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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).
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/
The Second Judicial District Family Court Judicial Nominating Commission will reconvene on Monday, October 21, 2024 at 1:30 p.m. (MT) at the School of Law located at 1117 Stanford NE, Albuquerque, N.M., room 3402.
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.
One (1) application has been received in the Judicial Selection Office as of 5 p.m. (MT) on Friday, October 11, 2024, for the vacancy on the Second Judicial District Family Court due to the retirement of the Honorable Judge Gerard J. Lavelle, effective September 1, 2024.
The Second Judicial District Family Court Judicial Nominating Commission will reconvene at 1:30 p.m. (MT) on Monday, October 21, 2024 to interview the applicant at the NM Court of Appeals, Albuquerque Satellite Office located at 2211 Tucker Ave 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 applicants will have an opportunity to be heard.
The names of the applicants in alphabetical order:
Twila A. Hoon (Witz)
The Second Judicial District Family Court Judicial Nominating Commission met Sept. 17 and submitted two names to Gov. Michelle Lujan Grisham for consideration to fill the vacancy in the Second Judicial District Family Court due to the retirement of the Hon. Gerard J. Lavelle, effective Sept. 1.
Pursuant to her authority to do so, Gov. Lujan Grisham has requested that the commission submit additional names to her for consideration. Accordingly, Dean Camille Carey of the UNM School of Law, designated by the New Mexico Constitution to Chair the Second Judicial District Family Court Judicial Nominating Commission, is soliciting additional applications for this position from lawyers who meet the constitutional qualifications.
Applications, as well as information related to qualifications for the position, may be obtained from the Judicial Selection website. The deadline for applications has been set for Oct. 11 at 5 p.m. (MT). Applications received after that date will not be considered.
Applications received by the initial deadline of Aug. 29 for the position remain viable and open for consideration by the commission. Applicants who appeared before the commission on Sept. 17 including the two applicants whose names were submitted to Gov. Lujan Grisham, do not need to reapply or reappear before the commission.
Applicants seeking information regarding election or retention if appointed should contact the Bureau of Elections in the Office of the Secretary of State.
The date and time of the reconvening of the Second Judicial District Family Court Judicial Nominating Commission will be Oct. 21, beginning at 1:30 p.m. (MT), at the NM Court of Appeals, located at 2211 Tucker Ave NE, Albuquerque, NM 87106. 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.
For more information, email akin@law.unm.edu
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.
Service on Court Committee
Chief Judge William P. Johnson 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 Criminal Justice Act (CJA) Panel Committee. The Committee consists of Federal Bar members who are knowledgeable in federal criminal defense practice. This Committee recommends CJA Panel attorneys to the Court.
All interested Federal Bar members in good standing should submit a Letter of Interest no later than Oct. 16 to the Clerk of Court, U. S. District Court, 333 Lomas Blv. NW, Suite 270, Albuquerque, NM 87102; or by email to clerkofcourt@nmd.uscourts.gov to be considered for appointment to the Committee.
Chief Judge William P. Johnson 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 Committee on the Local Civil Rules. This Committee is charged with reviewing local rules, proposing amendments to the local rules, and soliciting public comment on proposed rule amendments. (Please see Administrative Order 20-MC-04-18 for more information regarding the Committee on Local Civil Rules.)
All interested Federal Bar members in good standing should submit a Letter of Interest no later than Oct. 16 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 Committee.
Chief Judge William P. Johnson 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 Committee on the Local Criminal Rules. This Committee is charged with reviewing local rules, proposing amendments to the local rules, and soliciting public comment on proposed rule amendments. (Please see Administrative Order 20-MC-04-11 for more information regarding the Committee on Local Criminal Rules.)
Service on Court Panel
Chief Judge William P. Johnson 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 Oct. 16 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.
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/
A vacancy on the Second Judicial District Court will exist as of Sept. 1 due to the retirement of the Hon. Gerard J. Lavelle. This judicial vacancy will be for Family Court. 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 Aug. 29 at 5 p.m. (MT). Applications received after that time will not be considered.
The Second Judicial District Court Nominating Commission will meet beginning at 9:30 a.m. (MT) on Sept. 17 to interview applicants for the position at the State Bar Center, 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 Court will be closed on Sept. 20 for training. The Court will reopen on Sept. 23.
In October 2024, the National Conference of Bar Examiners will conduct a nationwide prototype exam for the NextGen bar exam, which is currently under development. The prototype exam is a full-length, nine-hour pre-test over two days of the new bar exam question types and format that will debut in July 2026. The New Mexico prototype exam will be held Oct. 25-26 in Albuquerque.
July 2024 bar examinees will be invited to apply to serve as paid participants in the October prototype exam and, if selected, will be paid $1,500 for their participation. Participants are required to make a good-faith effort on this exam but are not expected to study for it.
For more information regarding the prototype exam, visit nextgenbarexam.ncbex.org/nextgen-prototype-exam-october-2024. For further information regarding the NextGen bar exam, visit https://www.ncbex.org/exams/nextgen.
The application period will open on Aug. 19 and will close on Aug. 29. Potential examinees must maintain a current email in their NCBE account (https://accounts.ncbex.org) and with their jurisdiction's bar examiners.
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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 Eleventh Judicial District Court Judicial Nominating Commission reconvened at 10 a.m. (MT) on Monday, April 22, 2024 at the Eleventh Judicial District Court, located at the McKinley County Gallup District Court, 207 W Hill Ave, Gallup, N.M. to interview one additional applicant for the position in the Eleventh Judicial District Court Gallup, due to retirement of the Honorable Judge Louis E. DePauli, Jr. effective April 1, 2024.
