BULLETIN Bar

Bar
Official Publication of the State Bar of New Mexico
BULLETIN
February ,  • Volume , No. 
Legal Education Calendar
Writs of Certiorari
In the Matter of Amendments of Chapters 1, 2,
3, 22 and 13-1802 NMRA and Adoption of New
Instructions of the Uniform Jury Instructions for
Civil Cases
F. W. Clancy
State Bar President - 1890
Inside This Issue:
In the Matter of UJI-Civil Amendments Approved and
New Instructions Adopted in November 2004
In the Matter of the Approval of Amendments to
13-1718 and Adoption and Approval of New
Instructions 13-413, 13-1650, and 13-1651 of the
Uniform Jury Instructions for Civil Cases
NM Supreme Court 6
Notice of Vacancy on the Rules of Criminal
Procedure Committee for District Court
Second Judicial District Court 6
Judicial Appointment
Fifth Judicial District Court 7
Swearing-In Ceremony
Court Regulated Programs 9
Hearsay 10
www.nmbar.org
BAR BULLETIN - February ,  - Volume , No.  
Friday, March 4, 2005
◆
8.0 CLE Credits
UNM Continuing Education Conference Center - Auditorium – 1634 University Blvd NE, Albuquerque, New Mexico
This unique program will present a day long, in-depth analysis of a real, tried to verdict slip & fall/wrongful death case. The trial demonstration
is presented before a presiding judge and a real jury, complete with witnesses, experts and courtroom visual aids. The speakers are all wellknown and highly respected trial lawyers from plaintiff and defense law firms. This program will be of value to attorneys who are just beginning
their trial practice, as well as to the experienced attorney who would like to observe different styles and methods of trial advocacy.
PRESIDING JUDGE
The Honorable Roderick T. Kennedy
NM Court of Appeals – Santa Fe, New Mexico
FEATURING
Ross Zumwalt, M.D.
Chief Medical Investigator for the State of NM
PLAINTIFF TEAM
William Carpenter, Esq.
Carpenter & Stout, Albuquerque
William E. Snead, Esq.
Law Office of William E. Snead, Albuquerque
Randi McGinn, Esq.
MCCML, P.A., Albuquerque
Patrick Sullivan, Esq.
Salazar & Sullivan, Albuquerque
Pia Salazar, Esq.
Salazar & Sullivan, Albuquerque
DEFENDANT TEAM
Ranne Miller, Esq.
Miller, Stratvert, P.A., Albuquerque
Gary L. Gordon, Esq.
Miller, Stratvert, P.A., Albuquerque
Bruce D. Hall, Esq.
Rodey, Dickason, Sloan, Akin & Robb, P.A.
Albuquerque
PROGRAM
8:00 am Check-In/Registration
8:20 am Overview of Trial – Randi McGinn, Esq.
8:30 am Voir Dire
Randi McGinn, Esq. / Ranne Miller, Esq.
9:00 am Opening Statements
Pia Salazar, Esq. / Ranne Miller. Esq.
9:45 am Break
10:00 am Examination of Officer #1
William Snead, Esq. / Meghan Sanford, Esq.
10:30 am Examination of Officer #2
William Snead, Esq. / Meghan Sanford, Esq.
11:30 am Lunch (On Your Own)
1:00 pm Examination of Defendant
Randi McGinn, Esq. / Ranne Miller, Esq.
1:45 pm Examination of Defendant’s Expert
William Carpenter, Esq. / Gary Gordon, Esq.
2:30 pm Break
2:45 pm Examination of Defendant’s Employee
William Carpenter, Esq. / Gary Gordon, Esq.
3:15 pm Closing Arguments
Patrick Sullivan, Esq. / Bruce Hall, Esq.
3:45 pm Jury Instructions – The Hon. Roderick Kennedy
4:00 pm Live Jury Deliberations
5:00 pm Adjourn
Patrick Sullivan, Program Co-Chair
Pia Salazar, Program Co-Chair
Meghan Sanford, Esq.
Rodey, Dickason, Sloan, Akin & Robb, P.A.
Albuquerque
SEMINAR REGISTRATION
New Mexico Trial Lawyers Foundation, PO Box 301, Albuquerque, NM 87103
Please return to: New Mexico Trial Lawyers’ Foundation
P.O. Box 301, Albuquerque, NM 87103-0301
Phone:
TUITION (After February 25, 2005 increases by $10)
❑ NMTLA Member ............................................................. $225.00
❑ Non Member Attorney ..................................................... $275.00
Payment ❑ Check Enclosed ❑ MasterCard ❑ Visa
Name:
Fax:
E-mail:
Card No.
Exp. Date:
(If paying by MC or Visa, fax form to 243-6099)
State Bar ID:
Mailing Address:
City/State/Zip:
2 BAR BULLETIN - February ,  - Volume , No. 
Signature
(cardholder signature required)
Seminar Cancellation Policy: Requests for refunds received after February 28, 2005 cannot be
honored, but seminar materials will be mailed to registrant, or a substitute may attend. This
program will not be audiotaped. For More Information call 243-6003.
KOB LAWLINE 4
2005 SIGN-UP
The KOB LawLine 4 Call-In is regularly scheduled for the third Wednesday of each month. The hours are
5:00 p.m. until 7:30 p.m. We do not schedule a session in December.
