1/1 - State Bar

Transcription

1/1 - State Bar

January 1, 2014 • Volume 53, No. 1
Inside This Issue
Table of Contents......................................................3
Prosecutorial Excellence............................................5
Thank You, Wills for Heroes Volunteers ..............6
U.S. District Court, District of New Mexico:
Judicial Appointment .........................................7
Reappointment of Incumbent Judge................7
Board of Bar Commissioners:
Meeting Summary...............................................8
Clerk’s Certificates................................................. 15
From the New Mexico Court of Appeals
2013-NMCA-104, No. 31,178:
Puri v. Khalsa .................................................... 19
Flower Shadow by Anne Boysen (see page 3)
Jack Arnold Fine Art, Rio Rancho
Member Benefits Resource
Guide
Bench & Bar
Directory
Bar Bulletin
New Mexico Lawyer
Fee Arbitration
Program
Digital Print Center
Attorney Resource
Helpline
ENews
Ethics Assistance
Bridge the Gap
Mentorship Program
Lawyers and Judges
Assistance Program
State Bar Center
Meeting Space
Center for
Legal Education
Visit www.nmbar.org for the most current member benefits and resources.
2 Bar Bulletin - January 1, 2014 - Volume 53, No. 1
Table of Contents
Notices .................................................................................................................................................................4
Prosecutorial Excellence....................................................................................................................................5
Thank You, Wills for Heroes Volunteers......................................................................................................6
Legal Education Calendar........................................................................................................................... 10
Writs of Certiorari .......................................................................................................................................... 12
List of Court of Appeals’ Opinions............................................................................................................ 14
Officers, Board of Bar Commissioners
Erika Anderson, President
Martha Chicoski, President-Elect
J. Brent Moore, Vice President
Scotty A. Holloman, Secretary-Treasurer
Andrew J. Cloutier, Immediate Past President
Board of Editors
Jennifer C. Esquibel, Chair
Ian Bezpalko
Kristin J. Dalton
Jocelyn C. Drennan
Marcella Garvey
George C. Kraehe
Maureen S. Moore
Tiffany L. Sanchez
Mark Standridge
Joseph Patrick Turk
State Bar Staff
Executive Director Joe Conte
Managing Editor D.D. Wolohan
505-797-6039 • [email protected]
Communications Coordinator Evann Kleinschmidt
Graphic Designer Julie Schwartz
[email protected]
Account Executive Marcia C. Ulibarri
Digital Print Center
Manager Brian Sanchez
Assistant Michael Rizzo
©2014, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without
the publisher’s written permission. The Bar Bulletin has
the authority to edit letters and materials submitted for
publication. Publishing and editorial decisions are based
on the quality of writing, the timeliness of the article,
and the potential interest to readers. Appearance of
an article, editorial, feature, column, advertisement or
photograph in the Bar Bulletin does not constitute an
endorsement by the Bar Bulletin or the State Bar of New
Mexico. The views expressed are those of the authors,
who are solely responsible for the accuracy of their
citations and quotations. State Bar members receive the
Bar Bulletin as part of their annual dues. The Bar Bulletin
is available at the subscription rate of $125 per year and
is available online at www.nmbar.org.
The Bar Bulletin (ISSN 1062-6611) is published weekly
by the State Bar of New Mexico, 5121 Masthead NE,
Albuquerque, NM 87109-4367. Periodicals postage paid at
Albuquerque, NM. Postmaster: Send address changes to Bar
Bulletin, PO Box 92860, Albuquerque, NM 87199-2860.
505-797-6000 • 800-876-6227 • Fax: 505-828-3765
E-mail: [email protected]. • www.nmbar.org
January 1, 2014, Vol. 53, No. 1
Clerk’s Certificates.......................................................................................................................................... 15
Recent Rule-Making Activity...................................................................................................................... 16
Opinions
2013-NMCA-104, No. 31,178: Puri v. Khalsa................................................................................ 19
Advertising....................................................................................................................................................... 23
Meetings
State Bar Workshops
January
January
8
Employment and Labor Law Section BOD
Noon, State Bar Center
8
Divorce Options Workshop
6–8 p.m., State Bar Center
9
Elder Law Section BOD
21
Lawyer Referral for the Elderly Workshop
9:30–10:45 a.m., Presentation
12:30–3 p.m., Clinics
Mary Esther Gonzales Senior Center,
Santa Fe
9
Public Law Section BOD
Noon, Montgomery and Andrews, Santa Fe
10
Prosecutors Section BOD
22
Consumer Debt/Bankruptcy Workshop
6 p.m., State Bar Center
11
Young Lawyers Division BOD
10 a.m., State Bar Center
February
17
Family Law Section BOD
9 a.m., via teleconference
5
Divorce Options Workshop
6–8 p.m., State Bar Center
5
Foreclosure Legal Fair
10 a.m.–1 p.m.
Second Judicial District Court
26
Consumer Debt/Bankruptcy Workshop
6 p.m., State Bar Center
Cover Artist: Anne Boysen’s love of nature is evident in her art, which comprises oil and acrylic on canvas works.
Boysen creates landscapes, florals and abstracts based on her strong feelings for natural beauty.
Bar Bulletin - January 1, 2014 - Volume 53, No. 1 3
Notices
Court News
N.M. Supreme Court
Pro Hac Vice Practice in
New Mexico Courts
Rules 24-106, 16-505, 1-089,
2-107, and 5-108 NMRA
Effective Dec. 31, 2013, the Supreme
Court has approved amendments to the
pro hac vice rule that (1) expand the application of the pro hac vice rule to transactional matters; (2) limit the number of
times a person may register to appear pro
hac vice to five times in any calendar year;
(3) revise the information that must be included in pro hac vice registration certificate; (4) explain the procedure that must
be followed by a pro hac vice applicant
who has been disciplined in another jurisdiction; and (5) raise the fees that must
be paid with each registration certificate.
New Mexico Commission on
Access to Justice
Commission goals include expanding
resources for civil legal assistance to New
Mexicans living in poverty, increasing
Professionalism Tip
With respect to opposing parties and their counsel:
I will not make improper statements of fact or of law.
public awareness through communication
and message development, encouraging
more pro bono work by attorneys, and
improving training and technology. The
next meeting of the Commission is Friday,
Jan. 3, at the State Bar Center, from noon
until approximately 4 p.m. Interested parties from the private bar and the public are
welcome to attend. Further information
about the Commission is available on the
State Bar’s website, www.nmbar.org.
Second Judicial District Court
Announcement of Vacancy
A vacancy will exist in the Second
Judicial District Court in Albuquerque
upon the retirement of The Hon. Reed S.
Shepphard, effective Feb. 1. The vacancy
will be in the Children’s Court division.
Further inquiries regarding the details
or assignment of this judicial vacancy
should be directed to the Chief Judge or
the Administrator of the court. The Dean
of the UNM School of Law, designated by
the New Mexico Constitution to Chair
the Nominating Committee, solicits applications for this position from lawyers
who meet the statutory qualifications in
Article VI, Section 14 of the New Mexico
Constitution. Applications, as well as
information related to qualifications
for the position, may be obtained from
the Judicial Selection website: http://
lawschool.unm.edu/judsel/application.
php, or emailed to you by calling Raylene
Weis at 505-277-4700. The deadline for
applications has been set for Jan. 23, at
5 p.m. Applications received after that
date will not be considered. Applicants
seeking information regarding election
or retention if appointed should contact
Notices continued on page 7
Judicial Records Retention and Disposition Schedules
Pursuant to the Judicial Records Retention and Disposition Schedules, exhibits (see specifics for each court below) filed with the courts for the years
and courts shown below, including but not limited to cases that have been consolidated, are to be destroyed. Cases on appeal are excluded. Counsel for
parties are advised that exhibits (see specifics for each court below) can be retrieved by the dates shown below. Attorneys who have cases with exhibits
may verify exhibit information with the Special Services Division at the numbers shown below. Plaintiff(s) exhibits will be released to counsel of record
for the plaintiff(s), and defendant(s) exhibits will be released to counsel of record for defendant(s) by Order of the Court. All exhibits will be released
in their entirety. Exhibits not claimed by the allotted time will be considered abandoned and will be destroyed by Order of the Court.
Court
Exhibits/Tapes
For Years
May Be
Retrieved Through
5th Judicial District Court
Domestic Relations
1994–2007 Jan. 6, 2014
Eddy County
DM-1994-35 through DM-2007-68
575-885-4740
Criminal Cases
Feb. 9, 2014
CR-1979-28, CR-1989-85, CR-1989-178,
CR-1990-190, CR-1991-57, CR-1991-119,
CR-1991-157, CR-1991-173, CR-1991-199,
CR-1992-201, CR-1992-267, CR-1993-19,
CR-1993-131, CR-1993-208, CR-1993-253,
CR-1993-271, CR-1994-13, CR-1994-239,
CR-1996-244, CR-1997-161, CR-1999-232,
CR-1999-234, CR-1999-273, CR-2000-10,
CR-2000-122, CR-2000-293, CR-2002-64,
CR-2003-177, CR-2004-235, CR-2004-336,
CR-2004-401, CR-2005-57, CR-2005-73,
CR-2005-122, CR-2005-122, CR-2005-179,
CR-2006-300, CR-2007-40, CR-2007-350,
CR-2007-350, CR-2008-148, CR-2008-154,
CR-2008-158, CR-2008-172, CR-2009-4,
CR-2009-92, CR-2009-210, CR-2009-304,
CR-2010-105, CR-2010-278, CR-2011-48.
The Prosecutors Section of the State Bar recognized excellence in its ranks through its annual awards, given
in November 2013. Congratulations to all!
Awardees from left are Amy Orlando, Violent Crimes Prosecutor; Lisa Trabaudo, Homer Campbell Award for Child Abuse
Prosecutor; Marco Serna, Domestic Violence Prosecutor; Julie Gallardo, DWI Prosecutor; Brian Stover, Drug Crimes
Prosecutor. Not pictured are awardees Troy Oliver, Children’s Court Prosecutor; and Scot Key, Violent Crimes Prosecutor.
Members of the Prosecutors Section Board, top row from left, are Kristen Murphy, Phyllis Bowman, Letitia Simms
and Clara Moran. Bottom row from left are Rick Wilson, Chair Ken Fladager, and Martina Kitzmueller.
