April 11, 2012 • Volume 51, No. 15 Inside This Issue Table of Contents.................................................3 Thirteenth Judicial District Court Nominating Commission................................4 Board of Bar Commissioners Appointments..................................................4 New Mexico Courts E-Filing Update...................6 Celebrate Law Day: New Mexico Law Day Activities......................7 2012 State Bar Annual Awards: Call for Nominations.......................................8 Hearsay/In Memoriam.......................................11 Clerk’s Certificates..............................................17 From the New Mexico Supreme Court 2012-NMSC-004, No. 32,436: Estate of Gutierrez v. Meteor Monument, LLC...........................................20 From the New Mexico Court of Appeals 2012-NMCA-027, No. 30,660: City of Santa Fe, ex rel. v. One (1) Black 2006 Jeep................................26 Flames and Attitude, by Claudia Fluegge (see page 3) Weems Art Gallery, Albuquerque Bar Bulletin - April 11, 2012 - Volume 51, No. 15 1 Smarter divorces. In or out of court. Find out how we help clients make good legal choices at www.waltherfamilylaw.com Walther Family Law: Reinventing Family Law 6501 Americas Parkway NE, Albuquerque, NM 505.889.8240 1640 Old Pecos Trail, Suite C, Santa Fe, NM 505.984.0097 2 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 Table of Contents Officers, Board of Bar Commissioners Hans Voss, President Andrew J. Cloutier, President-Elect Erika Anderson, Vice President Martha Chicoski, Secretary-Treasurer Jessica A. PГ©rez, Immediate Past President Board of Editors Ian Bezpalko Cynthia A. Christ Kristin J. Dalton Jocelyn C. Drennan Jennifer C. Esquibel Danny W. Jarrett Maureen S. Moore Tiffany L. Sanchez Michael J. Thomas Joseph Patrick Turk State Bar Staff Executive Director Joe Conte Membership and Communications Director Chris Morganti Editor Dorma Seago 505-797-6030 • notices@nmbar.org Graphic Designer Julie Schwartz jschwartz@nmbar.org Account Executive Marcia C. Ulibarri 505-797-6058 • mulibarri@nmbar.org Digital Print Center Manager Brian Sanchez Assistant Michael Rizzo В©2012, 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: address@nmbar.org. • www.nmbar.org April 11, 2012, Vol. 51, No. 15 Notices .................................................................................................................................................................4 New Mexico Courts E-Filing Update...........................................................................................................6 Celebrate Law Day: New Mexico Law Day Activities............................................................................7 2012 State Bar Annual Awards: Call for Nominations..........................................................................8 Legal Education Calendar .............................................................................................................................9 Hearsay/In Memoriam.................................................................................................................................. 11 Writs of Certiorari .......................................................................................................................................... 14 List of Court of Appeals’ Opinions............................................................................................................ 16 Clerk’s Certificates.......................................................................................................................................... 17 Recent Rule-Making Activity...................................................................................................................... 19 Opinions From the New Mexico Supreme Court 2012-NMSC-004, No. 32,436: Estate of Gutierrez v. Meteor Monument, LLC.................. 20 From the New Mexico Court of Appeals 2012-NMCA-027, No. 30,660: City of Santa Fe, ex rel. v. One (1) Black 2006 Jeep......... 26 Advertising....................................................................................................................................................... 29 State Bar Workshops Meetings April April 11 Children’s Law Section BOD, noon, Juvenile Justice Center 11 Lawyerly Referral for the Elderly Workshop 10:30–11:45 a.m., Presentation 9:30–10 a.m. and 1:30–3:30 p.m., Clinics Phil Lovato Senior Center, Taos 11 Paralegal Division CLE Series, noon, State Bar Center 25 11 Attorney Support Group, 5:30 p.m., Unitarian Universalist Church, Santa Fe Consumer Debt/Bankruptcy Workshop 6–8 p.m., State Bar Center 12 Public Law Section BOD, noon, Montgomery and Andrews, Santa Fe 26 Consumer Debt/Bankruptcy Workshop 5:30 p.m., Law Office of Kenneth Egan, Las Cruces 12 Business Law Section BOD, 4 p.m., State Bar Center May 14 Ethics Advisory Committee, 10 a.m., State Bar Center 9 Estate Planning/Probate Workshop 6 p.m., Mary Esther Gonzales Senior Center, Santa Fe 17 Solo and Small Firm Section BOD, 11:30 a.m., noon, Section, State Bar Center 23 17 Appellate Practice Section BOD, 12:30 p.m., Holland and Hart, Santa Fe 18 Law Practice Management Committee, noon, State Bar Center Consumer Debt/Bankruptcy Workshop 6–8 p.m., State Bar Center 26 Consumer Debt/Bankruptcy Workshop 9 a.m., Law Office of Kenneth Egan, Las Cruces 19 Health Law Section BOD, 7:30 a.m. via teleconference Cover Artist: Claudia