PLEASE CONSIDER SIGNING UP NOW SO YOU CAN CALENDAR YOUR PARTICIPATION. This
is a tentative commitment: someone will call you 10 days to 2 weeks in advance of each scheduled date to
confirm the date, time and your continued ability to participate.
**********************************
(Check the box after the DATES AND TIMES you want to sign up for)
March 16
5:00 – 7:30 p.m.
August 17
5:00 – 7:30 p.m.
April 20
5:00 – 7:30 p.m.
September 21
5:00 – 7:30 p.m.
May 18
5:00 – 7:30 p.m.
October 19
5:00 – 7:30 p.m.
June 15
5:00 – 7:30 p.m.
November 16
5:00 – 7:30 p.m.
July 20
5:00 – 7:30 p.m.
NAME: _____________________________ PHONE: _____________________________
I have some questions. Please call me at: ________________________________________
I have an attorney associate/ friend/ acquaintance that might be interested in participating.
Call______________________________________________________________________
(Name)
(Telephone Number)
You may use my name as a reference:
PLEASE RETURN TO:
DO NOT use my name as a reference:
Richard Spinello
Director, Public & Legal Services Department
State Bar of New Mexico
P.O. Box 92860
Albuquerque, NM 87199-2860
OR FAX TO: 505 797-6074
BAR BULLETIN - February ,  - Volume , No.  
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4 BAR BULLETIN - February ,  - Volume , No. 
TABLE OF CONTENTS
Contributions and announcements to the
Bar Bulletin are welcome, but the right is
reserved to select material to be published.
Unless otherwise specified, publication of
any announcement or statement is not
deemed to be an endorsement by the State
Bar of New Mexico of the views expressed
therein, nor shall publication of any advertisement be considered an endorsement
by the State Bar of the product or
s e r v i ce i nvo l ve d. Ed i to r i a l p o l i c y
available upon request.
Notices ........................................................................................................................................................... 6-9
Hearsay ..................................................................................................................................................... 10-11
Legal Education Calendar ......................................................................................................................12
Writs of Certiorari ............................................................................................................................... 13-14
Rules/Orders .......................................................................................................................................... 15-34
In the Matter of Amendments of Chapters 1, 2, 3, 22 and 13-1802 NMRA and
Adoption of New Instructions of the Uniform Jury Instructions for Civil Cases............15
In the Matter of UJI-Civil Amendments Approved and New Instructions
Adopted in November 2004 ............................................................................................................15
In the Matter of the Approval of Amendments to 13-1718 and Adoption and
Approval of New Instructions 13-413, 13-1650, and 13-1651 of the Uniform
Jury Instructions for Civil Cases ......................................................................................................15
Advertising ............................................................................................................................................ 35-44
Board of Commissioners - Officers
Charles J. Vigil, President
Virginia R. Dugan, President-Elect
Dennis E. Jontz, Vice President
Craig A. Orraj, Secretary- Treasurer
Daniel J. O’Brien, Immediate-Past President
Board of Editors
Frances C. Bassett, Esq.
David M. Berlin, Esq. (BBC Liaison)
Cathrynn Novich Brown, Esq.
Robert G. Cates, Esq.
Germaine R. Chapelle, Esq.
Martin R. Esquivel, Esq.
The Hon. Thomas G. Fitch
Barbara Glenn Momaday, Esq.
Mary Catherine McCulloch, Esq.
Steve A. Sandoval
Executive Director – Joe Conte
Editor – Keith Thompson
Layout – Julie Schwartz
Account Executive – Marcia C. Ulibarri,
(505) 797-6058; fax: (505) 797-6075
Pressman – Brian Sanchez
Print Shop Assistant – Richard Montoya
Mail Handler – Chris Knowles
Cite officially as Bar Bulletin
(ISSN 1062-6611).
Vol. 44, No. 7, February 21, 2005.
Subscription price $80 per year.
Subscriptions are nonrefundable
once purchased.
Published weekly by the State Bar,
5121 Masthead NE, Albuq., NM 87109
(505) 797-6000
1-800-876-6227
Fax: (505) 828-3765
E-mail: [email protected]
www.nmbar.org
Periodicals Postage Paid At: Albuquerque,
NM 87101 • © 2005, State Bar of New
Mexico Postmaster send address changes
to: Systems Manager • Bar Bulletin • PO Box
92860, Albuquerque, NM 87199-2860
Professionalism Tip
With respect to opposing parties and their counsel:
I will agree to reasonable requests for extensions of time or waivers of
formalities when legitimate interests of my client will not be adversely
affected.
Meetings
State Bar Workshops
February
February
22
Lawyers Professional Liability
Committee, noon, State Bar Center
22
Lawyer Referral for the Elderly
Workshop, 10 a.m., Chavez County J.O.Y.