Wills for Heroes
The Young Lawyers Division would like to express its gratitude to the following volunteers for
generously giving their time and expertise to the Wills for Heroes event on Dec. 14 in Artesia:
Dustin Hunter
Tricia Mares Jones
Jared Kallunki
Roxanne Lara
Lane Martin
Vincent Master
James Mitchell
Scott Morgan
Barbara Patterson
Allen Perry
Esabel Thruman
This program would not be successful
without our volunteers’ continued support!
YOUNG LAWYERS DIVISION
www.nmbar.org
Continued from page 4
the Bureau of Elections in the Office of
the Secretary of State. The Judicial Nominating Commission will meet on Feb. 7,
at the Bernalillo County Courthouse in
Albuquerque to evaluate the applicants for
this position. 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.
Bernalillo County
Probate Court
Notice of Closure
Bernalillo County and the Probate
Court will be closed Jan. 1. The public
should be advised that the probate judge
will not be available from Dec. 16–Jan.
3. During this time alternate processes
have been arranged and the court will be
available for normal procedures. However,
because all of the courts and county government may be on limited holiday schedules,
the public should be prepared for longer
wait times and possible delays. The District
Court will be available for initial filing if a
case needs immediate attention.
U.S. District Court
District of New Mexico
Judicial Appointment
The Judicial Conference of the U.S. has
authorized the appointment of a full-time
U.S. Magistrate Judge for the District of
New Mexico in Albuquerque. The current
annual salary of the position is $160,080.
The term of office is eight years. A full public notice and application forms for the U.S.
magistrate judge position are posted in the
Clerk’s office of the U.S. District Court at
all federal courthouses in New Mexico, and
on the Court’s internet website at www.
nmcourt.fed.us. Application forms may
be obtained from the intake counter at all
federal courthouses in New Mexico, or by
calling 575-528-1439. Applications must
be received by Jan. 31. All applications will
be kept confidential.
Reappointment of Incumbent Judge
The current term of office of U.S. Magistrate Judge Carmen E. Garza is due to
expire on Aug. 22. The U.S. District Court
is required by law to establish a panel of
citizens to consider the reappointment of
the magistrate judge to a new eight-year
term. The duties of a magistrate judge
in this court include the following: (1)
conducting most preliminary proceedings
in criminal cases, (2) trial and disposition
of misdemeanor cases, (3) conducting
various pretrial matters and evidentiary
proceedings on delegation from a district
judge, and (4) trial and disposition of civil
cases upon consent of the litigants. Comments from members of the State Bar and
the public are invited as to whether the
incumbent magistrate judge should be
recommended by the panel for reappointment. Comments should be addressed as
follows: U.S. District Court, CONFIDENTIAL – ATTN: Magistrate Judge Merit
Selection Panel, 333 Lomas Blvd. NE, Suite
270, Albuquerque, NM 87102. Comments
must be received by Jan. 24.
Notice of Correction
The U.S. District Court, District of New
Mexico heading for the “Judicial Appointment” and “Reappointment of Incumbent
Judge” notices was omitted from the Dec.
25, 2013, Bar Bulletin (Vol. 52, No. 52).
This caused them to appear as though
they were associated with the Bernalillo
County Probate Court heading. The Bar
Bulletin regrets the error and apologizes
for any confusion it may have caused.
Supporting
New Mexico Courts
Preserving Justice for All
In response to decreased funding for
the New Mexico Judiciary since 2009
and ever-increasing demands on New
Mexico Courts, a broad-based coalition
consisting of business, community and
legal organizations, and individuals has
formed to assist in securing additional
resources for the judiciary in fiscal year
2015 and beyond. Between 2009 and 2014,
the overall state budget was reduced by 1.3
percent while the Judiciary’s budget was
reduced by 3.5 percent. The New Mexico
Judiciary received only 2.57 percent of
the overall state budget in 2009 and 2.51
percent in 2014.
The request for 2015 is for $158.7
million or 2.55 percent, an increase of
$10,845,200. Why is this increase so
important? The Coalition believes that
not adequately funding the New Mexico
Judiciary hurts everyone. When your
rights, your business, or your family
needs help, underfunded courts hurt you.
Underfunded courts hurt our children, our
unions, our churches, our neighborhoods
and our communities. To join the Coalition, share your story of justice delayed,
or for more information, go to www.
supportingnewmexicocourts.org.
Liberty Mutual
Auto and Home Insurance
SBNM members receive an exclusive group
discount off already competitive rates, extra
savings for insuring both car and home, and
discounts based on driving experience, car
and home safety features and much more.
Contact Edward Kibbee,
(505) 323-6200 ext. 59184, or visit
www.libertymutual.com/edwardkibbee.
New Mexico Lawyers
and Judges
Assistance Program
Help and support are only a phone call away.
24-Hour Helpline
Attorneys/Law Students
505-228-1948 • 800-860-4914
Judges
888-502-1289
www.nmbar.org/JLAP/JLAP.html
Address Changes
All New Mexico attorneys must notify
both the Supreme Court and the State
Bar of changes in contact information.
Supreme Court
Email:attorneyinfochange
@nmcourts.gov
Fax: 505-827-4837
Mail:PO Box 848
Santa Fe, NM 87504-0848
State Bar
Email: [email protected]
Fax: 505-797-6019
Mail: PO Box 92860
Albuquerque, NM 87199
Online:www.nmbar.org
www.nmbar.org
State Bar News
Attorney Support Groups
• Jan. 6, 5:30 p.m.
First United Methodist Church, 4th
and Lead SW, Albuquerque (The group
meets the first Monday of the month.)
• Jan. 13, 5:30 p.m.
UNM School of Law, 1117 Stanford
NE, Albuquerque, Room 1119 (The
group meets the second Monday of the
month.)
• Jan. 27, 7:30 a.m.
First United Methodist Church, 4th and
Lead SW, Albuquerque (Normally, the
group meets the third Monday of the
month, but not in January.)
•For more information, contact Bill
Stratvert, 505-242-6845.
Board of Bar Commissioners
Meeting Summary
The Board of Bar Commissioners met
on Dec. 11, 2013, at the N.M. Supreme
Court in Santa Fe. Action taken at the
meeting follows:
•Approved the Sept. 20, 2013, meeting
minutes as submitted;
•Reviewed the October 2013 profit and
loss statement;
•Approved the N.M. State Bar Foundation 2014 budget;
•Approved a name change for the Lawyer Referral for the Elderly Program
to Legal Resources for the Elderly Program to help clarify what the program
is and the services it provides and to
remove the identification as a referral
service only program;
•Reported that a notice was published in
the Bar Bulletin with links to the 2014
budget disclosure document and audits
on the Web site and that no challenges
to the budget disclosure were received;
•Approved adding an additional board
member, in addition to the officers, as
a check signer;
•Received an update on the refinance of
the Bar Center;
•Approved passing on credit card merchant fees up to 4 percent to members
as of Jan. 1, for all non-dues related
charges and the change will also go into
effect for dues with the 2015 dues cycle;
•Approved a request from the Access
to Justice Commission for funding in
the amount of $6,600 for a series of
facilitated collaboration meetings of
the legal services providers;
•Reported that the dues process is ongoing; this is the second year that it’s been
done online with forms being mailed
upon request;
•Received a report on the auditing firms
that submitted proposals pursuant to
the RFP; four were selected to make
presentations to the Finance Committee and approved entering into
a contract with Burt & Co. for three
years;
•Received a report from the Bylaws and
Policies Committee and provided 30
days’ notice of a bylaw amendment to
Article XI, Section 11.2, Governmental Affairs Committee; determined
not to approve a request to endorse
ALPS Professional Liability Insurance
and directed the Bylaws and Policies
Committee to work with the Lawyers
Professional Liability and Insurance
Committee to develop guidelines/
criteria to vette professional liability
insurance carriers;
•Appointed Robert E. Valdez to the N.M.
Client Protection Fund Commission
for a three-year term;
•Reappointed Elizabeth I. Gutierrez to
the N.M. Legal Aid Board for a threeyear term;
•Approved the new cafeteria plan document and authorized the signing of a
resolution;
•Received a report on the State Bar’s
participation in a Professional Fellows
Program sponsored by the U.S. State
Department’s Bureau of Education and
Cultural Affairs and coordination of an
internship for a young lawyer from the
Republic of Moldova and the possibility
of continued coordination between the
two bar associations;
•Reported on the Client Protection
Fund; the fund and commission will
be jointly administered by the State Bar
and the Disciplinary Board as of Jan. 1;
• Received a report on the Judiciary Committee and its assistance with the Justice
at Stake initiatives, including launching
the website www.supportingnmcourts.
com, to assist with the Court’s funding
request;
•Received an update on the UPL Task
Force rules;
•Distributed the 2014 Supreme Court
Board and Committee Liaison and the
Board’s internal committee rosters,
which will be appointed before the end
of the year;
•Distributed the 2014 meeting schedule
as follows: Feb. 28, July 17, Sept. 12, and
Dec. 10;
•Approved the 2014 Paralegal Division
Budget;
•
Presented a gift to President Andrew
J. Cloutier for his service as president
this year and plaques to Danny W.
Jarrett, Evonne Sanchez and Hans Voss
for their service on the Board; Brigitte
U. Lotze and Roderick Thompson
were not in attendance to receive their
plaques.
Note: The minutes in their entirety will
be available on the State Bar’s website following approval by the Board at the Feb.
28 meeting.
Employment and Labor Law
Board Meeting
The Employment and Labor Law
Section board of directors welcomes section members to attend its meetings on
the first Wednesday of each month. The
January meeting, however, will meet at
noon on Jan. 8, at the State Bar Center.
Lunch is provided to those who R.S.V.P.
to [email protected] by Jan. 7. For
more information, contact Chair Erin E.
Langenwalter, [email protected].
Solo and Small Firm Section
Meeting and Speaker
Susana Rinderle will present “Brain,
Biases and Barriers—How to Communicate More Effectively Across Differences”
at the Solo and Small Section Board of
Directors meeting at noon, Jan. 21, at the
State Bar Center. The Section Board will
meet at 11:30 a.m. Lunch is provided to
those who R.S.V.P. to Evann Kleinschmidt,
[email protected], by Jan. 20.
State Bar Licensing Fees
Due Dec. 31
State Bar licensing fees for 2014 were
due by Dec. 31, 2013, and must be paid by
Feb. 1, to avoid late fees. Take advantage
of the e-check payment option this year.
Payment by credit/debit card also is available. Pay your dues at www.nmbar.org.
For questions, call 505-797-6083 or email
[email protected].
www.nmbar.org
UNM
Award celebration will be held on March
7, at the University of New Mexico.
Hours Through Jan. 6
Building & Circulation
Monday–Thursday 8 a.m.–8 p.m.