Fluegge paints on silk with silk dyes. Her work is inspired by nature and movement, blending realism with her own imagination. Her vibrant colors make her paintings come alive. Bar Bulletin - April 11, 2012 - Volume 51, No. 15 3 Notices Professionalism Tip Court News With respect to the public and to other persons involved in the legal system: NM Supreme Court I will willingly participate in the disciplinary process. Code of Judicial Conduct Committee Committee Vacancies Two vacancies exist on the New Mexico Supreme Court’s Code of Judicial Conduct Committee. Those interested in volunteering their time to serve on this committee may send a letter of interest and/or resume to Joey D. Moya, Chief Clerk, PO Box 848, Santa Fe, NM 87504-0848. Deadline for letters/resumes is April 25. Proposed Revisions to the District Court Civil Forms The Domestic Relations Rules Committee has recommended proposed new forms for the Supreme Court’s consideration for use in contested divorce proceedings. The proposed new Form 4A-100 is intended to replace current instructions in Forms 4A-100, and 4A-201 to -205. The proposed new divorce petition forms are intended to replace current Forms 4A-301 and 4A302. The committee is planning to publish for comment additional new forms in the months ahead for use by self-represented litigants in subsequent stages of a contested divorce proceeding. To comment on the proposed amendments before they are submitted to the Court for final consideration, either submit a comment electronically through the Supreme Court’s website at http://nmsupremecourt.nmcourts.gov/ or send written comments to: Joey D. Moya, Clerk New Mexico Supreme Court PO Box 848 Santa Fe, NM 87504-0848 Comments must be received by the Clerk on or before April 25 to be considered by the Court. Note that any submitted comments may be posted on the Court’s website for public viewing. 13th Judicial District Court Nominating Commission Six applications have been received in the Judicial Selection Office as of 5 p.m., April 2, for the judicial vacancy on the 13th Judicial District Court due to the retirement of the Honorable John W. Pope. The District Judicial Nominating Commission will meet at 9 a.m., April 12, at the Valencia County Courthouse, 1385 Hwy 314 SW, Los Lunas, to evaluate the applicants for this position. The Commission meeting is open to the public. Those wishing to make public comment are requested to be present at the opening of the meeting. The names of the applicants in alphabetical order are: LaDonna L. Giron Walter M. Hart, III Bryan L. McKay Geoffrey R. Nims James Lawrence SГЎnchez Allen Richard Smith US District Court District of New Mexico April Seminar Join your colleagues for an afternoon seminar at the beautiful Las Cruces courthouse. “Doing Justice in Criminal Cases” will be presented from 11 a.m.–5 p.m., April 27, in the Jury Assembly Room, Second Floor, 100 N. Church Street, Las Cruces. Federal judges and attorneys will discuss and share insights on effectively handling criminal cases. Sessions include being professional and ethical in the courtroom; prosecution and defense disclosure obligations; and inadmissability, removability and prosecutorial discretion in immigration cases. For complete program information, agenda and online registration, visit www. nmcourt.fed.us. Hosted by the Federal Bar Association and the U.S. District Court, District of New Mexico. For questions and assistance, call 505-348-2080. State Bar News Attorney Support Group •April 16, 7:30 a.m. Morning groups meet on the third Monday of the month. •May 7, 5:30 p.m. Afternoon groups meet on the first Monday of the month. Both groups meet at the First United Methodist Church at Fourth and Lead SW, Albuquerque. For more information, contact Bill Stratvert, 505-242-6845. Support Group for Legal Professionals •April 11, 5:30 p.m. The group meets regularly on the second Wednesday of the month at the Unitarian Universalist Church, 107 West Barcelona Rd., Santa Fe. For information, call Diego Zamora, 505-629-7343. Board of Bar Commissioners Appointments Judicial Standards Commission The Board of Bar Commissioners will make one appointment to the Judicial Standards Commission for a four-year term. The responsibilities of the Judicial Standards Commission are to receive, review, and act upon complaints against state judges, including supporting documentation on 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 1st Judicial District Court (505) 455-8275 Exhibits/Tapes Exhibits children’s court, civil, criminal, domestic relations, and probate cases 4 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 For Years May Be Retrieved Through 1977–1997 May 14 www.nmbar.org each case as well as other issues that may surface. The commission meets once every eight weeks in Albuquerque and additional hearings may be held as many as four to six times a year. The time commitment to serve on this commission is significant and the workload is voluminous. Applicants should consider all potential conflicts caused by service on this commission. Members wishing to serve on the commission should send a letter of interest and brief rГ©sumГ© by April 27 to Executive Director Joe Conte, State Bar of New Mexico, P.O. Box 92860, Albuquerque, NM 87199-2860, fax to 505828-3765 or email at jconte@nmbar.org. ABA House of Delegates The Board of Bar Commissioners will make one appointment to the American Bar Association (ABA) House of Delegates for a two-year term, which will expire at the conclusion of the 2014 ABA Annual Meeting. The delegate must be willing to attend meetings or otherwise complete his/her term and responsibilities without reimbursement or compensation from the State Bar; however, the ABA provides reimbursement for expenses to attend the ABA mid-year meetings. Members wishing to serve on the board must be a current ABA member in good standing and should send a letter of interest and brief rГ©sumГ© by April 27 to Executive Director Joe Conte, State Bar of New Mexico, P.O. Box 92860, Albuquerque, NM 87199-2860, fax to 505828-3765 or email at jconte@nmbar.org. Third Bar Commissioner District (Los Alamos, Rio Arriba, Sandoval and Santa Fe Counties) Vacancy A vacancy in the Third Bar Commissioner District, representing Los Alamos, Rio Arriba, Sandoval and Santa Fe Counties, was created due to the resignation of Deborah A. Armstrong. The Board will make the appointment at a meeting on May 11 to fill the vacancy until the next regular election of Commissioners in November. The term will run through December 31, 2012, and applicants should plan to attend the remaining 2012 board meetings scheduled for July 12 at the Tamaya, September 7 in Albuquerque, a board retreat in Cloudcroft in late October or early November, and December 5 in Santa Fe. Active status members with a principal place of practice located in the Third Bar Commissioner District are eligible to apply. Members interested in serving on the Board should submit a letter of interest and rГ©sumГ© by April 27 to Executive Director Joe Conte, State Bar of New Mexico, PO Box 92860, Albuquerque, NM 87199-2860, fax to 505-828-3765 or email at jconte@nmbar.org. Elder Law Section Annual Meeting and CLE The Elder Law Section will hold its annual membership meeting and lunch at noon before the 9th Annual Spring Elder Law Seminar (3.5 general CLE credits) May 11 at the State Bar Center. Contact Chair Sara Traub, straub@pbwslaw.com, to place an item on the agenda. See the CLE-Ata-Glance insert in the March 21 (Vol. 52, No. 12) Bar Bulletin for program details. Register online at www.nmbarcle.org or fax to 505-797-6071. Young Lawyers Division Junior Judges Program The Young Lawyers Division is seeking attorney volunteers for the Junior Judges Program. Volunteers will visit with students enrolled in the 3rd, 4th, and 5th grades at the Questa Independent Schools April 27. If you are interested in participating or need more information, contact Tina Cruz, tina. cruz@cruzlaw-nm.com. Luncheon With Justice ChГЎvez, Roswell The Young Lawyers Division will host a luncheon with Justice Edward L. ChГЎvez of the New Mexico Supreme Court from noon–1:30 p.m., April 17, at the offices of Hinkle Hensley Shanor & Martin LLP, 400 Penn Plaza, Ste. 700, Roswell. Join YLD for this ongoing series of informal discussions with Justice ChГЎvez about the practice of law. Space is limited to the first 14 YLD members who respond. Lunch will be provided and preference will be given to those who have not previously attended. Please R.S.V.P. by April 11 to Martha Chicoski, martha@chicoskilaw.com. Volunteers Needed for National Mock Trial Championships Looking for a fun and easy way to get some volunteer hours? Volunteers are needed for the 2012 National Mock Trial Championships on Friday, May 4, and Saturday, May 5, in Albuquerque. This is also a great opportunity to see some top kids in action and support their interest in the judicial system. To volunteer, contact YLD Region 1 Director Ken Stalter, kstalter@ da.state.nm.us. Include your name, email address, and phone number. You will have the opportunity to select what times you would like to volunteer. Volunteers will also need to attend a volunteer training at 4:30 p.m., May 3. LawPay Credit Card Processing for Attorneys •Trust the only payment solution recommended by over 60 bar associations. •Safeguard and separate client funds into trust and operating accounts. •Attract clients, improve cash flow and reduce collections. •Save up to 25 percent off credit card processing fees. 1-866-376-0950 www.affiniscape.com/nmbar UNM Law Library Hours To May 12 Building & Circulation Monday–Thursday 8 a.m.–10 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 Other Bars NM Criminal Defense Lawyers Association April CLE The New Mexico Criminal Defense Lawyers Association in partnership with the New Mexico Women’s Bar Association and the New Mexico Hispanic Bar Association will present Spring Cleaning Your Practice Management (5.0 general and 1.0 ethics/ professionalism CLE credits) April 13 at 1635 University Blvd. NE., Albuquerque. Topics include fees, staffing, marketing and more. Registration is $100 for members of the above bars, $150 for all others. Full program and online registration information is available at www.nmcdla.org or call 505-992-0050. Bar Bulletin - April 11, 2012 - Volume 51, No. 15 5 Notices New Mexico Courts E-Filing Update File and Serve System Patch—On April 3, the File and Serve system was upgraded to include the following improvements: в– в– The opening page of the system was modified so that text at the top of the “message of the day” will always be visible, thus eliminating the need to scroll up to see the message. в– в– T he file stamp and case number were repositioned on e-filed documents to conform to existing court practice with paper filings, thus making e-filed and non e-filed documents