Center, Roswell
23
Natural Resources Section Board of
Directors, noon, State Bar Center
25
Alternative Methods of Dispute
Resolution Committee, noon, Bernalillo
County Courthouse, Courtroom #338
28
Membership Services Committee,
noon, State Bar Center
March
2
Employment & Labor Law Section
Board of Directors, noon, State Bar
Center
2
Committee on Women and the Legal
Profession, noon, Lewis and Roca
2
Trial Practice Section Board of
Directors, 4:30 p.m., State Bar Center
23
Lawyer Referral for the Elderly
Workshop, 10 a.m., Ft. Sumner Senior
Center, Ft. Sumner
23
Family Law Workshop, 5:30 p.m., Branigan
Library, Las Cruces
23
Consumer Debt/Bankruptcy Workshop*,
6 p.m., State Bar Center
24
Lawyer Referral for the Elderly
Workshop, 10 a.m., Meadowlark Senior
Center, Rio Rancho
*Consumer Debt/Bankruptcy workshops include a
one-on-one consultation with an attorney. For more
information, call Marilyn Kelley at (505) 797-6048 or
1-800-876-6227; or visit the SBNM Web site, www.
nmbar.org.
BAR BULLETIN - February ,  - Volume , No.  
NOTICES
COURT NEWS
NM Supreme Court
Notice of Vacancy on the
Rules of Criminal Procedure
Committee for District Courts
One attorney vacancy exists on the Rules
of Criminal Procedure Committee for
District Courts due to the recent resignation
of one member. Attorneys interested in
volunteering their time on this committee
may send a letter of interest and/or resume
to Kathleen Jo Gibson, Chief Clerk, PO Box
848, Santa Fe, NM 87504-0848. Deadline
for letters/resumes is March 14.
Statewide Alimony Guidelines
Committee Pilot Projects
The Supreme Court has appointed a
committee to study implementation of
alimony guidelines statewide. The committee is collecting data on the use of alimony
guidelines in pilot projects established in
the First, Second, Third and Eighth Judicial
Districts. During this study, the guidelines
are to be referred to only for settlement
purposes and they should not be cited
as authority in court proceedings. There
are lengthy commentaries explaining the
guidelines that should be reviewed. Commentaries can be purchased at the District
Court Clerk’s office in the First, Second,
Third, and Eighth Districts.
Every person who has an alimony case,
whether settled or tried, is urged to fill out
an Alimony Survey Sheet. Survey sheets may
be obtained from the district court clerks in
the pilot project districts or the committee’s
pilot project coordinators:
Albuquerque:
Muriel McClelland
[email protected]
Las Cruces:
Carolyn J. Baca Waters
[email protected]
Santa Fe:
Sandra E. Rotruck
[email protected]
Taos:
Catherine E. Oliver
[email protected]
Judicial Performance
Evaluation Commission
Upcoming Meeting
The Judicial Performance Evaluation
Commission was created by the New Mexico
Supreme Court for the purpose of providing
voters with fair, responsible and constructive
evaluations of trial and appellate judges
and justices seeking retention in general
elections. The results of the evaluations also
provide judges with information that can
be used to improve their professional skills
as judicial officers. The commission’s next
meeting will be from 8 a.m. to 5 p.m., Feb.
25 at the State Bar Center in Albuquerque.
For more information on the commission or
with regard to the next scheduled meeting,
call (505) 827-4960.
NM Compilation
Commission
Volume 135 of NM Reports
and 2004 NM Taxation
Handbook Available
Volume 135 of the New Mexico Reports
is now available for sale. The cost is $63. The
New Mexico Selected Taxation and Revenue
Laws and Regulation and CD ROM are also
available. The price is $36.75.
To order, send a check to the New
Mexico Compilation Commission, PO Box
15549, Santa Fe, NM 87592-5549.
First Judicial
District Court
Almost Free MCLE Credit
The First Judicial District Court invites
any attorney who practices in the district to
earn almost-free MCLE credit by attending
a one-day seminar, “Turn Your Stumbling
Blocks into Building Blocks: Conflict
Management in Settlement Facilitation,”
on March 18 in Santa Fe. The only charge
to attendees will be the optional MCLE
filing fee of $1 per credit hour. In return,
the court requests that all attendees register
to participate in the court’s ADR program
by acting as a volunteer settlement referee
in one or two cases per year. Due to space
limitations, the court requests that only
those attorneys who reasonably expect to
be able to participate in the ADR program
this year attend. To register, or for more
information, call Celia Ludi, ADR Program
Director, (505) 827-5072.
6 BAR BULLETIN - February ,  - Volume , No. 
Destruction of Exhibits
Pursuant to the Supreme Court Retention
and Disposition Schedule, the First Judicial
District Court will destroy exhibits filed
with the court, in criminal, civil, children’s
court, domestic, incompetency/mental
health and probate cases for years 1970 to
1987. Counsel for parties are advised that
exhibits can be retrieved through April 9.
Attorneys who may have cases with exhibits
may verify exhibit information with the
Special Services Division, (505) 476-0196,
from 8 a.m. to 5 p.m., Monday through
Friday. Plaintiff exhibits will be released to
counsel of record for the plaintiff(s) and defendant exhibits will be released to counsel
of record for the 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.
Second Judicial
District Court
Children’s Court Monthly
Judges’ and Managers’
Meeting
The Second Judicial District Children’s
Court will hold its monthly judges’ and
managers’ meeting at noon, March 1 in the
jury room, John E. Brown Juvenile Justice
Center, 5100 Second St. NW, Albuquerque.