Friday
8 a.m.–6 p.m.
Saturday
8 a.m.–5 p.m.
Sunday
Noon–8 p.m.
Reference
Monday–Friday
9 a.m.–6 p.m.
Saturday–SundayClosed
Closures
Dec. 21, 2013–Jan. 1
Other Bars
Law Library
Women’s Law Caucus
Seeking Nominations for
Justice Mary Walters Award
The UNM School of Law Women’s
Law Caucus is seeking nominations for
the 2014 Justice Mary Walters Award.
The Caucus honors a woman in New
Mexico’s legal community who serves
as an inspiration to women in the legal
profession. The first female justice to
serve on the N.M. Supreme Court, Mary
Walters was a trailblazer whose memory
serves as a touchstone for women who
seek a life in the diverse New Mexico
legal community. The nomination form
can be found online at https://docs.
google.com/forms/d/104Skoooa4v2Rq0
t4cAZusUIoIU8H5Wxe2ogDzVk48LY/
viewform. The nomination period ends
Jan. 1. The 2014 Justice Mary Walters
Albuquerque Bar Association
Meeting Luncheon and CLE
The Albuquerque Bar Association
Membership Luncheon will be held at
noon on Jan. 7, at the Embassy Suites
Hotel, 1000 Woodward Place NE, Albuquerque. Pamelya Herndon, executive
director of the Southwest Women’s Law
Center, will present “40 Years after Roe
v. Wade, Still Fighting for Equality.” Following the luncheon, George Bach, UNM
School of Law, will present “Hot Topics
Under the First Amendment: Restrictions
on Abortion Protesters, Limits on Campaign Contributions, Union Fair-Share
Fees, and Funeral Protests” (2.0 G) from
1:15–3:15 p.m. Lunch only: $30 members/$40 non-members with reservation;
$5 additional at door; lunch and CLE:
$90 members/$120 non-members with
reservation; $5 additional at door; CLE
only: $60 members/$80 non-members.
Register by noon, Jan. 3, at www.abqbar.
org, [email protected], or 505-842-1151.
Albuquerque Lawyers Club
Monthly Lunch Meeting
The Albuquerque Lawyers Club invites members of the legal community to
its Jan. 8, lunch meeting. Chuck Loeber,
former president of the board of the
National Museum of Nuclear Science
and History, will be presenting “Nuclear
Weapons and the Case Against Robert
Oppenheimer.” The lunch meeting will
be held at Seasons Restaurant, 2031
Mountain Road, NW, Albuquerque.
Cost: Free to members/ $30 non-members. For more information, contact
Yasmin Dennig at [email protected]
or 505-844-3558.
Federal Bar Association
New Mexico Chapter
CLE Lunch Series
Dean Erwin Chemerinsky will present “An Amazing Time in the Supreme
Court,” on Jan. 16, at Yanni’s Mediterranean Restaurant, 3109 Central Ave. NE.
Chemerinsky is a Distinguished Professor
of Law and the Raymond Pryke Professor
of First Amendment Law at University of
California, Irvine School of Law. Lunch
will be served at 11:30 a.m. and the presentation will begin at noon. Cost: $30 for
FBA members, $40 for non-members (includes cost of lunch and 1.0 CLE credit)
R.S.V.P. to [email protected].
Pay at the door (credit cards, checks and
cash accepted) or send checks to: FBA,
112 Edith NE, Albuquerque, NM 87102.
Contact Ron Holmes at ronholmes@
ronholmes.com for further information.
Legal Education
January
3
Heath Care Reform in 2014: What
Transactional Lawyers Need to
Know
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
7
Estate Planning in 2014: A Look
Forward
1.0 G
505-797-6020
www.nmbarcle.org
9
Nonprofit Law/Exempt
Organizations Update
1.0 G
505-797-6020
www.nmbarcle.org
10
Attorney Ethics and Elder Abuse
1.0 EP
505-797-6020
www.nmbarcle.org
14
BYOD: Bring Your Own Device to
Work–Employment Law Issues in
the Workplace
1.0 G
505-797-6020
www.nmbarcle.org
16
Real Property Institute
5.0 G, 1.0 EP
Video Replay
505-797-6020
www.nmbarcle.org
16
Skeptically Determining the Limits
of Scientific Evidence IV
4.5 G, 2.0 EP
Video Replay
505-797-6020
www.nmbarcle.org
23
16
24
Technology Tools for Lawyers: A
Technology Overview of Practical
and Ethical Considerations in the
Future of the Law Practice
4.0 G, 1.0 EP
Video Replay
505-797-6020
www.nmbarcle.org
17
Ethical Issues for Business
Attorneys
1.0 EP
505-797-6020
www.nmbarcle.org
Drafting Guaranties in Real Estate
Transactions
1.0 G
505-797-6020
www.nmbarcle.org
Financial and Health Care Powers
of Attorney, Assessing Capacity and
Home Visit Protocols
1.0 G, 0.5 EP
Live Seminar
505-797-6020
www.nmbarcle.org
28
Buyouts in Closely Held
Companies–Triggers, Methods,
Valuation & Finance
1.0 G
505-797-6020
www.nmbarcle.org
21
Piercing the Entity Veil: Individual
Liability for Business Acts
1.0 G
505-797-6020
www.nmbarcle.org
30
22
31
Fixing Trust: Techniques to Alter
a Trust When Circumstances Have
Changed
1.0 G
505-797-6020
www.nmbarcle.org
Estate Planning for Personal
Residences
1.0 G
505-797-6020
www.nmbarcle.org
Attorney Ethics and Digital
Communications
1.0 EP
505-797-6020
www.nmbarcle.org
Legal Education
www.nmbar.org
February
4–5 2014 Ethics Update, Parts 1–2
2.0 EP
505-797-6020
www.nmbarcle.org
6
Funding Unfunded Testamentary
Trusts in Estate Planning
1.0 G
505-797-6020
www.nmbarcle.org
7
2014 Retaliation in Employment
Law Update
1.0 G
505-797-6020
www.nmbarcle.org
11
Successor Liability in Business
Transactions: The Risk of Selling
Assets But Retaining Liability
1.0 G
505-797-6020
www.nmbarcle.org
12
Small Commercial Leases:
Negotiating and Drafting Issues
1.0 G
505-797-6020
www.nmbarcle.org
13
Understanding the Fiduciary
Duties & Liability of Trustees in
Estate Planning
1.0 G
505-797-6020
www.nmbarcle.org
14
Ethics in Negotiations
1.0 EP
505-797-6020
www.nmbarcle.org
20
Private Company Directors:
Fiduciary Duties & Liability
1.0 G
505-797-6020
www.nmbarcle.org
21
Ethics in the Receipt and Release of
Confidential Information
1.0 EP
505-797-6020
www.nmbarcle.org
18
Role of Public Benefits in Estate
Planning for All Clients
1.0 G
505-797-6020
www.nmbarcle.org
26
19
27
Recession in Business Transactions:
How to Fix Something That’s Gone
Wrong
1.0 G
505-797-6020
www.nmbarcle.org
Structuring Profits Interest in
LLCs/Partnerships
1.0 G
505-797-6020
www.nmbarcle.org
Choice of Entity Considerations for
Nonprofits
1.0 G
505-797-6020
www.nmbarcle.org
Writs of Certiorari
As Updated by the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective December 13, 2013
Petitions for Writ of Certiorari Filed and Pending:
No. 34,460
No. 34,407
No. 34,458
No. 34,457
No. 34,455
State v. Serrano-Ortiz
COA 32,952
State v. Greenhalgh
COA 31,358
State v. Perez
COA 31,814
State v. Wilson COA 32,984/33,091-93
City of Santa Fe v.
Tomada
COA 32,407
No. 34,454 State v. Cobrera
COA 29,591
No. 34,452 Torres v. State
12-501
No. 34,450 State v. Mejia
COA 31,983
No. 34,448 State v. Cahall
COA 32,969
No. 34,445 Frank v. O’Friel
COA 32,408
No. 34,444 City of Albuquerque v.
AFSCME
COA 33,077
Response filed 12/11/13
No. 34,442 Davis v. Devon Energy COA 33,141
No. 34,439 Grano v. Public Employees
Retirement Association COA 33,113
No. 34,440 State v. Casares
COA 31,808
No. 34,435 State v. Strauch
COA 32,425
No. 34,441 State v. Northrup
COA 32,922
No. 34,436 Benjamin v.
Southern N.M. Correctional
12-501
No. 34,430 State v. Mares
COA 31,865
No. 34,428 Petrakis v. Rodriguez
COA 32,921
No. 34,426 State v. Otero
COA 33,033
No. 34,425 State v. Eric G.
COA 32,768
No. 34,422 State v. Qumyintewa
COA 32,783
No. 34,400 State v. Armijo
COA 32,139
No. 34,413 State v. Lucero
COA 32,834
No. 34,396 Gipson v. Janecka
12-501
No. 34,419 Nichols v. State
12-501
No. 34,330 State v. Koester
12-501
Response ordered; due 12/19/13
No. 34,361 Padilla v. Franco
12-501
Response ordered; filed 12/12/13
No. 34,321 Skidgel v. Hatch
12-501
No. 34,289 Tafoya v. Stewart
12-501
No. 34,281 State v. Perales
COA 32,841
No. 34,282 Bhandari v.
Artesia General Hospital COA 31,130
Response filed 8/29/13
No. 34,277 State v. Ramirez
12-501
No. 34,275 State v. Hernandez
COA 30,230
No. 34,303 Gutierrez v. State
12-501
No. 34,238 Munoz v. Janecka
12-501
No. 34,237 Mahoney v. Jaramillo
12-501
No. 34,170 Holguin v. Nance
12-501
No. 34,165 Conley v. Janecka
12-501
12/13/13
12/13/13
12/12/13
12/12/13
12/12/13
12/11/13
12/11/13
12/10/13
12/09/13
12/04/13
12/02/13
12/02/13
11/27/13
11/26/13
11/26/13
11/25/13
11/22/13
11/22/13
11/21/13
11/20/13
11/20/13
11/20/13
11/20/13
11/15/13
11/04/13
10/23/13
10/21/13
10/15/13
09/12/13
08/23/13
08/16/13
08/15/13
08/12/13
08/09/13
07/30/13
07/12/13
07/11/13
05/23/13
05/22/13
No. 34,095
No. 34,067
No. 33,868
No. 33,819
No. 33,867
No. 33,539
No. 33,630
Ramirez v. State
12-501 05/15/13
Gutierrez v. Williams
12-501 03/14/13
Burdex v. Bravo
12-501 11/28/12
Chavez v. State
12-501 10/29/12
Roche v. Janecka
12-501 09/28/12
Contreras v. State
12-501 07/12/12
Response ordered; due 10/24/12
Utley v. State
12-501 06/07/12
Certiorari Granted but not yet Submitted to the Court:
(Parties preparing briefs) Date Writ Issued
No. 33,725 State v. Pasillas
COA 31,513 09/14/12
No. 33,837 State v. Trujillo
COA 30,563 11/02/12
No. 33,754 State v. Garcia
12-501 11/02/12
No. 33,877 State v. Alvarez
COA 31,987 12/06/12
No. 33,952 Melendez v. Salls Brothers COA 32,293 01/18/13
No. 33,930 State v. Rodriguez
COA 30,938 01/18/13
No. 33,999 State v. Antonio T.