more consistent. в– в– Attachment labels were limited to 60 characters to improve readability for judges and courts staff. Many other minor fixes were implemented with this system patch, but we hope that these small bug fixes will not be particularly noticeable to filers. Filing Stats—During March, the total number of filings was 33,144, for all five court districts now on mandatory e-filing. This is the highest number of e-filings received in a month since the program was initiated in July of 2011. During March, most courts managed to keep up with the load, but the busiest courts may take from 24 to 36 hours to process e-filings. File and Serve Downtime—The File and Serve system had two brief down time instances during the week of March 26, both of which were less than 15 minutes. в– в– Helpful Links and Contacts •Visit https://ofs.tylerhost.net/nm for Odyssey File and Serve support, training, and contact information. •The Judicial Information Division (JID) support is available from 8 a.m.–5 p.m., Monday–Friday. JID Help Desk 1-505-476-6911 JID Help Desk Email helpdesk@nmcourts.gov Other News •Judicial District Emails 1st Judicial District Court: sfedefile@nmcourts.gov 2nd Judicial District Court: albdefile@nmcourts.gov 13th Judicial District Court: lludefile@nmcourts.gov NM Legal Aid Christian Legal Aid New Volunteer Training Christian Legal Aid of New Mexico invites new members to join us as we work together to secure justice for the poor and uphold the cause of the needy. A New Volunteer Seminar will be held from 11 a.m.–5 p.m., April 20, in the State Bar Boardroom. Join us for free lunch and training as we learn the basics on how to provide legal aid. For more information or to register, contact Jen Meisner, 505-610-8800, or Jim Roach, 505-243-4419, or email christianlegalaid@ hotmail.com. Free Legal Clinics Free legal clinics to qualified low-income New Mexico residents, 301 Gold Avenue SW, Albuquerque: •Unemployment Insurance Compensation Clinic Once a month on Friday morning 9 a.m., April 27, May 22, June 22 •Divorce Clinic Every other Friday afternoon 1 p.m., April 20, May 18 Anyone interested must contact New Mexico Legal Aid to apply and schedule a date to attend one of the clinics. For further information, call 505-243-7871. Also contact the office with legal questions involving housing, consumer and public benefits. Victims of domestic violence or sexual assault can call the hotline, 505-2434300 or 1-877-974-3400 New Mexico Lawyers and Judges Assistance Program Help and support are only a phone call away. 6 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 24-Hour Helpline Attorneys/Law Students 505-228-1948 • 800-860-4914 Judges 888-502-1289 —From the New Mexico Supreme Court The Bar Bulletin accepts articles relating to the justice system; the regulation of the legal profession; the improvement of the quality of legal services; legal history and people; recent court decisions, rule changes, and legislation; matters relating to the State Bar; as well as reviews of books and other resources that may be of interest to legal professionals. CLE credit may be earned for articles published in the Bar Bulletin or the New Mexico Lawyer. Contact Dorma Seago, dseago@nmbar.org. CELEBRATE LAW DAY New Mexico Law Day Activities в– в– Albuquerque Bar Association Law Day Luncheon Noon, May 1, Hyatt Regency Hotel, 330 Tijeras NW, Albuquerque Keynote Speaker: The Hon. Jimmie V. Reyna, Circuit Judge, U.S. Court of Appeals for the Federal Circuit Judge Reyna was born and raised in New Mexico. He attended the University of Rochester (B.A., 1975) and the UNM School of Law (J.D.,1978). Special Recognitions: 2012 Gene Franchini Mock Trial Champions State Bar Essay Contest Winners Please note this is a pre-paid event. Tickets will not be sold at the door. A large turnout is expected for this program so make your reservations today: individual tickets, $40; table of 10, $400; sponsorship and table of 10, $720; sponsorship, $400. Recognition of sponsors and donations will appear on the program and will be announced at the luncheon. Register by noon, April 27. To register: log on to www.abqbar.org; send email to abqbar@abqbar.org; call 505-842-1151 or 505-243-2615; fax to 505-842-0287; or mail to PO Box 40, Albuquerque, NM 87103. в– в– Chaves County Bar Association Schedule of Events April 26, 6 p.m. Law Day Banquet ($50/person) Bassett Auditorium-Roswell Museum and Art Center, 100 W. 11 Street Guest Speaker: The Honorable Neil M. Corsuch, United State Court of Appeals for the 19th Circuit April 27, 7–8 a.m. Young Lawyers Breakfast With the Judges, Sale Barn CafГ©, 900 N. Garden Avenue 9–10 a.m. Student Mock Trial and Question/Answer Period With Young Lawyers Roswell High School Little Theater, 500 W. Hobbs Street 10 a.m.