Children’s Court judges and managers of
court-related agencies will meet to discuss
ongoing concerns and projects. For a copy of
the meeting agenda, call (505) 841-7644.
Family Court Open Meetings
Second Judicial District Family Court
judges will hold open meetings to discuss
ongoing concerns and projects at noon on
the first business Monday of each month in
the Conference Center located on the third
floor of the Bernalillo County Courthouse.
The next regular meeting will be held on
March 7. Contact Sandra Partida, (505)
841-7531, for more information or to have
an item placed on the agenda.
Judicial Appointment
Clay Campbell has been appointed to
serve as a District Judge for the Second Judicial District in Bernalillo County by Gov.
Bill Richardson. Campbell is a graduate of
the University of New Mexico, where he
earned a master’s degree in English/Creative
Writing. He earned a law degree from the
www.nmbar.org
College of William & Mary. He has more
than 14 years experience as an attorney and
he replaces Judge Wendy E. York.
Members of the bar and legal community
are invited to the swearing-in ceremony of
Freddie J. Romero as District Court Judge
in the Fifth Judicial District, Division II,
at 3:30 p.m., Feb. 25 at the Roswell Convention and Civic Center, 912 N. Main
Street, Roswell. A reception will follow
immediately after the ceremony.
combines a unique learning experience for
law students with a unique insight into
the qualifications and potential of our applicants.
Working with law firms and agencies
who are committed to the ideal of diversified applicant pools, the Summer Law Clerk
Program has been bringing down artificial
barriers to employment, producing quality
law clerks and diversifying attorney applicants for nearly a generation.
Law firms or agencies interested in
participating in the 2005 Summer Law
Clerk Program should contact Art Jaramillo,
[email protected] by 5 p.m. March 1. Interviews will be held at UNM on March 5.
U.S. Bankruptcy Court
Attorney Support Group
Fifth Judicial
District Court
Swearing-In Ceremony
Brownbag Support
Staff Discussion
A brownbag session for Chapter 13 attorneys’ support staff is scheduled for 11:30
a.m. to 1:30 p.m., March 4 at the Chapter
13 Trustee’s office, 625 Silver SW, Suite
350, Albuquerque. Attendees should bring
their own lunch. The discussion will touch
on various topics of importance to both
debtor and creditor attorney staff members.
Members of the Chapter 13 Trustee’s staff
will present the session. The event is an opportunity for legal assistants and paralegals
to meet and to determine how best to work
together. Call (505) 243-1335, ext. 3020 for
more information or to R.S.V.P.
STATE BAR NEWS
14th Summer Law
Clerk Program
The State Bar of New Mexico is partnering with major New Mexico law firms and
governmental law departments to provide
employment opportunities for diverse and
deserving law students at the University of
New Mexico School of Law. The Summer
Law Clerk Program provides law students
with capable research and writing skills the
opportunity to demonstrate the drive and
excellence that law firms and agencies value
most in making employment decisions.
The State Bar and its participating firms
and agencies recognize that differences
in the social, educational and economic
backgrounds of individual law students can
often create barriers to employment that
have nothing to do with performance or
the potential for success as an attorney. The
rigorous application and interview process
Monthly Meeting
The next Attorney Support Group meeting will be held at 5:30 p.m., March 7 at the
First United Methodist Church at Fourth
and Lead SW in Albuquerque. The group
meets regularly on the first Monday of the
month.
For more information, contact Bill
Stratvert, (505) 242-6845.
Employment and
Labor Law Section
The CLE begins at 8:30 a.m. and attendees will receive 4.2 general CLE credits.
The cost is $79 for section members, $89
for government and paralegals and $99 for
standard and non-attorneys. Refer to the
CLE insert in the Feb. 7 Bar Bulletin for
more information.
Lunch will be provided free of charge
to section members attending the 1 p.m.
meeting. To assist in planning, R.S.V.P. to
[email protected] by March 8.
Paralegal Division
Brownbag CLEs for
Attorneys, Paralegals and
Legal Assistants
The Paralegal Division of the State Bar is
offering lunchtime brownbag CLEs at the
State Bar Center the second Wednesday of
every month. The cost is $16 for attorneys
and $15 for paralegals, legal assistants and
office staff. Each meeting has 1.0 general
CLE credit pending, except for May 11,
which is pending 1.0 ethics credit. Registration begins at the door at 11:30 a.m. each
month, and the presentation will follow
from noon to 1 p.m. For more information
contact Debi Shoemaker-Scott at Rothstein
Donatelli, (505) 243-1443.
March 9: “Conservatorship & Guardianship”, presented by Larry M. Reecer, Attorney at Law
Board Meetings Open to
Section Members
The Employment and Labor Law Section Board of Directors welcomes section
members to attend its meetings. The board
meets at noon on the first Wednesday of
each month at the State Bar Center. The
next meeting will be March 2. (Lunch is
not provided.)
For information about the section, visit
the State Bar Web site, www.nmbar.org, or
call Cindy Lovato-Farmer, section chair,
(505) 667-3766.
April 13: “Internet Legal Research: Find
it Fast in 2005”, presented by Ronald E.