COA 30,827 03/01/13
No. 33,997 State v. Antonio T.
COA 30,827 03/01/13
No. 34,044 State v. Riordan
COA 31,795 04/05/13
No. 34,076 State v. Martinez
COA 32,424 04/19/13
No. 34,074 State v. Maples
COA 30,507 04/19/13
No. 34,124 State v. Cortina
COA 30,317 05/24/13
No. 34,120 State v. Baca
COA 31,442 05/24/13
No. 34,150 Kimbrell v.
Kimbrell
COA 30,447/31,491 06/14/13
No. 34,122 State v. Steven B. consol.
w/ State v. Begaye COA 31,265/32,136 07/12/13
No. 34,204 Faber v. King
COA 31,446 07/12/13
No. 34,232 Hinkle v. State Farm
COA 31,707 07/26/13
No. 34,194 King v. Faber
COA 34,116 07/31/13
No. 34,235 State v. Alverson
COA 32,046 08/16/13
No. 34,138 Jones v. Franco
12-501 08/30/13
No. 33,994 Gonzales v. Williams
COA 32,274 08/30/13
No. 33,863 Murillo v. State
12-501 08/30/13
No. 33,810 Gonzales v. Marcantel
12-501 08/30/13
No. 34,287 Hamaatsa v.
Pueblo of San Felipe
COA 31,297 09/20/13
No. 34,271 State v. Silvas
COA 30,917 09/20/13
No. 34,300 Behrens v. Gateway
COA 31,439 09/27/13
No. 34,286 Yedidag v.
Roswell Clinic Corp.
COA 31,653 09/27/13
No. 34,349 Harrison v. Lovelace
Health System, Inc.
COA 32,215 10/18/13
No. 34,311 State v. Favela
COA 32,044 10/18/13
No. 34,295 Dominguez v. State
12-501 10/18/13
No. 34,380 Cohen v. Continental
Casualty Co.
COA 32,391 11/15/13
No. 34,365 Potter v. Pierce
COA 31,595 11/15/13
No. 34,363 Pielhau v. State Farm
COA 31,899 11/15/13
Writs of Certiorari
No. 34,274
No. 34,398
No. 34,387
State v. Nolen
State v. Garcia
Perea v. City of
Albuquerque
http://nmsupremecourt.nmcourts.gov
12-501 11/20/13
COA 31,429 12/04/13
COA 31,605/32,050 12/04/13
Certiorari Granted and Submitted to the Court:
(Submission Date = date of oral
argument or briefs-only submission) Submission Date
No. 32,860 State v. Stevens
COA 29,357 01/10/12
No. 33,224 Bank of New York v.
Romero
COA 29,945 09/12/12
No. 33,296 State v. Gutierrez
COA 29,997 09/12/12
No. 33,014 State v. Crane
COA 29,470 11/13/12
No. 33,324 State v. Evans
COA 31,331 11/26/12
No. 33,483 State v. Consaul
COA 29,559 12/17/12
No. 33,382 N.M. Human Services v.
Starko, Inc.
COA 29,016/27,922 01/15/13
No. 33,383 Presbyterian Health Plan v.
Starko, Inc.
COA 29,016/27,922 01/15/13
No. 33,384 Cimarron Health Plan v.
Starko, Inc.
COA 29,016/27,922 01/15/13
No. 33,611 Bank of America v.
Quintana
COA 30,354 03/12/13
No. 33,594 Fallick v. Montoya
COA 30,172 03/13/13
No. 33,589 Zhao v. Montoya
COA 30,172 03/13/13
No. 33,632 First Baptist Church of Roswell v.
Yates Petroleum
COA 30,359 03/13/13
No. 33,548 State v. Marquez
COA 30,565 04/15/13
No. 33,567 State v. Leticia T.
COA 30,664 04/30/13
No. 33,566 State v. Leticia T.
COA 30,664 04/30/13
No. 33,592 State v. Montoya
COA 30,470 05/15/13
No. 33,565 State v. Ballard
COA 30,187 05/30/13
No. 33,226 State v. Olsson
COA 29,713 05/30/13
No. 33,971 State v. Newman
COA 31,333 07/24/13
No. 33,808 State v. Nanco
COA 30,788 08/14/13
No. 33,862 State v. Gerardo P.
COA 31,250 08/14/13
No. 33,993 Fowler v. Vista Care and American
Home Insurance Co.
COA 31,438 08/14/13
No. 33,896 Rodriguez v. Del Sol
Shopping Center COA 30,421/30,578 08/26/13
No. 33,949 Rodriguez v. Del Sol
Shopping Center COA 30,421/30,578 08/26/13
No. 33,770 Vaughn v.
St. Vincent Hospital
COA 30,395 08/26/13
No. 33,969 Safeway, Inc. v.
Rooter 2000 Plumbing COA 30,196 08/28/13
No. 33,938
No. 33,898
State v. Crocco
COA 31,498
Bargman v. Skilled
Healthcare Group, Inc. COA 31,088
No. 34,007 City of Albuquerque v.
AFSCME Local 3022
COA 31,075
No. 33,817 Gordon v. King
12-501
No. 34,039 Cavu Co. v. Martinez
COA 32,021
No. 33,884 Acosta v. Shell Western Exploration
and Production, Inc.
COA 29,502
No. 34,083 Amethyst v. Terhune
COA 31,165
No. 33,847 State v. Urquizo
COA 30,337
No. 34,013 Foy v. Austin Capital
COA 31,421
No. 33,970 State v. Parvilus
COA 30,379
No. 34,085 Badilla v. Walmart
COA 31,162
No. 34,146 Madrid v.
Brinker Restaurant
COA 31,244
No. 34,126 State v. Maurice H.
COA 31,597
No. 34,128 Benavides v.
Eastern N.M. Medical
COA 32,450
No. 34,125 Redman v.
McClain Company
COA 32,439
No. 33,977 State v. Calderon
COA 30,844
No. 33,604 State v. Ramirez
COA 30,205
No. 34,009 State v. Huettl
COA 31,141
No. 33,870 State v. Perez
COA 31,678
No. 33,796 State v. Vasquez
COA 29,868
No. 34,093 Cordova v. Cline
COA 30,546
08/28/13
09/11/13
09/24/13
09/30/13
09/30/13
10/28/13
10/28/13
10/30/13
11/14/13
11/25/13
12/04/13
12/09/13
12/16/13
12/18/13
12/18/13
12/18/13
01/14/14
01/14/14
01/15/14
01/15/14
01/15/14
Writ of Certiorari Quashed:
No. 34,309
Star Paving v.
Espanola Mercantile
Date Order Filed
COA 32,954 12/10/13
Petition for Writ of Certiorari Denied:
No. 34,434
No. 34,427
No. 34,420
No. 34,416
No. 34,414
No. 34,341
No. 34,424
No. 34,412
No. 34,410
Gabilondo v. Franco
Quintana v. Acosta
Chavez v. Delgado
Fausnaught v. Frawner
Clark v. Clark
State v. Mendoza
Serna v. Webster
State v. Chavez
State v. Chavez
Date Order Filed
12-501 12/12/13
COA 31,585 12/12/13
COA 32,719 12/12/13
12-501 12/11/13
COA 31,547 12/11/13
COA 31,853 12/11/13
COA 32,885 12/09/13
COA 32,960 12/09/13
COA 32,903 12/09/13
Opinions
As Updated by the Clerk of the New Mexico Court of Appeals
Wendy F. Jones, Chief Clerk New Mexico Court of Appeals
PO Box 2008 • Santa Fe, NM 87504-2008 • (505) 827-4925
Effective December 19, 2013
Date Opinion Filed
Published Opinions
No. 32066 11th Jud Dist San Juan CR-10-1063, STATE v B ALLEN (affirm)
12/16/2013
No. 32335 1st Jud Dist Santa Fe CV-11-2530, K SNOW v WARREN POWER (affirm)
12/17/2013
No. 32635 WCA-11-1699, M HAWKINS v MCDONALDS (affirm)
12/17/2013
No. 32276 1st Jud Dist Rio Arriba CV-11-272, PARKVIEW v D PEPER
12/19/2013
(affirm in part, reverse in part and remand)
Unublished Opinions
No. 32848 13th Jud Dist Valencia CV-10-397, N MUNIZ v A HALLMARK (dismiss)
12/16/2013
No. 33096 1st Jud Dist Santa Fe CV-12-1054, NM CONS CONST v CITY COUNSEL (dismiss)
12/16/2013
No. 33132 4th Jud Dist San Miguel CV-12-274, NM BEHAVORIAl v M MARQUEZ (affirm)
12/16/2013
No. 32302 2nd Jud Dist Bernalillo CV-09-13584, ABQ v M TRUJILLO (affirm)
12/16/2013
No. 31936 6th Jud Dist Grant CV-10-45, GILA REGIONAL v C OSUAGWU (reverse)
12/17/2013
No. 33040 5th Jud Dist Lea CV-09-661, B URLACHER v R EASTBURG (affirm)
12/18/2013
No. 33072 5th Jud Dist Lea DM-83-558, HSD v L MOORE (affirm)
12/18/2013
No. 33159 5th Jud Dist Lea CR-12-553, STATE v F LUNA (affirm and remand)
12/18/2013
No. 33216 11th Jud Dist McKinley CR-13-120, STATE v C SMITH (affirm)
12/18/2013
No. 32432 2nd Jud Dist Bernalillo DM-11-1330, J GARAY v R CALABRO (affirm)
12/18/2013
Slip Opinions for Published Opinions may be read on the Court’s website:
http://coa.nmcourts.gov/documents/index.htm
Clerk’s Certificates
From the Clerk of the New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Clerk’s Certificate
of Admission
The following entries were
erroneously omitted from
the Clerk’s Certificate of
Admission published in the
October 16, 2013 Bar Bulletin
(Vol. 52, No. 42).