–noon New Mexico Court of Appeals Oral Arguments and Question/Answer Period Roswell High School Little Theater, 500 W. Hobbs Street noon–1 p.m. Chaves County Bar Association Luncheon Roswell Regional Hospital Conference Room, 117 E. 19 Street ($10/person) Guest Speaker: Chief Judge Celia Foy Castillo, New Mexico Court of Appeals For more information, contact Chair Chelsea R. Green, Law Day Committee, cgreen@hinklelawfirm.com or 575-622-6510. ? ed c i t o n you e v a H The State Bar now has paperless billing. No more piles of papers! Whatever you purchase, from bar dues to advertising, you are receiving invoices and statements by email from State Bar Accounting. Bar Bulletin - April 11, 2012 - Volume 51, No. 15 7 Call For Nominations State Bar of New Mexico 2012 Annual Awards N ominations are being accepted for the 2012 State Bar of New Mexico Annual Awards to recognize those who have distinguished themselves or who have made exemplary contributions to the State Bar or legal profession in 2011 or 2012. The awards will be presented July 13 during the 2012 Annual Meeting at the Hyatt Regency Tamaya Resort and Spa, Santa Ana Pueblo, New Mexico. All awards are limited to one recipient per year, whether living or deceased. Previous recipients for the last five years are listed below. Justice Pamela B. minzner* Professionalism award roBert h. lafollette* Pro Bono award Recognizes one or more attorneys or judges who, over long and distinguished legal careers, have by their ethical and personal conduct exemplified for their fellow attorneys the epitome of professionalism. Previous recipients: Hon. Angela J. Jewell, Raymond Hamilton, John P. Salazar, Thomas D. Haines, Jr., Michael Schwartz, Hon. Pamela B. Minzner Presented to an attorney who has made an exemplary contribution of time and effort, without compensation, to provide legal assistance to people who could not afford the assistance of an attorney. Previous recipients: Alan Wainwright, Ronald E. Holmes, Ben A. Longwill, Matthew T. Byers, Laurie A. Hedrich *Known for her fervent and unyielding commitment to professionalism, Justice Minzner (1943–2007) served on the New Mexico Supreme Court from 1994 to 2007. seth d. montgomery* distinguished Judicial service award Recognizes judges who have distinguished themselves through long and exemplary service on the bench and who have significantly advanced the administration of justice; generally given to judges who have or soon will be retiring. Previous recipients: Hon. Jerald A. Valentine, Hon. James A. Hall, Hon. Mark B. McFeeley, Hon. A. Joseph Alarid, Hon. Lynn Pickard, Hon. David W. Bonem *Justice Montgomery (1937–1998), a brilliant and widely respected attorney and jurist, served on the New Mexico Supreme Court from 1989 to 1994. *Robert LaFollette (1900–1977), director of Legal Aid to the Poor, was a champion of the underprivileged who, through countless volunteer hours and personal generosity and sacrifice, was the consummate humanitarian and philanthropist. distinguished Bar service award—nonlawyer Recognizes nonlawyers who have provided valuable service and contributions to the legal profession over a significant period of time. Previous recipients: David Smoak, Robin Gomez, Sally Saunders, Carolyn L. Cochran, John B. Arango, Karen Duprey, Bonita Ortiz, Amanda Wang outstanding young lawyer of the year award Awarded to one or more attorneys who have, during the formative stages of their legal careers by their ethical and personal conduct, exemplified for their fellow attorneys the epitome of professionalism; nominee has demonstrated commitment to clients’ causes and to public service, enhancing the image of the legal profession in the eyes of the public; nominee must have practiced no more than five years or must be no more than 36 years of age. Previous recipients: Keya Koul, Christina A. Vigil, Clara Moran, Vincent J. Ward, Marcus J. Rael Jr., Diandra D. Benally, Carlos Fierro outstanding legal organization or Program award Recognizes sections, committees, local and voluntary bars and outstanding or extraordinary law-related programs that serve the legal profession and the public. Previous recipient: UNM School of Law Clinical Law Programs, CCV N.M. High School Mock Trial Program, N.M. Hispanic Bar Association, Albuquerque Bar Association Law Day Program, San Juan County Bar Association, Chaves County Bar Association distinguished Bar service award—lawyer Recognizes attorneys who have provided valuable service and contributions to the legal profession over a significant period of time. Previous recipients: Mary T. Torres, Dennis E. Jontz, Randy J. Knudson, Charles J. Vigil, Andrew G. Schultz, Norman S. Thayer A letter of nomination for each nominee should be sent to: Joe Conte, Executive Director, State Bar of New Mexico, PO Box 92860, Albuquerque, NM 87199-2860; or Fax (505) 828-3765; or e-mail jconte@nmbar.org. Deadline for Nominations: April 30 8 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 Legal Education April 12 Drafting Life Insurance Trusts 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 17 Cybersleuth’s Guide to the Internet 5.5 G Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 24 12 Recusal: A Hot New Legal Ethics Topic 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 17 Everyday Ethics in Your Practice 3.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 13 17 Admissible Evidence: Computer Forensics Investigation 2.0 G Teleconference TRT, Inc. 800-672-6253 www.trtcle.com Basics of Real Estate Transactions: From Negotiation to Closing 4.6 G, 1.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Skeptically Determining the Limits of Expert Testimony and Evidence, Part 3 4.7 G, 2.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Spring Cleaning Your Law Practice Management 6.0 G New Mexico Criminal Defense Lawyers Association, New Mexico Women’s Bar Association. and New Mexico Hispanic Bar Association 505-992-0050 or info@nmcdla.org 16 17–18 Real Estate Joint Ventures, Parts 1 and 2 2.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 26 Building Your Practice 3.