Wheeler, UNM Law School Librarian
International and
Immigration Section
July 13: “Water Issues in New Mexico: The
Pueblo Perspective”, presented by Jessica
Aberly, Attorney at Law
Section Meeting
The International and Immigration
Section will hold its next meeting at 1
p.m., March 10, following “The ABC’s of
Immigration Law” at the State Bar. The
meeting is open to both current section
members and those considering joining the
section. Since the section has been recently
reactivated, the new board encourages section members to attend and provide input
on future activities.
May 11: Rules Governing Paralegal Services:
Changes in the New Mexico Supreme Court
Rules; presented by Leigh Anne Chavez,
Attorney at Law, TVI Paralegal Studies
Instructor
June 8: “Children’s Law: A Survey”, presented by Liz McGrath, Co-Director of
Pegasus Legal Services for Children
Aug. 10: “State & Municipal Sex Offender
Registration Laws in New Mexico”, presented by Kari Morrissey, Attorney at Law
Prosecutors’ Section
Annual Awards
The State Bar Prosecutors’ Section is
soliciting nominations for awards that the
Section will present to five prosecutors at
BAR BULLETIN - February ,  - Volume , No.  
www.nmbar.org
the Association of District Attorneys’ 2005
Spring Conference on May 12. The five
award categories are as follows:
• Prosecutor of the Year – must have five or
more years of full-time prosecution experience. The nomination should address the
individual’s outstanding characteristics,
prosecution history, work with the public
and contributions to the quality of prosecution, and the image of prosecutors.
• Law Enforcement Prosecutor – this
nomination should address the support
and assistance the prosecutor has provided to law enforcement agencies, and
the prosecutor’s commitment of time in
assisting law enforcement.
• Community Service Prosecutor – this
nomination should address the service
this prosecutor has provided to the community and the results of those efforts
(for example – volunteering at rape crisis
centers, nursing homes, youth mentorship
organizations, etc.).
• Legal Impact Prosecutor – this nomination
should address the significant impact that
resulted from the prosecutor’s efforts in a
criminal prosecution(s) and the significant
and positive impact or effect on the law,
along with the prosecutor’s outstanding
character.
• Rookie Prosecutor of the Year – must
have been prosecuting for no more than
two years. The nomination should address
the prosecutor’s dedication to criminal
prosecution and commitment to making
prosecution a career.
Nominations should be submitted for
receipt by March 18 to Michael P. Sanchez,
section chair, c/o Fifth Judicial District
Attorney’s Office, 110 East 4th St., Roswell,
NM 88201-6273; or [email protected].
nm.us. The nominees will be presented to a
committee for selection.
Public Law Section
Board Meeting
The next Public Law Section board meeting will be held at noon, March 10 in the
Risk Management Division Legal Bureau
Conference Room on the first floor of the
Montoya Building, 1100 St. Frances Dr.,
Santa Fe. Contact Deborah Moll, (505)
827-2000, for more information.
Nominations Sought for
Public Lawyer Award
The State Bar Public Law Section is currently accepting nominations for the ninth
annual public lawyer of the year award,
which will be presented on Law Day, May
2. Prior recipients include Florence Ruth
Brown, Frank Katz, Douglas Meiklejohn,
Marty Daly, Nick Estes, Mary McInerny,
Jerry Richardson, Peter T. White and Robert
M. White. Send nominations by 5 p.m.,
March 1 to Doug Meiklejohn by e-mail,
[email protected] or by mail to New
Mexico Environmental Law Center, 1405
Luisa St. #5, Santa Fe, NM 87505. The selection committee (comprised of past chairs
of the Public Law Section) will consider all
nominated candidates and may nominate
candidates on its own.
A complete listing of the qualifications
for candidates can be found in the Jan. 24
issue of the Bar Bulletin (Vol. 44, No.3).
OTHER BARS
Young Lawyers Division
Sandoval County Bar
Association
2005 Summer Fellowship
The Young Lawyers Division (YLD) of
the State Bar is currently accepting applications from law students interested in working in public interest law or the government
sector during the summer of 2005. The
purpose of the fellowship is to enable one
law student to work in public interest law
or the government sector in an unpaid legal
position. The fellowship award is intended
to provide the opportunity for a law student to work in a position that might not
otherwise be possible because the position
is unpaid. The fellowship award, depending
on the circumstances of the position, could
be up to $3,000 for the summer.
To be eligible for the fellowship, the
applicant must be a current law student in
good standing. Applications for the fellowship must include the following: a letter of
interest from the applicant that details the
student’s interest in public interest law or
the government sector; a resume of the applicant; and a written offer of employment
to the applicant for an unpaid legal position
in public interest law or the government
sector for the summer of 2005. Applications
must be submitted to the following address:
J. Brent Moore, YLD Summer Fellowship
Coordinator, Office of General Counsel,
New Mexico Environment Department,
1190 St. Francis Dr., Suite N-4050, Santa
Fe, New Mexico 87505
Applications must be postmarked by
March 31. Any questions regarding the
fellowship should be directed to J. Brent
Moore at (505) 476-3783.
8 BAR BULLETIN - February ,  - Volume , No. 
NM Women’s
Bar Association
Mid-State Chapter
Monthly Networking
Luncheon
The New Mexico Women’s Bar Association’s next networking lunch will be from
noon to 1:30 p.m., March 9 at Conrad’s
in the LaPosada Hotel, Albuquerque.
