 at the Tenth Judicial District Court located at 300 S. 3rd Street, Tucumcari, NM 88401, and completed its evaluation of the three applicants to fill the vacancy on the Tenth Judicial District Court due to the retirement of the Honorable Judge Albert J. Mitchell, Jr., effective Feb. 2. 

The Judicial Nominating Commission recommends the following applicants to Governor Michell Lujan Grisham: 

Nancy English 

Timothy L. Rose 

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


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.
.
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