On September 23, 2013:
Stephanie K. Goff
First Data Corporation
9752 East Hawaii Place
Denver, CO 80247
303-525-9927
[email protected]
Kevin Grzebielski
U.S. District Court District of New Mexico
100 N. Church Street
Las Cruces, NM 88001
575-528-1642
575-528-1645 (fax)
kevin_grzebielski@nmcourt.
fed.us
Theresa Hacsi
Albuquerque, NM
Jesse D. Hale
ACLU of New Mexico
PO Box 566
Albuquerque, NM
87103-0566
505-266-5915
505-266-5916 (fax)
[email protected]
Georgia Lily Hamann
Lewis Roca Rothgerber LLP
40 North Central Avenue,
Suite 1900
Phoenix, AZ 85004
602-262-5764
602-262-5747 (fax)
[email protected]
Kathryn Hardy
Alan Maestas Law Office
224 Cruz Alta, Suite H
Taos, NM 87571
575-737-0509
575-758-2497 (fax)
[email protected]
Victor Hernandez
Justice Legal Group
1516 San Pedro Drive NE
Albuquerque, NM 87110
505-881-4820
[email protected]
Keith W. Herrmann
Santa Fe, NM 87501
Recent Rule-Making Activity
As Updated by the Clerk of the New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective January 1, 2014
Pending Proposed Rule Changes Open for
Comment:
Comment Deadline
None
Recently Approved Rule Changes
Since Release of 2013 NMRA:
Rules of Civil Procedure for the
District Courts
1-005.2
Electronic service and filing of pleadings
and other papers 01/29/13
1-047Jurors
12/31/13
1-050Judgment as a matter of law in jury trials;
alternative motion for new trial;
conditional rulings
12/31/13
1-052
Nonjury trials; findings and conclusions
12/31/13
1-059
New trials
12/31/13
1-060
Relief from judgment or order
12/31/13
1-071.4 Statutory stream system adjudication suits;
ex parte contacts; general problems of
administration12/31/13
1-074
Administrative appeals; statutory review by
district of administrative decisions or orders
court12/31/13
1-075
Constitutional review by district court of
administrative decisions and orders.
12/31/13
1-077
Appeals pursuant to Unemployment
Compensation Law
12/31/13
1-079
Public inspection and sealing of court records 12/31/13
1-089.1 Nonadmitted and nonresident counsel
12/31/13
1-120
Domestic relations action; scope; use of forms
in dissolution of marriage proceedings
05/31/13
Magistrate Courts
05/05/13
12/31/13
12/31/13
12/31/13
Metropolitan Courts
3-105
Assignment and designation of judges
3-106
Excusal; recusal; disability
3-107
Pro se and attorney appearance
3-603Jurors
12/31/13
12/31/13
12/31/13
12/31/13
Civil Forms
4-118
4-119
Order on motion to seal court records
Order on motion to unseal court records
12/31/13
12/31/13
12/31/13
12/31/13
Domestic Relations Forms
Effective Date
2-105
Assignment and designation of judges
2-107
Pro se and attorney appearance
2-111
Telephone conferences
2-603Jurors
4-206Summons
4-602
Juror summons, qualification,
and questionnaire form
4-913
Writ of restitution (Restitution to owner)
(Uniform Owner Resident Relations Act)
4-913A Order setting escrow deposit/appeal bond.
(Uniform Owner Resident Relations Act)
12/31/13
12/31/13
4A-100
Domestic relations forms; short title; purpose
of forms; citations regarding use of forms
(Withdrawn)05/31/13
4A-100 Domestic relations forms; instructions
and cautions regarding use of forms
05/31/13
4A 101 Domestic relations cover sheet
05/31/13
4A 101A Domestic relations information sheet
05/31/13
4A-102 Petition for dissolution of marriage
(no children)
05/31/13
4A-103 Petition for dissolution of marriage
(with children)
05/31/13
4A-104Response
05/31/13
4A-105 Entry of appearance pro se
05/31/13
4A-101(Withdrawn)
05/31/13
4A-200 Domestic relations forms; instructions
for stage two (2) forms
05/31/13
4A-201 Domestic relations forms for self-represented
parties; limited purpose of forms; cautions
regarding use of forms (Withdrawn)
05/31/13
4A-201 Temporary domestic order
05/31/13
4A-202 Definitions (Withdrawn)
05/31/13
4A-202 Motion for temporary order
05/31/13
4A-203 Forms not available through courts
(Withdrawn)05/31/13
4A-203 Motion to modify temporary order
05/31/13
4A-204 Domestic relations forms; divorce cases; forms
needed; filing fee (Withdrawn)
05/31/13
4A-204 Motion for referral to mediation
(child custody, timesharing, or visitation)
05/31/13
4A-205 Parenting plan and child support worksheet;
wage withholding order (Withdrawn)
05/31/13
4A-205 Motion for referral to mediation
(child support or other financial issues)
05/31/13
4A-206 Request for hearing
05/31/13
4A-207 Notice of hearing
05/31/13
4A-208 Notice of compliance with Rule 1-123 NMRA 05/31/13
4A-209 Verified motion for order to show cause
05/31/13
4A-210 Order to appear and show cause
05/31/13
4A-211 Objection to hearing officer report
4A-212 Interim monthly income and expenses
statement05/31/13
4A-213 Interim order allocating income and expenses 05/31/13
4A-214 Community property and liabilities schedule 05/31/13
4A-215 Separate property and liabilities schedule
05/31/13
4A-300 Domestic relations forms; instructions for
stage three (3) forms
05/31/13
4A-301 Marital settlement agreement
05/31/13
4A-302 Custody plan
05/31/13
4A-303 Child support obligation
05/31/13
4A-304 Wage withholding order
05/31/13
Rule-Making Activity
4A-305
4A-310
Final decree of dissolution of marriage
Domestic relations forms; instructions
for default proceedings
4A-311 Affidavit as to Respondent’s failure to plead
or otherwise defend
4A-312 Certificate as to the state of the record
4A-313 Application for default judgment and final
decree of dissolution of marriage
4A-321(Withdrawn)
4A-322(Withdrawn)
4A 401 Uncontested petition for paternity; forms
needed; filing fee
4A 402 Petition to establish parentage
4A 403 Final decree of parentage
http://nmsupremecourt.nmcourts.gov.
05/31/13
05/31/13
05/31/13
05/31/13
05/31/13
05/31/13
05/31/13
06/24/13
06/24/13
06/24/13
5-108
5-115
5-123
5-205
5-212
5-301
Nonadmitted and nonresident counsel
12/31/13
Conduct of court proceedings
12/31/13
Public inspection and sealing of court records 12/31/13
Unnecessary allegations
05/13/13
Motion to suppress
12/31/13
Arrest without warrant; probable cause
determination; first appearance
12/31/13
5-302A Grand Jury Proceedings
12/31/13
5-501
Disclosure by the state
05/13/13
5-606Jurors
12/31/13
12/31/13
12/31/13
07/15/13
07/15/13
07/15/13
12/31/13
12/31/13
12/31/13
12/31/13
05/05/13
Rules of Criminal Procedure for the
Metropolitan Courts
12/31/13
12/31/13
07/15/13
07/15/13
07/15/13
12/31/13
12/31/13
12/31/13
05/05/13
Rules of Procedure for the Municipal Courts
8-107
8-111
8-113
8-203
8-205
8-207
Entry of appearance
Non attorney prosecutions
Court Interpreters
Issuance of warrant for arrest and summons
Arrest warrants
Search warrants
9-113
9-114
9-201
9-202
9-207A
9-212C
9-306
9-415
9-415A
9-513
Order on motion to seal court records
12/31/13
Order on motion to unseal court records
12/31/13
Criminal complaint
12/31/13
Criminal complaint (Withdrawn)
12/31/13
Probable cause determination
12/31/13
Bench warrant
05/05/13
Commitment for preliminary hearing
(Withdrawn)12/31/13
Cash receipt
12/31/13
Plea and disposition agreement
12/31/13
Order dismissing criminal complaint with
prejudice12/31/13
Notice of dismissal non felony case
12/31/13
Notice of dismissal felony case (Withdrawn) 12/31/13
Juror summons, qualification, and
questionnaire form 12/31/13
Children’s Court Rules
10-352
Judgments and appeals
12/31/13
Rules of Evidence
Magistrate Courts
7-107
Entry of appearance
7-108
7-204
7-206
Arrest warrants
7-208
Search warrants
7-304Motions
7-506
Time of commencement of trial
7-605Jurors
7-802
Return of the probation violator
12/31/13
12/31/13
12/31/13
05/05/13
Criminal Forms
9-312A
9-408A
9-414
District Courts
6-107
Entry of appearance
6-108
6-204
6-206
Arrest warrants
6-208
Search warrants
6-304Motions
6-506
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Advance Opinions
http://www.nmcompcomm.us/
From the New Mexico Supreme Court and Court of Appeals
Certiorari Denied, October 17, 2013, No. 34,325
Opinion Number: 2013-NMCA-104
Topic Index:
Appeal and Error: Standard of Review
Statutes: Interpretation
Wills, Trusts, and Probate: Administration of Estate; Allowances;
Claims Against Estate; Compensation of Attorneys and Administration;
Execution; Personal Representative; Testamentary Intent; Time Limitations;
and Trusts, General
IN THE MATTER OF THE ESTATE OF HARBHAJAN SINGH KHALSA YOGIJI,
Deceased, INDERJIT KAUR PURI,
Petitioner-Appellant,
v.
SHAKTI PARWHA KAUR KHALSA,
Respondent-Appellee
Docket No. 31,178 (filed August 19, 2013)
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY
BARBARA J. VIGIL, District Judge
SURJIT P. SONI
THE SONI LAW FIRM
Pasadena, California
for Appellant
MAUREEN A. SANDERS
SANDERS & WESTBROOK, PC
Albuquerque, New Mexico
Opinion
Cynthia A. Fry, Judge
{1} This case requires us to interpret NMSA
1978, Section 45-3-108(A)(4) (2011), which
provides an exception to the Probate Code’s
three-year time limit for opening a formal
testacy or appointment proceeding under
certain circumstances. Under this exception, a personal representative appointed
more than three years after the decedent’s
death has the right to possess estate assets
only to the extent necessary to confirm
title in those assets, and no claims, other
than for administrative expenses, may be
asserted against the estate. The district court
permitted the initiation of a formal testacy
proceeding but restricted the personal representative’s investigation of the estate’s as-
JANE KATHERINE GIRARD
KATHERINE WRAY
WRAY & GIRARD, PC
Albuquerque, New Mexico
for Appellee
sets to those assets that had not previously
been transferred to the decedent’s trust. We
conclude that these restrictions were the
result of an improper interpretation of the
applicable statute and reverse.