Members and visitors are welcome. Advance
reservations are required. Lunch prices
range from $6 - $11, and payment is made
directly to the restaurant. Anyone interested
in attending this meeting should R.S.V.P. to
Rendie R. Moore, [email protected].
February Monthly Meeting
The Sandoval County Bar Association
will hold its next monthly meeting from
noon to 1 p.m., Feb. 24 at the Pasta Café
Italian Grill, 3201 Southern Blvd. SE,
Rio Rancho. The program will feature a
general discussion on attorney’s charging
liens. Anyone interested in attending should
R.S.V.P. by close of business on Feb. 22 to
(505) 892-1050.
OTHER NEWS
UNM Law Library
Spring Semester Hours
Hours through May 15:
Mon. – Thurs.
Fri.
Sat.
Sun.
8 a.m. to 11 p.m.
8 a.m. to 6 p.m.
9 a.m. to 6 p.m.
noon to 11 p.m.
Reference:
Mon. – Thurs.
Fri.
Sat.
Sun.
9 a.m. to 9 p.m.
9 a.m. to 5 p.m.
noon to 4 p.m.
noon to 4 p.m.
Extended Exam Hours:
Apr. 30
8 a.m. to 10 p.m.
May 1
9 a.m. to 10 p.m.
May 7
8 a.m. to 10 p.m.
May 8
9 a.m. to 10 p.m.
May 14
8 a.m. to 10 p.m.
COURT REGULATED PROGRAMS
www.nmbar.org
UNM Peace
Studies Program
Peace Fair
The University of New Mexico Peace
Studies program will host Albuquerque’s
first Peace Fair, free and open to the public,
from noon to 8 p.m., March 1 in the Student Union Building ballroom.
UNM’s School of Law, Students Organizing Action for Peace (SOAP), International Programs, Women Studies, Women’s
Resource Center, the sociology, political
science, anthropology and communication
and journalism departments, Religious
Studies and College of Arts and Sciences
are co-sponsors.
Peace Studies is dedicated to the study
of the causes of violence and alternatives to
violence and the practice of conflict resolution on all levels – from the interpersonal
to societal to international. Call (505) 2774032 for more information.
MCLE – [email protected] or www.nmmcle.org
2004 Annual Compliance Reports
At the end of February the 2004 Annual Compliance
Reports will be mailed to all active licensed New Mexico attorneys. The reports include all information for
courses taken by 12/31/04.
All noncompliant attorneys are assessed a late compliance fee, and the invoice for payment of the fee is
included with the Annual Report. Noncompliant attorneys must complete their requirements immediately.
All fees assessed are due by 3/31/05. On April 1, 2005
a second late compliance fee will be assessed for those
attorneys who continue to be in noncompliance.
Check your records online at www.nmmcle.org to
ensure you have completed 2004 credit requirements, and to monitor your credits earned in 2005.
Legal Specialization – [email protected]
The Board Of Legal Specialization is pleased to
announce the following attorneys as Certified
Specialists in 2004.
announcements
for publication in
the
to
[email protected]
by 5 p.m., Monday
the week prior to
publication.
BANKRUPTCY LAW – BUSINESS
George M. Moore
EMPLOYMENT AND LABOR LAW
George Christian Kraehe, George R. McFall and
Carol L. Dominguez Shay
FAMILY LAW
Roberta Suzanne Batley and Catherine Oliver
NATURAL RESOURCES – WATER LAW
James C. Brockmann, Arnold J. Olsen and
Jay F. Stein
REAL ESTATE LAW
David S. Campbell
For additional information regarding the Legal
Specialization program including a list of Board Certified Specialists, go to www.nmbar.org - Other Bars/
Legal Groups, use the Court Regulated Programs
tab in the 2004-2005 Bench and Bar Directory, or call
(505) 797-6057.
BAR BULLETIN - February ,  - Volume , No.  
HEARSAY
Jocelyn R. Castillo has joined the firm of Moses, Dunn, Farmer
& Tuthill, PC as an associate attorney. Castillo’s practice will focus
on business, real estate, construction, title insurance, intellectual
property and personal injury. Castillo graduated with honors from
the University of New Mexico in 2000, and received a law degree
from the University of San Diego School of Law in 2003, where
she was recipient of the Dean’s Outstanding Scholar Award.
Retired consumer attorney Tim Covell has
written a new book entitled Rational Simplicity. Covell once called himself a consumer
advocate, but grew tired of the world of consumerism. He managed to retire just eight
years after setting course to a simpler lifestyle
and his book describes how he did it. Rational
Simplicity contains recommendations that help
readers spend less time on material goods and
more time pursuing their dreams.
Denise Fort, UNM professor of law, has
been appointed to the National Research
Council committee charged with conducting the study “Potential and Pitfalls for
Sustainable Underground Storage of Recoverable Water.” The committee will publish
an overview of research needs and priorities
concerning sustainable underground storage
technology. A variety of factors contributDenise Fort
ing to the performance of storage projects
will be assessed. The National Research Council is an arm of the
National Academies. Fort has 25 years experience in environmental
and natural resources law. She is former chair of the Western Water
Policy Review Advisory Commission, a presidential appointment.