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Compatibility of Legal and Judicial Ethics 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com Construction Contracts: Anticipating the Unanticipated, Ensuring Performance and Limiting Downside Risk 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 18 Bench and Bar Substance Abuse and Other Misjudgments 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 19 Landlord Tenant Law General 5.6 G, 1.0 EP Albuquerque Sterling Education Services 715-835-5132 www.sterlingeducation.com 17 20 2011 EP Conquering the Pitfalls of Our Profession for a Healthy and Successful Career 2.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Franchisee Red Flags and Traps: What You Should Know Before Your Client Buys 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 26 13 13 23 Mediation: Basics and Procedure 2.0 G Teleconference TRT, Inc. 800-672-6253 www.trtcle.com Confrontation Rights in the Bullcoming ERA 5.3 G Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 26 Electronically Stored Information: What’s Under Lock and Key 2.0 G Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 26 Retain Your Clients 3.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 27–28 2012 New Mexico Collaborative Law Symposium: The Basics 11.0 G, 1.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Bar Bulletin - April 11, 2012 - Volume 51, No. 15 9 Legal Education 27 31st Annual Update on New Mexico Tort Law 6.5 G Albuquerque New Mexico Trial Lawyers’ Foundation (505) 243-6003 www.nmtla.org 27 Ethics for Estate and Trust Planners 1.0 EP National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org www.nmbar.org 27 Recusal: A Hot New Legal Ethics Topic 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 27–28 2012 New Mexico Collaborative Law Symposium: The Basics 11.0 G, 1.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 28 Construction Contracts: Anticipating the Unanticipated, Ensuring Performance and Limiting Downside Risk 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org May The Relevance and Risk of e-Discovery for Everyday Practice 4.7 G, 2.0 EP Las Cruces VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 6 2 Recusal: A Hot New Legal Ethics Topic 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 6 2011 Real Property Institute 6.3 G, 1.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Compensation Plans in Closely Held Businesses, Including S Corps and LLCs 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 6 Everyday Ethics in Your Practice 3.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 8 The Basics of Employment Law 6.1 G, 2.0 EP Las Cruces VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 7 Arbitration: Basics and Procedure 2.0 G Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 10 3 Admissible Evidence: Computer Forensics Investigation 2.0 G Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 4 Bench and Bar Substance Abuse and Other Misjudgments 2.0 EP Teleconference TRT, Inc. 800-672-6253 www.trtcle.com 2011 Ethics/Professionalism: Conquering the Pitfalls of Our Profession for a Healthy and Successful Career 2.0 EP Albuquerque VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 7 Family Feuds in Trusts: Spotting the Warning Signs and Planning Techniques to Avoid Litigation 1.0 G National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 1 7 Everyday Ethics in Your Practice 3.0 EP Las Cruces VR Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 10 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 8 Attorney Ethics in Disputes With Clients 1.0 EP National Teleseminar Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org 11 2012 Ethics Professionalism: The Disciplinary Process 2.0 EP Albuquerque Center for Legal Education of NMSBF 505-797-6020 www.nmbarcle.org Hearsay www.nmbar.org Katherine Lynch and Lucas Frank have been named shareholders at Moses Dunn Farmer & Tuthill PC. Lynch practices in the areas of commercial and residential real estate, estate planning and probate, contracts/business law, banking/finance, and general civil litigation. She has attended UNM (bachelor’s degree, Finance Management) and Valparaiso University (J.D.). Frank practices in the areas of employment and labor law, Indian law, insurance law and general civil litigaiton. He attended Northern Arizona University (bachelor’s degree, magna cum laude) and Arizona State University (J.D.). John A. Bannerman David Johnson Deborah Mann Rebecca L. Avitia of Bannerman & Johnson PA has been included in Corporate Counsel and American Lawyer’s 2012 Top Rated Lawyers Guide to Labor & Employment and was named a 2012 Southwest “Rising Star” by Southwest Super Lawyers. Avitia attended Trinity University in San Antonio, Texas (2003) and Columbia Law School (J.D.), where she was a James Kent Scholar and president of its Latino Law Students Association. John A. Bannerman, David Johnson and Deborah Mann of Bannerman & Johnson PA have been included in Corporate Counsel’s 2012 Top Rated Lawyers Guide to Healthcare Law. Richard Hatch Richard Hatch has joined the Rodey Law Firm as an associate in the Albuquerque office. He practices in the Litigation Department with an emphasis on medical malpractice defense litigation. He also practices in the areas of health law, wrongful death, product liability and general insurance defense. Prior to joining Rodey, Hatch practiced in the areas of medical malpractice and general insurance defense