I.BACKGROUND
{2} Inderjit Kaur Puri (Wife), the wife of
the decedent Harbhajan Singh Khalsa Yogiji (Decedent), filed a petition seeking the
formal probate of her husband’s will and
appointment of a personal representative
over four years after Decedent’s death. No
appointment or probate proceeding had
been filed in connection with Decedent’s
estate between Decedent’s death and the
date of Wife’s petition. The petition stated
that it was brought pursuant to Section
45-3-108(A)(4) “for the limited purpose of
confirming title to the assets of the estate
in the successors to the estate.”
{3} Section 45-3-108(A) prohibits the initiation of a formal testacy or appointment
proceeding more than three years after a
decedent’s death unless certain exceptions
apply. In this case, Wife sought to take
advantage of Subsection (4)’s exception,
which permits a late filing of a proceeding but prohibits the assertion of claims
against the estate other than claims for
administrative expenses. The exception
also restricts the personal representative’s
right to possess estate assets. The exception
provides:
A.
No informal probate
or appointment proceeding or
formal testacy or appointment
proceeding, other than a proceeding to probate a will previously
probated at the testator’s domicile
or appointment proceedings relating to an estate in which there
has been a prior appointment,
may be commenced more than
three years after the decedent’s
death, except:
....
(4) an informal appointment
in an intestate proceeding or a
formal testacy or appointment
proceeding may be commenced
thereafter if no proceeding[]
concerning the succession or estate administration has occurred
within the three-year period
after the decedent’s death, but
the personal representative has
no right to possess estate assets as
provided in [NMSA 1978,] Section 45-3-709 [(1975)] beyond
that necessary to confirm title
thereto in the successors to the
estate and claims other than expenses of administration may not
be presented against the estate[.]
Section 45-3-108(A)(4). In this Opinion,
we refer to this exception as Subsection (4).
{4}Decedent’s will, which was attached
to Wife’s petition, contained three specific
devises of certain of Decedent’s personal
property to persons other than Wife and
a provision requiring the residue of Decedent’s estate to be transferred to a trust. The
will recited that Decedent and Wife had
“mutually agreed upon a plan of disposition of [their] assets which is set forth in
this [w]ill and the [t]rust described above.”
The will also nominated Shakti Parwha
Kaur Khalsa, a devisee under the will, as
executor.
Advance Opinions
{5}Ms. Khalsa filed objections to Wife’s
petition, stating that to the best of her
knowledge, “there are no assets in the
estate the title to which can be confirmed”
because all assets had been transferred to
the trust and were to be administered by
way of the trust. Ms. Khalsa further objected on the ground that Wife’s petition
did not fall within the exception to the
three-year limitation period permitted by
Subsection (4).
{6} The district court held several hearings
on Wife’s petition and Ms. Khalsa’s objections. At the hearings, the parties informed
the court about a separate proceeding that
could impact the proceedings in the present case. The separate proceeding was a declaratory judgment action that Ms. Khalsa
and the other trustees of Decedent’s trust
had initiated against Wife before Judge
James Hall to determine the validity of
claims Wife was asserting against the trustees. In that case, which we refer to as the
trust litigation, Wife filed counterclaims
seeking an accounting and alleging that
the trustees had breached their fiduciary
duties.
{7} At the hearings in the present case,
Ms. Khalsa urged the court to deny Wife’s
petition for appointment of a personal
representative because the circumstances
did not satisfy the limitations exception
in Subsection (4). Ms. Khalsa claimed
that there was no asset in the estate to
which title could be confirmed due to
the transfer of assets into the trust upon
Decedent’s death. In response, Wife argued that because there had never been a
personal representative appointed, there
had never been a determination of what
assets belonged to Decedent at the time of
his death in the form of either his separate
property or his half of the community
property and, as a result, it was unclear
whether Decedent had improperly disposed of any portion of Wife’s half of the
community property. Wife maintained
that all assets were initially controlled by
Decedent’s will and that the residual assets
should not have been transferred to the
trust until all assets had first been identified. The problem, according to Wife, was
that a personal representative had never
been appointed, and an inventory of assets had never occurred. Consequently,
Wife urged the district court to appoint
an independent personal representative
to investigate what assets existed when
Decedent died in order to determine what
assets belonged to Decedent and which
belonged to Wife.
{8}The district court formally probated
Decedent’s will and appointed Christopher Cullen as personal representative in
a supervised administration. Cullen’s appointment was subject to two prior orders
entered by the district court. The first order
stated that the personal representative was
to determine “whether any assets were
owned by [Decedent] and [Wife] on [the
date of Decedent’s death] other than those
previously identified and distributed by
the trustees” of the trust and, “if any such
assets exist, to confirm title to those assets
in the successors to [Decedent’s estate].”
Wife objected to this provision in the
order because, in her view, the trust may
have disposed of assets inappropriately,
and the personal representative should be
charged with determining what assets and
interests existed at the time of Decedent’s
death, as opposed to what assets were left
after distribution by the trustees.
{9}The second order was more specific.
That order required Wife to identify “all
entities in which [she] believes that Decedent may have, on the date of his death,
owned an interest (legal or equitable),
which interest has not been previously
identified and distributed by the trustees.”
The order further required the personal
representative to make inquiry of the entities identified and determine whether an
entity was a non-profit and, if it was not a
non-profit, determine whether Decedent
owned an interest in that entity. If there
was credible information that an entity was
a non-profit or that Decedent did not own
an interest in the entity, the order directed
the personal representative to report that
entity to be a non-asset. The order required
the personal representative to prepare a
report of his investigation, and the parties
could file objections to the report.
{10} Following an investigation, the
personal representative filed a report and
a supplemental report. He explained at a
hearing that several of the entities investigated were non-profits, some entities were
actually products owned by other entities, and one could not be identified as a
separately existing entity. Of the remaining
entities, the personal representative said
he could not identify any of them as being
entities that Decedent had any interest in.
{11} At the same hearing, Wife’s counsel
stated that while Wife had no objection
to the court’s acceptance of the personal
representative’s report, the authority
given to the personal representative was
too narrow. Wife maintained that, even
if Decedent had no interest in the entities
investigated, there was still a question as
to whether the entities had possession of
assets in which Decedent had an interest.
Wife argued that the probate proceeding
should be stayed until things had been
sorted out in the trust litigation, which
would determine the distribution of identified community property.
{12} In response to Wife’s arguments, Ms.
Khalsa asserted that the personal representative had completed all of the duties
ordered by the court, and there was no
evidence of any asset whose title needed
to be confirmed. Consequently, it would
be appropriate for the court to close the
estate.
{13} The district court found that the
personal representative had acted in accordance with the court’s previous orders
and that he had “fulfilled the purposes for
which this case was opened pursuant to
[Subsection (4)].” The court granted Ms.
Khalsa’s motion for a final order closing
the estate. This appeal followed.
II.DISCUSSION
{14} Wife argues that the district court
erroneously concluded that Subsection
(4) prevented the personal representative
from investigating what assets were owned
by Decedent at the time of his death, regardless of who was in possession of the
assets at that time. She further maintains
that the district court improperly determined that Subsection (4) precluded the
personal representative’s investigation into
the propriety of the transfer of estate assets
to the trust. We agree.
{15} The interpretation of Subsection (4)
is a matter of law that we review de novo. In
re Estate of Baca, 1999-NMCA-082, ¶ 12,
127 N.M. 535, 984 P.2d 782. “In interpreting [statutes], we seek to give effect to the
Legislature’s intent[.]” Zuni Indian Tribe v.
McKinley Cnty. Bd. of Cnty. Comm’rs, 2013NMCA-041, ¶ 8, 300 P.3d 133 (internal
quotation marks and citation omitted).
A. Overview of Subsection (4)
{16} Section 45-3-108 begins with a
broad prohibition against the initiation
of a probate or appointment proceeding
more than three years after the decedent’s
death. It then lists five exceptions to this
prohibition, but we are concerned only
with the fourth exception—Subsection
(4)—which states, in relevant part, that “a
formal testacy or appointment proceeding may be commenced” more than three
years after the decedent’s death “if no
proceeding[] concerning the succession
or estate administration has occurred
within the three-year period after the
Advance Opinions
decedent’s death.” Section 45-3-108(A)
(4). The exception goes on to state, “but
the personal representative has no right
to possess estate assets as provided in Section 45-3-709 . . . beyond that necessary to
confirm title thereto in the successors to
the estate and claims other than expenses
of administration may not be presented
against the estate.” Section 45-3-108(A)(4).
{17} This subsection permits any appointment or formal testacy proceeding
to be initiated more than three years after
the decedent’s death with three limitations. First, the subsection’s exception is
not applicable if there has been any other
proceeding regarding succession or estate
administration during the three-year
period. Second, in proceedings brought
under this exception, no claims other than
for the expenses of administration may
be asserted against the estate. Third, the
personal representative’s right to possess
estate assets is limited to the possession
necessary to confirm title to the assets in
the estate’s successors. This case concerns
the second and third limitations.
B.Second Limitation: Precluding
Claims Against the Estate
{18} Regarding the second limitation, we
are not persuaded by Ms. Khalsa’s argument that Wife is asserting an improper
claim against the estate. Ms. Khalsa maintains that this alleged “claim” arose from
Wife’s argument that unilateral gifts that
Decedent may have made to third parties
were possibly taken from Wife’s share of
the community property.
{19} Wife argued in the district court that
she was not asserting a claim against the
estate. To the contrary, she was asserting
that Decedent’s estate could only transfer
to the trust those assets in which he had
an interest and that it could not properly
transfer to the trust the assets in which
Wife had an interest. On appeal, Wife
clarifies that she does not seek to recover
any portion of Decedent’s estate, nor does
she want any damages from the estate.
Instead, she wants to identify and confirm
title in any asset that represents her share
of community property that should never
have been deemed to be part of Decedent’s
estate in the first place.