Fort joined the UNM law faculty in 1991.
Gwen R. Gist has joined the firm of Marek & Francis, PA as an
associate. She is a graduate of Baylor University School of Law
with a concentration in estate planning and general civil litigation. Prior to attending law school, she practiced as a certified
public accountant. Gist will focus her practice on estate planning,
probate and administration, domestic relations law and general
civil litigation. Gist is also the president-elect of the Eddy County
Bar Association.
Susan M. Hapka
a n d V i c t o r P.
Montoya have been
elected shareholders
at Sutin, Thayer &
Brown, PC.
Hapka has
a law degree from
UNM and a bachSusan M. Hapka
elor’s degree from Victor P. Montoya
the University of Wisconsin-Milwaukee. She has a civil litigation
practice with a focus on university law, employment law and insurance defense.
Montoya has a law degree from the University of California Davis
and a bachelor’s degree from the University of Texas. He practices
primarily in commercial litigation, employment law, commercial
landlord and tenant law, construction law and civil rights.
10 BAR BULLETIN - February ,  - Volume , No. 
Helen Hecht, Henry A. Kelly, Sarita Nair,
Michelle K. Ostrye and Alison L. Rosner
have joined Sutin, Thayer & Brown, PC.
Hecht has a law degree from UNM
and a master’s and bachelor’s degrees from
NMSU. She practices primarily in the area
of state and federal taxes. She is a member of
the board of the Association of Commerce
and Industry, serves on the ACI TaxaHelen Hecht
tion Committee and is a founding board
member of the New Mexico Tax Research Institute.
Kelly has a B.B.A. and an LL.B. from the
University of Texas. He practices primarily
in corporate law, partnership law, mergers
and acquisitions, commercial real estate law,
insurance law and business and individual
taxation. Kelly is also listed in the Best Lawyers of America.
Nair received
a law degree and an
Henry A. Kelly
M.C.R.P. from the
University of New Mexico and a bachelor’s
degree from Wesleyan University. She
practices primarily in the areas of nonprofit,
corporate, probate and trusts. Nair also
served as a clerk for New Mexico Court of
Appeals Judge Lynn Pickard prior to joining
Sarita Nair
the firm.
Ostrye received a law degree from Texas
Tech University and a bachelor’s degree from
the University of Montana. She practices
primarily in the area of commercial litigation
and is licensed in Texas and New Mexico.
R o s n e r r eceived a law degree
and a bachelor’s
d e g re e f ro m t h e
Michelle K. Ostrye
University of New
Mexico. She practices primarily in the areas
of commercial litigation, creditors’ rights
and secured collections. Prior to joining the
firm, Rosner was a prosecutor in the Second
Judicial District.
Alison L. Rosner
The New Mexico Defense Lawyers Association has announced
its 2005 slate of officers: Paul Houston of Sturges, Houston
& Sexton, president; Kathleen Wilson of Keleher & McLeod,
president-elect; and Gary Van Luchene of Keleher & McLeod,
secretary/treasurer.
Larry J. Montano has joined the Holland & Hart law firm in the
Litigation Department and will be a member of the Environmental
and Natural Resources Practice Group. Montano’s expertise lies in
the areas of professional liability, commercial litigation and appellate law. Prior to joining the firm, Montano worked as an associate
for Rodey, Dickason, Sloan, Akin & Robb, PA and clerked for the
Honorable Bruce D. Black, Federal District Court Judge. Montano
received both a J.D. in 1999 and a bachelor’s degree in 1996 from
the University of New Mexico.
Law student Carlos Ruiz de la Torre from
the University of New Mexico School of
Law was one of four runner-ups in the 7th
Annual Entertainment Law Initiative (ELI)
Essay Competition. The competition, cosponsored by the American Bar Association,
culminated with the ELI Luncheon and
Scholarship Presentation Feb. 11. Ruiz de
la Torre’s essay was entitled “Digital Music
Carlos Ruiz de la Torre
Sampling and Copyright Law: Can the
Interests of Copyright Owners and Sampling Artists be Reconciled?” For his winning essay, Ruiz de la Torre received a $1,500
scholarship and a trip to the GRAMMY® Awards in Los Angeles.
Additionally, his paper will be published in the Cardozo Arts and
Entertainment Law Journal.
IN MEMORIAM
Allen Paul Gerlach, 59, died on Jan. 5 while swimming in his
beloved Costa Rica. An Albuquerque attorney and citizen of the
world, Allen was born on June 3, 1945, in Lincoln, Nebraska to
Reuben and Marie Heckman Gerlach. He attended public schools
in Lincoln, where he was a member of the award-winning Southeast
High School debate team. He received a B.A. from the University
of Nebraska in 1967, a M.A. 1970 and Ph.D. in Latin American
history from the University of New Mexico in 1973 and a J.D. in
1988 from UNM. He served as the director of the New Mexico
Endowment for the Humanities and subsequently practiced law
in Albuquerque from 1989 through 2004. Allen is survived by his
wife, Martha; and daughter, Marty of Albuquerque; son, Greg of
Birmingham, Ala.; brother, Larry of Salt Lake City; mother- and
father-in-law, Alice and Vance Diggins Sr.; brothers-in-law, Vance
and John Diggins, Robert Gleffe; sisters-in-law, Gail Gerlach, Sally
Shepard, Nancy Gleffe, Jane Diggins, and Karen Diggins; and
numerous nephews and nieces. Gerlach had an abiding interest in
and fascination with Latin America, its history, culture and people.