litigation. He attended the UNM School of Law (J.D., 2007). Stephen E. Lane Stephen E. Lane has joined Keleher & McLeod PA as an associate. Lane, a former public defender, specializes in civil and commercial litigation. He attended UNM (B.A., Anthropology, 1997) and the UNM School of Law (J.D., 2008). In 2008, he was a finalist in the National Trial competition and won the McLeod Advocacy Award and the Roehl Award for Outstanding Advocacy. He also earned the Lewis Powell Award for Excellence in Advocacy in 2007 and in 2008. Iris L. M. Ring has joined the law firm of Sheehan & Sheehan PA as an associate. Her practice will focus on the areas of general litigation and construction and employment. Ann H. Washburn Ann H. Washburn, an associate at the Law Office of George “Dave” Giddens, P.C., has been named the co-chair of the State Bar of New Mexico’s Committee on Women and the Legal Profession for 2012. Washburn practices in the areas of bankruptcy and civil and commercial litigation. She is a member of the New Mexico Trial Lawyers Association, the Albuquerque Bar Association, the Dallas Trial Lawyers Association and the College of the State Bar of Texas. Rebecca L. Avitia Marc M. Lowry has become a partner in the Rothstein Law Firm. Lowry has dedicated his law practice to the defense of criminal cases in state and federal courts, handling complex litigation including international terrorism and white-collar crimes. He also practices in the areas of post-conviction relief, state and federal criminal appeals, and civil rights. Lowry is an Order of the Coif graduate of the UNM School of Law, where he received honors in criminal law, the clinical practice of law, and thesis writing. After judicial clerkships with the Honorable Richard C. Bosson and the Honorable James A. Parker, Lowry joined the firm in 2003. The New Mexico Judicial Performance Evaluation Commission (JPEC) has appointed Larry Langley of Albuquerque and Anna M. Aragon of Las Vegas as new members. Langley is the chief executive officer for the New Mexico Business Roundtable and previously led the Middle Rio Grande Business and Education Collaborative. He attended Dallas Baptist University (B.S.), Southwestern Baptist Theological Seminary (M.Ed.) and Yale University (M.B.A.) He currently serves Larry Langley as chair of the Hispanic Education Advisory Council, chair of the Governor’s Early Learning Advisory Council, and is a member of the Public Education Funding Formula Task Force. He also serves on the boards of numerous other organizations, including the New Mexico Association of Commerce & Industry, Economic Forum and the Albuquerque Business Issues Council. Aragon has had her own law practice since 1984, specializing in criminal defense and domestic relations. She began her career in child support enforcement and later worked for two years in the District Attorney’s Office. She has served as a lecturer in law with UNM’s Misdemeanor Defense Program. Aragon attended the UNM School of Law (J.D.). Anna M. Aragon Bar Bulletin - April 11, 2012 - Volume 51, No. 15 11 Hearsay www.nmbar.org Martha Chicoski Vanessa Chavez Jeannie Hunt Keya Koul Megan Duffy Tobanna Barker Heather Jaramillo Erika Anderson The Women’s Bar Association is pleased to announce the following officers for 2012: Martha Chicoski, President Vanessa Chavez, Vice President Jeannie Hunt, Secretary Keya Koul, Treasurer Megan Duffy, Director at Large Tobanna Barker, Director at Large Heather Jaramillo, Compliance Officer Erika Anderson, Past President Christina West and Sandra Rotruck of Sutin, Thayer & Browne recently received an AV Preeminent peer-review rating from Martindale-Hubbell. West’s practices commercial litigation for businesses, tribal entities and governments. Rotruck is a certified family law specialist. Twenty-four Rodey lawyers have been selected as Southwest Super Lawyers-2012 for their expertise and experience in particular Christina West areas of law. Mark K. Adams–Energy and Natural Resources; Henry M. BohnhoffBusiness Litigation; John P. Burton–Real Estate; Nelson Franse–Professional Liability Defense; Catherine T. Goldberg–Real Estate; Scott D. Gordon–Employment and Labor; Bruce D. Hall–Alternative Dispute Resolution; W. Robert Lasater, Jr.-Personal Injury Defense: Medical Malpractice; Theresa W. Parrish–Employment and Labor; Charles (Kip) Purcell-Appellate; Edward R. Ricco– Sandra Rotruck Appellate; John P. Salazar–Real Estate; Andrew G. Schultz–Business Litigation; Robert M. St. John–Business Litigation; Thomas L. Stahl–Employment and Labor; Aaron Viets-Employment and Labor; and Charles J. Vigil–Employment and Labor. Southwest Super Lawyers has designated these Rodey lawyers as “Rising Stars:” Cristina A. AdamsEmployment Litigation-Defense; Richard E. Hatch-Civil Litigation 12 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 Defense; Justin A. Horwitz-Bonds/Government Finance; Robert L. Lucero-Real Estate; Lisa C. Ortega-Personal Injury Defense; Todd E. Rinner-Personal Injury Defense; and Brenda M. SaizPersonal Injury. Eighteen lawyers with the Rodey Law Firm have been selected for inclusion in Chambers USA 2012. The following attorneys were designated “Leaders in Their Field” based on their experience and expertise in particular areas of law: Mark K. Adams–Environment, Natural Resources and Regulated Industries; Environment, Natural Resources and Regulated Industries: Water Law; Rick Beitler–Litigation: Medical Malpractice and Insurance Defense; Henry M. Bohnhoff–Litigation: General Commercial; Nelson Franse–Litigation: General Commercial Litigation: Medical Malpractice and Insurance Defense ; Catherine T. Goldberg–Real Estate; Scott D. Gordon–Labor and Employment; Alan Hall–Corporate/Commercial ; Bruce Hall–Litigation: General Commercial; Justin A. Horwitz–Corporate/Commercial ; W. Robert Lasater Jr.