{20} We conclude that Wife’s desire to
identify assets representing her share
of community property is not a “claim”
against Decedent’s estate. NMSA 1978,
Section 45-1-201(A)(7) (2011), of the
Probate Code defines “claims” as including “liabilities of the decedent . . . whether
arising in contract, in tort or otherwise and
liabilities of the estate that arise at or after
the death of the decedent . . . , including
funeral expenses and expenses of administration.” More relevantly, this subsection
states, “ ‘Claims’ does not include estate or
inheritance taxes or demands or disputes
regarding title of a decedent . . . to specific
assets alleged to be included in the estate[.]”
Id. (emphasis added); cf. Houston v. Young,
1980-NMSC-053, ¶ 6, 94 N.M. 308, 610
P.2d 195 (stating that “[a] widow’s onehalf community property interest belongs
to her and does not become a part of her
deceased husband’s estate”). Wife’s arguments in this case are disputes regarding
Decedent’s title to the assets alleged to
belong to his estate and, therefore, they
are not “claims” against the estate.
C.Third Limitation: Restriction on
Personal Representative’s Right to
Possess Assets
{21} The third limitation on initiating
a proceeding under Subsection (4) states
that the personal representative “has no
right to possess estate assets as provided
in Section 45-3-709.” Section 45-3-108(A)
(4). Thus, to determine what possessory
rights Subsection (4) removes from the
personal representative, we turn to Section 45-3-709, which generally permits a
personal representative to take possession
and control of a decedent’s property, to
manage the property, and to initiate actions to recover possession or to determine
title. The statute states:
Except as otherwise provided by
a decedent’s will, every personal
representative has a right to, and
shall take possession or control
of, the decedent’s property, except
that any real property or tangible
personal property may be left
with or surrendered to the person
presumptively entitled thereto
unless or until, in the judgment
of the personal representative,
possession of the property by
the personal representative will
be necessary for purposes of
administration. The request by a
personal representative for delivery of any property possessed by
an heir or devisee is conclusive
evidence, in any action against
the heir or devisee for possession thereof, that the possession
of the property by the personal
representative is necessary for
purposes of administration. The
personal representative shall take
all steps reasonably necessary for
the management, protection and
preservation of the estate in his
possession. He may maintain an
action to recover possession of
property or to determine the title
thereto.
Section 45-3-709. Although Subsection (4)
states that the personal representative does
not have the right to possess estate assets as
provided in Section 45-3-709, it also states
that the personal representative may possess estate assets to the extent “necessary
to confirm title thereto in the successors
to the estate.” Section 45-3-108(A)(4). This
language is the crux of the present appeal.
D. Ms. Khalsa’s Arguments
{22} Ms. Khalsa makes two primary arguments in support of her view that this
limitation permitted the district court to
restrict the breadth of the personal representative’s investigation of Decedent’s assets. She maintains (1) that Subsection (4)’s
limitation on the personal representative’s
possessory rights prohibited the full-scale
investigation of assets sought by Wife and
that this position is supported by In re
Estate of Baca; and (2) the district court
properly restricted the personal representative’s investigation to only those assets
that had not already been transferred to
the trust because (a) it had the discretion
to do so and (b) allowing a more extensive
investigation would thwart Decedent’s
estate plan to avoid probate. We do not
agree.
1.First Argument: Limited Possessory Rights and In re Estate of Baca
{23} First, we see nothing in Subsection
(4) that prohibits a personal representative
from performing an investigation to identify with particularity what assets belonged
to the decedent at the time of death. Even
if Subsection (4) precludes the management or control of estate assets, as Ms.
Khalsa argues, a personal representative
could certainly conduct an investigation
to ensure that only the decedent’s separate
property and his or her share of community property were identified as estate
assets, whereupon the personal representative could confirm title to those assets in
the successors identified in the decedent’s
will. Such an investigation would not be
inconsistent with the limitations on possession stated in Subsection (4).
{24} The goal of Subsection (4)’s restriction on the personal representative’s rights
of possession is apparent. In cases such as
the present one where no intestacy or formal testacy proceeding has been initiated
within the first three years after a decedent’s
Advance Opinions
death, the Legislature intended to preclude
the personal representative from selling
or otherwise exerting possessory control
over assets that had been in the possession of others for more than three years.
However, the Legislature wanted to provide
a mechanism for a personal representative
to confirm title in an estate’s successors for
purposes of establishing the validity of title.
See NMSA 1978, § 45-3-102 (2005) (stating
that “to be effective to prove the transfer of
any property . . . , a will must be declared
to be valid”).
{25} Ms. Khalsa’s reliance on In re Estate
of Baca is also misplaced. That case interpreted Subsection (4) and stated that “an
estate may be settled through inaction
and passage of time” consistent with the
Probate Code’s policy “to promote the
speedy and efficient liquidation and distribution of estates, while allowing claimants adequate time to protect themselves.”
1999-NMCA-082, ¶ 24. This statement is
correct in the context of the circumstances
in In re Estate of Baca, which involved a
claim asserted against an estate by a nondevisee seeking enforcement of an alleged
oral agreement the decedent entered into
prior to death. See id. ¶¶ 8-9. The present
case does not involve a claim against the
estate.1
{26} Furthermore, what Wife seeks—
an investigation to identify what assets
were properly in Decedent’s estate—is
consistent with another policy of the
Probate Code, which is “to discover and
make effective the intent of a decedent in
distribution of the decedent’s property.”
NMSA 1978, § 45-1-102(B)(2) (2011). Effectuating Decedent’s intent first requires
identification of the property subject to
distribution.
2.Second Argument: Investigation
Limited to Assets Not Transferred
to Trust
a. District Court’s Discretion
{27} We see nothing in Subsection (4)
and Ms. Khalsa has not cited any other
portion of the Probate Code that confers
discretion on the district court to restrict
a personal representative’s investigation
of what assets are properly in the decedent’s estate. Ms. Khalsa relies solely on
Schwartzman v. Schwartzman Packing Co.,
1983-NMSC-010, 99 N.M. 436, 659 P.2d
888, for the notion that a probate court
may, in its discretion, circumscribe a personal representative’s investigatory obligations. But Schwartzman is not helpful. In
that case, our Supreme Court interpreted a
statute permitting a shareholder to inspect
a corporation’s books and records “ ‘at any
reasonable time or times, for any proper
purpose.’ ” Id. ¶ 8 (quoting NMSA 1978,
§ 53-11-50(B) (1983)). The Court stated
that “[a district] court must of necessity
have some discretion in determining when
and in what manner the right of examination should be exercised.” Schwartzman,
1983-NMSC-010, ¶ 11.
{28} The circumstances in Schwartzman
are not similar to those in the present case.
Subsection (4) does not contain any language suggesting that there are any limitations, other than possessory ones, placed
on the personal representative when a
formal testacy proceeding is initiated more
than three years after the decedent’s death.
Therefore, in cases where Subsection
(4) applies, the personal representative
would have the same obligations that are
imposed when the personal representative
is appointed within the three-year period
following the decedent’s death. Among
those obligations is the duty to “prepare
an inventory of property owned by the
decedent at the time of his death, listing it
with reasonable detail and indicating as to
each listed item its estimated value as of the
date of the decedent’s death.” NMSA 1978,
§ 45-3-706(A) (1983). In fact, the personal
representative is subject to removal for
failure to complete the inventory responsibilities. See NMSA 1978, § 45-3-611(B)(6)
(1975) (permitting removal of the personal
representative for “fail[ure] to perform any
duty pertaining to the office”). Thus, the
obligation to inventory estate assets is not
subject to discretionary limitation by the
court presiding over the probate.
b.Unrestricted Investigation Does
Not Thwart the Estate Plan
{29} We also conclude that allowing the
personal representative to investigate and
identify estate assets, including assets previously transferred to the trust, would not
thwart Decedent’s estate plan. Decedent’s
will contained several devises of specific
personal property and then provided that
the residue of the estate would pour over
into the trust for distribution consistent
with the trust documents. An investigation
would allow the personal representative
to identify what assets were Decedent’s
separate property or his share of the community property, and those assets would
properly be the subject of the will’s pourover provision.
{30} If, following an investigation, the
personal representative identified assets
previously transferred to the trust that
constituted Wife’s share of community
property, the personal representative could
not take possession of those assets given
Subsection (4)’s limitations on the personal representative’s possessory rights.
However, the parties appear to agree that
reallocation of community property that
was improperly transferred to the trust was
the subject of the trust litigation.
III.CONCLUSION
{31} We hold that the district court
improperly interpreted Subsection (4) as
restricting the personal representative’s
duties to investigate and inventory the
assets of Decedent’s estate. On remand,
the personal representative may conduct
a complete investigation and inventory of
assets in which Decedent had an interest
at the time of his death. The personal representative may confirm title to any assets
that are properly in the possession of a
devisee, and he may inventory the assets
that were properly identified as residue
for transfer to the trust. Any claim Wife
may have for reallocation of improperly
transferred community property was the
subject of the trust litigation.
{32} For the foregoing reasons, we reverse the district court’s judgment and
remand for proceedings consistent with
this Opinion.
{33} IT IS SO ORDERED.
CYNTHIA A. FRY, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
MICHAEL E. VIGIL, Judge
1 We clarify that this Court relied on two cases in In re Estate of Baca that are not relevant to the interpretation of Subsection (4)
because they were decided before that provision of the Uniform Probate Code was adopted by the Uniform Laws Commission in
1993. Those cases are In re Estate of Taylor, 675 P.2d 944 (Mont. 1984) and In re Estate of Wood, 710 P.2d 476 (Ariz. Ct. App. 1985).
Personal Trust Services
Zia Trust, The Advisors’ Trust Companysm. We
are an independent corporate trustee, primarily
serving the Rocky Mountain region.
Zia Trust can meet a broad range of fiduciary
needs working in collaboration with the grantor
or beneficiary and their advisory team made up
of their estate planning attorney, their investment
advisor, CPA and others.
We retain your investment advisor
to manage trust assets.
Please consider Zia Trust, Inc. as your choice for Corporate Trustee.
• Reliability
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Dynamics
We have a team of 25 employees, including 10 full time Trust
Officers demonstrating Zia Trust’s commitment to providing the
highest quality fiduciary customer service. In addition to our Rocky
Mountain focus, we serve clients in 41 states around the U.S.
We welcome the Opportunity to serve you.
Contact John Attwood at 1-800-996-9000
www.ziatrust.com
2013 -2014
Bench & Bar
Directory
OPPORTUNITY
2013-2014
Bench & Bar Directory
Now $10
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Pick up your copy at the front desk today!
State Bar Center
5121 Masthead NE, Journal Center, Albuquerque
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Intellectual Property
coming Feb. 12, 2014.