A historian at heart, he authored Indians, Oil and Politics: A Recent
History of Ecuador in 2003. An avid baseball fan and student of the
game, he held season tickets for Dukes/Isotopes games and longed
to hear “Cubs win! Cubs win!” He embraced life with gusto and
boundless energy, had a keen sense of humor, relished exploring the
world of ideas, championed causes to better the human condition
and was a true and loyal friend.
Judge Samuel Mandel, 94, a resident of Albuquerque since 1959,
died Jan.27. He is survived by his loving wife of 63 years, Lillian
Mandel; daughters, Eileen Mandel and friend, Peter Stewart of
Santa Fe and Seattle, Wash., and Nancy Mandel and husband, Bob
Virgin of Golden, Colo. and their children, Carrissa and Laura;
sister, Rebecca Plevinsky of Cherry Hill, N.J.; and many other
family members. He graduated from Pennsylvania State University
with a degree in journalism and received a law degree from Temple
University. Judge Mandel retired from the Air Force as a lieutenant
colonel after beginning his career in the U.S. Army Air Corps. He
served during World War II in the China-Burma Theater where
he dined with Gen. Chiang Kai-shek and was acquainted with the
Dali Lama. After retiring from the Air Force, Judge Mandel was a
Metropolitan Court Judge in Albuquerque for 12 years.
Raymond G. Sanchez, former Speaker of
the New Mexico House of Representatives,
has been appointed by Gov. Bill Richardson
to serve on the University of New Mexico
Board of Regents. Sanchez is an Albuquerque lawyer who was elected in 1970 to serve
in the New Mexico Legislature. He served
in the House through 2000 - serving as
House Speaker from 1983-85, and again
from 1987-2000. He was the second longest Raymond G. Sanchez
serving State House Speaker in the country. Sanchez represented
New Mexico nationally as president of the National Association
of Latino Elected and Appointed Officials. During his tenure,
Hispanic Business Magazine named Sanchez as one of the 100 most
influential Hispanics. Sanchez will serve a six-year term on UNM’s
Board of Regents.
Pete Ross, 52, a resident of Rio Rancho, died Feb. 6. He is survived
by his wife, Anne Ross of Rio Rancho; four sons, Frank Morlock and
wife, Pearlette of Rio Rancho, John Morlock and wife, Christine of
Sterling, Va., Mat Morlock and wife, Jessica of Albuquerque, and
Greg Ross and wife, Amanda of Rio Rancho; one daughter, Misty
Ross of Beaumont, Texas; father, Charlie Ross and wife, Helen of
Albuquerque; one brother, Jeff Ross and wife, Lia of Tijeras; one
sister, Sally Ross of Albuquerque; grandchildren, Frankie, Imani,
Timothy, Shannon, Alex, Riley, Noah, DeAnza, Zoey, Kodi, and
Kylie. Ross is also survived by Charlie the monkey. He was born
and raised in Albuquerque. Pete served in the U.S. Marine Corps
in Vietnam, after the war he became a NM State Police officer.
After sustaining a serious injury, Ross was inspired his family when
he back to college and became a prosecuting attorney. He served
in the Bernalillo County District Attorney’s Office until his death.
Ross taught courses at several area colleges, including UNM Law
Clinics. He was a loving and caring husband, father, grandfather,
brother, son, and a mentor to many. He loved his family and his
work. Ross lived life to its fullest and beyond. He was an active
member of New Life Baptist Church since 1989.
Randall Mark Toth, 56, passed away in December after a battle
with biliary tract cancer. Toth was the former Roswell city attorney
and a longtime civil servant. Toth served in Roswell government for
two decades. In the 1980s, he worked in the Fifth Judicial District
Attorney’s Office as an assistant district attorney and senior trial
prosecutor. He continued his civil service, serving as deputy city
attorney and then city attorney, until he retired for medical reasons
in 2001. Toth was born in Milwaukee on Sept. 16, 1949, to George
and Arlein Toth. He joined the U.S. Army and went to Vietnam at
17. A devoted member of the Church of Jesus Christ of Latter-day
Saints, Toth served on a mission in northern California after his
Vietnam service. He attended Brigham Young University, earning a
bachelor’s degree in 1976 and a law degree in 1979. He met Nancy
Whitcomb while at BYU, whom he married on Aug. 23, 1978. The
couple had four children: Jennifer McIntyre, who lives in Lubbock,
Texas, with her husband, James; Heidi Toth, who is studying at
Texas Tech University; Rachel Toth, who is attending New Mexico
State University; and Joshua, who is still at home. A Civil War and
history buff, Toth loved to debate politics and had planned to return
to school to earn a doctorate in history.
Editor’s Note: The Bar Bulletin periodically publishes “Hearsay” and “In Memoriam.” Send items to: Editor, PO Box 92860,
Albuquerque, NM 87199-2860 or [email protected].
BAR BULLETIN - February ,  - Volume , No.  