The Commission recommends the following additional candidate to Governor Michelle Lujan Grisham:
Brad Keeler
The Eleventh Judicial District Court Judicial Nominating Commission reconvened at 10 a.m. (MT) on Monday, April 22, 2024 at the Eleventh Judicial District Court, located at the McKinley County Gallup District Court, 207 W Hill Ave, Gallup, N.M. to interview one additional applicant for the position in the Eleventh Judicial District Court Aztec, due to the retirement of the Honorable Judge Karen L. Townsend, effective March 31, 2024.
Article VI, Section 35 of the New Mexico Constitution provides that the Commission shall submit additional na mes to the Governor “if a majority of the commission finds that additional persons would be qualified and recommends those persons for appointment to the judicial office.” The majority of the Commission did not recommend any additional applicants for appointment to fill the vacancy due to the retirement of the Honorable Judge Karen L.Townsend, effective March 31, 2024.
New Mexico Courts launched a new website to provide the public with an improved user experience and a fresh, new look. The website is nmcourts.gov.
“We really focused on understanding the needs of the public,” said Cassandra Hayne, Administrative Office of the Courts (AOC) Chief Technology Officer. “The new website is more intuitive and makes finding information easier. People often go to our website for specific reasons, and now they should find what they need faster.”
Included on the main homepage are navigation tiles –blocks with images and links – that readily offer options most people are looking for, such as information about serving on a jury, self-representation, or paying fines. The tiles and the top menu bar have a standard look and feel with court-specific information. For example, all court webpages have a tile linking people to a schedule of court dockets. The Bernalillo County Metropolitan Court webpage includes access to virtual hearings, while the Eleventh Judicial District also includes a tile with information about Justice Stations in the Farmington, Gallup and Aztec area that allow people to appear remotely in a court hearing.
New features on the website include:
“One of the best improvements to the website is a more mobile-friendly interface,” said AOC Director Artie Pepin. “Most people are using smartphones to come to our website so it’s important to have a product that delivers a better viewing experience on their phone.”
The website, designed by Astriata, also has a new color palette and pictures of courthouses and New Mexico landscapes throughout. A website banner photo contest was held judiciary-wide last summer to find the captivating photo for the main homepage. Out of 81 entries, the Supreme Court voted on the top five and Monica Rodriguez from the Second Judicial District Court had the winning photo of Abiquiu Lake.
“This photo was taken in July of 2022 when the world was collectively rebounding from the pandemic,” said grand prize winner Monica Rodriguez. “It amazed me that nature did not seem to notice the human impact of a tiny virus on humanity. The sunshine and the reflections of the sky on water are eternal.”
Please visit nmcourts.gov to find schedules of hearings in courts across the state, to request an interpreter, and access self-representation resources.
View the full press release here.
The Supreme Court issued Order No. S-1-AO-2024-00016, which allows parties and attorneys to identify their personal pronouns and designated salutations in court pleadings. The order also requires courts to use the party's or attorney's name, personal pronouns, or designated salutation when
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.
Effective April 1, a mass reassignment of all active cases previously assigned to Judge Sylvia LaMar and Division IV will occur pursuant to NMSC Rule 23-109, the Chief Judge Rule. The Honorable Denise Thomas has been appointed to Division IV 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 April 24 to challenge or excuse Judge Denise Thomas pursuant to Rule 1-088.1.
The Eleventh Judicial District Judicial Nominating Commission met on March 21, 2024 and submitted one name to Gov. Michelle Lujan Grisham for consideration to fill the vacancy in the Eleventh Judicial District Court - Gallup due to the retirement of the Honorable Judge Louis E. DePauli, Jr., effective April 1.
Pursuant to her authority to do so, Gov. Lujan Grisham has requested that the commission submit additional names to her for consideration. Accordingly, Dean Camille Carey of the UNM School of Law, designated by the New Mexico Constitution to Chair the Eleventh Judicial District Nominating Commission, is soliciting additional applications for this position from lawyers who meet the constitutional qualifications.
Applications, as well as information related to qualifications for the position, may be obtained from the Judicial Selection website. The deadline for applications has been set for April 9 at 5 p.m. (MT) Applications received after that date will not be considered.
Applications received by the initial deadline of March 7 remain viable and open for consideration by the commission. Applicants who appeared before the commission on March 21, including the one applicant whose name was submitted to Gov. Lujan Grisham, do not need to reapply or reappear before the commission.
The date and time of the reconvening of the Eleventh Judicial District Judicial Nominating Commission – Gallup will be April 22 beginning at 10 a.m. (MT), at the McKinley County-Gallup District Court, located 207 W Hill Ave, Gallup, NM, any additional interviews will be conducted then. 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 speak at that time.
The Eleventh Judicial District Court Judicial Nominating Commission convened at 10 a.m. (MT) on March 21 at the at the Eleventh Judicial District Court, located at the McKinley County-Gallup District Court, 207 W Hill Ave, Gallup, NM to interview applicants for the two position in the Eleventh Judicial District Court, due to the retirement of the Hon. Louis E. DePauli, Jr., effective April 1, in Gallup, New Mexico and the retirement of the Hon. Karen L. Townsend, effective March 31, in Aztec, New Mexico. One vacancy is at the McKinley County-Gallup District Court in Gallup, New Mexico. The other vacancy is at the San Juan County-Aztec/Farmington District Court in Aztec, New Mexico.
The Commission recommends the following candidates to Governor Michelle Lujan Grisham:
Gallup, NM Vacancy
Ramsey Mumtaz Younis
Aztec, NM Vacancy
Brian Douglas Decker
Stephen Michael Wayne
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.
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.
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)