Advertising submission
is Jan. 17, 2014.
Contact Marcia Ulibarri,
[email protected], 505-797-6058.
No need for another associate
Bespoke lawyering for a new millennium
R.A. Bobbi Hayes
THE BEZPALKO LAW FIRM
Legal Research and Writing
CPA, CFF, CFE, CEPA
Partner
(505) 341-9353
www.bezpalkolawfirm.com
Forensic Accounting for Divorce, Fraud & Business
Litigation. Tax Analysis & Business Exit Planning.
John Battle
CPA, CVA, CM&AA, CGMA
Manager
MORNINGSTAR ENTERPRISES, LLC
MARIE SUSAN LEE, CPA MBA CFE
Personal Injury/Wrongful Death Economic Damage
Calculations, Valuations, Mergers & Acquisitions.
866.307.2727
www.acgsw.com
Offices in: Alamogordo ¤ Albuquerque ¤ Carlsbad ¤ Clovis ¤ Hobbs ¤ Roswell ¤ Lubbock, TX
FORENSIC ACCOUNTING
(505) 235-3500 • [email protected]
www.morningstarcpa.com
Classified
Positions
OSI Staff Counsel (Lawyer-Advanced)
The New Mexico Office of Superintendent
of Insurance is seeking an attorney to fill
a Lawyer-Advanced position in the Staff
Counsel Division. Staff Counsel represents
12 client bureaus; Financial Audit, Property
& Casualty Product Filings, Title, Workers' Compensation, Company Licensing,
Agent Licensing, Examinations, Consumer
Assistance, Investigations, Life & Health
Product Filings, Managed Health Care and
Health Insurance Exchange. In addition, Staff
Counsel initiates and finalizes rulemakings
and is responsible for some collection work.
Staff Counsel may provide legal advice and
services directly to the Superintendent of
Insurance in matters not involving adjudicated proceedings. The position requires a
J.D. degree, and a minimum of five (5) years
experience practicing law. Experience in
insurance law, administrative law, and/or
litigation is desirable. A valid New Mexico
driver’s license is required. To be considered
for employment, any interested persons must
apply with the State Personnel Office at www.
state.nm.us/spo by the closing date of January
15, 2014. Job Id # 2013-06139. In addition to
applying on-line, please send a resume, writing sample and letter of interest to: Mary S.
Howells, Acting Chief Staff Counsel, PO Box
1689, Santa Fe, New Mexico 87504-1689 or
[email protected]. The salary range
is $43,526.00 to $77,380.00 and is determined
on education and experience.
Associate Attorney Position
Riley, Shane & Keller, P.A., an Albuquerque
AV-rated defense firm, seeks an Associate
to help handle our increasing case load. We
are seeking a person with one to five years
experience. Candidate should have a strong
academic background as well as skill and
interest in research, writing and discovery
support. Competitive salary and benefits.
Please fax or e-mail resumes and references
to our office at 3880 Osuna Rd., NE, Albuquerque, NM 87109 c/o Office Manager (fax)
505-883-4362 or [email protected]
Associate Attorney
Albuquerque AV rated family law firm seeks
an attorney with 3+ years experience in family law or civil litigation. Strong academic
background and good research/writing skills
are desired. The firm places a high value on
quality of life. The firm also offers excellent
benefits and opportunities for growth. Send
resume with salary history and requirements
to [email protected].
Staff Attorney
Navajo Housing Authority,
Window Rock, AZ
The Navajo Housing Authority (NHA) is
seeking applications for a Staff Attorney position. The position requires a Juris Doctorate
degree from accredited ABA law school;
Two years of advisory law experience; Active
member of the Navajo Nation Bar Association; State licensed and in good standing in
Arizona, New Mexico or Utah required.
Competitive salary and excellent benefits
provided. To apply: access the website at
www.hooghan.org.
Prosecutor
The Ninth Judicial District Attorney’s Office,
located in Curry and Roosevelt Counties,
has an immediate position open for a new or
experienced Prosecutor. Salary will be commensurate with experience and budget availability. Excellent benefits available. Please
send a cover letter, resume and references to
Kevin Spears, Chief Financial Officer, 417
Gidding, Ste 200 Clovis, NM 88101.
Associate Lawyer
Exceptional earning opportunity for associate lawyer in a growing personal injury law
firm. Must be a smart, hard-working, compassionate, driven and successful trial lawyer.
3 – 10 years of experience preferred. Spanish
fluency preferred. See our Mission Statement
at www.ParnallLaw.com. Email cover letter,
resume, references, and university and law
school grade transcripts to [email protected].
Attorney
Miller Stratvert P.A. seeks an attorney with
1 to 6 years of litigation experience for immediate employment in the Las Cruces
office. Miller Stratvert’s Las Cruces office
handles a high volume of insurance defense,
employment law, professional liability and
government entity defense matters in state
and federal court. Relevant experience,
along with excellent writing, research and
communication skills are desired. Competitive salary, excellent benefits and a collegial
work environment. Please send resumes and
a recent writing sample via e-mail to Chandra
Manning, at [email protected]
www.nmbar.org
Commercial Real Estate Attorney
The Albuquerque firm of Campbell & Wells,
P.A. seeks a commercial real estate associate
with a strong academic background, superior analytical abilities and excellent writing
skills. Salary commensurate with experience.
We will consider flexible scheduling needs.
Please submit resume to Lawrence M. Wells
at [email protected]. All inquiries
will be handled in strict confidence.
PT/FT Attorney Positions Available
This opportunity is geared for an experienced
domestic relations and/or estate planning
practitioner who possesses a high level of
motivation and understanding of client
development and is team-oriented, able to
assume a high level of responsibility and
interact professionally and effectively with
clients, attorneys and staff. We are seeking
candidates that have proficiency in all areas
of oral argument and significant experience
with computers, legal research and practice
management software in local, remote, and
cloud based environments. Applicants must
be licensed and in good standing in New
Mexico with 8 or more years' experience in
Family Law and/ or Estate Planning work. We
offer flexible work hours and compensation
DOE. All replies will be maintained as confidential. If you are looking for a friendly, innovative, client centered work environment,
please forward resume, salary history and
letter of interest to fax number 866.319.3058
Attorney Positions 1st Judicial District Attorney
The First Judicial District Attorney’s Office
has immediate openings available for attorneys to prosecute DWI and/or domestic
violence cases in Magistrate Court. This is
an entry level attorney position, 0 to 1 years
experience. Salary is based on the District
Attorney Personnel and Compensation Plan.
Please send resume and letter of interest
to: “Attorney Employment”, PO Box 2041,
Santa Fe, NM 87504, or via e-mail to 1stDA@
da.state.nm.us.
Associate Attorney
Rammelkamp, Muehlenweg & Cordova, P.A.
has an opening for an associate attorney with
2-6 years experience. We are a Martindale
AV rated six-lawyer commercial/transactional/litigation/labor law firm. Excellent
writing and communication skills required.
Competitive salary and excellent benefits
provided. E-mail cover letter and resume for
consideration to [email protected].
Legal Secretary/Assistant
Do you have 3 or more years experience as a
legal secretary? Are you familiar with civil
litigation, court rules and filing procedures?
Are your clerical, organization, computer and
word processing skills exceptional? Then send
your resume to this well respected, highly productive law firm at [email protected]
Paralegal
FT for AV Rated Family Law firm in Albuq.
Duties include drafting documents, preparing financial worksheets, client relations,
calendaring cases, maintaining files and
supporting attorneys. Experience with
Word, Excel, Outlook, customer service and
multi-tasking required. Great benefits. Email
resume and letter of interest to andree@
lgtfamilylaw.com
Full Time, Experienced Paralegal
Busy Family Law Firm looking for full time,
experienced paralegal. Duties include client
interaction, pleading preparation, discovery
preparation, telephone and email communication with clients and attorneys. Competitive salary, retirement availability and vacation/bonus options. Spanish speaking ability
welcome. Please email letter of interest and
resume to [email protected]
Charming Law Office For Rent
Charming Law Office for rent sharing with
one other attorney. Secretary space, conference room, security, parking and phone
system. Share utilities. A short walk to the
courthouses on Lomas. Call Leslie or Brian
at 222-3120 or 259-8889.
One, Two, or Three
Attractive Office Spaces
For Lease in the downtown Abq historic Hudson House – One, Two, or Three attractive
office spaces. Rent includes telephone, equipment, access to fax, copier, conference rooms,
parking, library, and reference materials.
Referrals and co-counsel opportunities. For
more information, call the offices of Leonard
DeLayo at 505-243-3300, ask for Meg.
Furnished Office For Rent
One block from courthouses; all amenities:
copier, fax, telephone system, conference
room, phone service available. Rate: $800 a
month. Call Ramona at 243-7170 for further
information.
Business Opportunities
Retiring? Want To Work Less?
We are looking for personal injury/work
comp lawyers who want to retire or slow
down. We are looking to combine our practice with an established personal injury or
work comp lawyer who wants to retire or
work less. Please e-mail [email protected].
Visit the
State Bar of
New Mexico’s
website
www.nmbar.org
Office Space
SUBMISSION DEADLINES
All advertising must be submitted via
e-mail by 4 p.m. Wednesday, two weeks
prior to publication (Bulletin publishes
every Wednesday). Advertising will
be accepted for publication in the Bar
Bulletin in accordance with standards
and ad rates set by the publisher and
subject to the availability of space. No
guarantees can be given as to advertising
publication dates or placement although
every effort will be made to comply
with publication request. The publisher
reserves the right to review and edit
ads, to request that an ad be revised
prior to publication or to reject any ad.
Cancellations must be received by
10 a.m. on Thursday, 13 days prior
to publication.
For more advertising
information, contact:
Marcia C. Ulibarri at 505-797-6058 or
e-mail [email protected]
MULTI-MEDIA AUDITORIUM
Hold your conference, seminar or
training at the State Bar Center.
For more
information,
site visits,
and reservations,
contact Alan Kroll
505-797-6037
[email protected]
• Seats up to 160
• Moderately priced by the day
• Catering available
• Reception area
• Beautiful setting
• Ample parking
5121 Masthead NE, Journal Center, Albuquerque
(easy access from I-25)
2014
Licensing Fees
It’s annual licensing time again.
Your 2014 State Bar licensing fees must be paid by
Feb. 1, 2014, to avoid late fees.
Take advantage of the e-check payment option this year.
Payment by credit/debit card also is available.
Pay your dues at www.nmbar.org.
If you have questions, please call 505-797-6083
or email [email protected].

1/1 - State Bar

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