–Litigation: Medical Malpractice and Insurance Defense; Donald B. Monnheimer–Corporate/Commercial Julie P. Neerken–Labor and Employment: Employee Benefits and Compensation; Sunny J. Nixon–Environment, Natural Resources and Regulated Industries: Water Law; Theresa W. Parris–Labor and Employment; John P. Salazar–Real Estate; Andrew G. Schultz– Litigation: General Commercial; Tracy Sprouls–Corporate/Commercial: Tax; Thomas L. Stahl–Labor and Employment. In Memoriam continued from page13 Judicial Service Award from the State Bar of New Mexico in 1992. He had great affection for his fellow judges, clerks, deputies, and secretaries. Before becoming a judge he was an attorney with the firms of McNeany, Rose, & Sholer and Ashby, Rose, & Sholer. A celebration of the life of Judge Stewart Rose will be held from 5–9 p.m., June 1, at the Albuquerque Country Club, 601 Laguna Dr. SW, Albuquerque. Robert Sena, 67, passed away Feb. 26 following a long and courageous battle against an ongoing illness. The son of Robert Sena of Santa Fe and Lucy Sena of Pojoaque, he is survived by his daughter Maria; son-in-law Lee Abeyta; and grandchildren Lee Anthony, Elisa and Arianna, who were the light of his life. After graduation from St. Michaels High School in 1961, he entered the Immaculate Heart of Mary Seminary and left after two years to enlist in the U.S. Air Force. He served his country for four years. He then attended the College of Santa Fe (B.S., Political Science, and M.A.) and the UNM School of Law (J.D.). He entered private practice for a few years and would later be employed by three New Mexico state agencies until his medical retirement. Sena will be remembered as a generous and compassionate man who used his knowledge of the law to help those in need. He had strong interests in literature, New Mexico history, politics, music, the arts, and travel. His strong sense of faith and dedication to family and friends endeared him to many. Memorial contributions may be made to the Diabetes Foundation. In Memoriam “Up the ladder and down the short rope, to hell with King Billy and God bless the Pope.” Eileen Mallon immortalized this Irish ditty when she died March 16 at the age of 81. She was born in Philadelphia to W. Raymond and Mary McKeon. She attended the University of Pennsylvania (chemistry), Rutgers University (master’s degree, Library Science), New York University (master’s degree, Education), and the UNM School of Law (J.D.). She worked as a librarian and teacher in Albuquerque for 20 years. She was also the public librarian at Carnegie Public Library in Las Vegas, N.M. for several years. She built her dream house overlooking the Rio Grande and, at age 50, began a new career when she graduated from the UNM School of Law. She practiced family law in Albuquerque for 20 years. She is survived by her five children, Maureen Torrez (Michael), Meg McKeon, Sheila McKeon (Randy White), Daniel Eshner (Leigha), and Monica Eshner; 14 grandchildren; and her parents Ray and Mary McKeon. She was a beloved mother and grandmother and carried on the family’s rich Irish tradition. Visit the online guest book at www.RememberTheirStory.com. David Michael Meilleur, son of Steven and Joan Meilleur, husband of Monica Lynn Hoy Meilleur, and brother of Peter Charles Meilleur, has died. Meilleur was a brilliant shooting star, with the heart and soul of a poet. He loved music of all kinds and was a talented interpreter on the violin and guitar. He created his own position as an associate attorney at the Law Offices of Nancy L. Simmons through his exceptional and invaluable work on behalf of civil rights and criminal defense clients, beginning as a clerk and continuing as one of two attorneys in the office. He was admitted to practice before the U.S. District Court for the District of New Mexico in 2007 and to the U.S. Court of Appeals for the Tenth Circuit in 2009. He was the first in his law school class to argue before the Tenth Circuit. His compassion for the underdog and his good-natured approach towards the practice of law and towards his many opponents set him apart. Meilleur attended Bucknell University (B.A., English Literature and Economics, cum laude, 2004) and the UNM School of Law (J.D., 2007). He received Bucknell’s University Prize for Men "for the man showing the greatest proficiency in English composition and literature" and was inducted as a member of the Phi Beta Kappa Society. He and Monica were violinists in the Bucknell University Symphony Orchestra and both remain devoted Bisons. Richard S. Morris died March 9 from complications of cancer. He was born in Oklahoma City and grew up in Tyler, Texas. In 1951 he entered the U.S. Air Force, progressing through aviation cadet training. He served as a navigator-bombardier on B-26s in France, Germany, and North Africa. Morris attended Rice University and the UNM School of Law (J.D., 1960). He enjoyed a long career in the oil and gas industry, retiring as president and CEO of El Paso Natural Gas company in 1989. He was formerly as partner in the Santa Fe law firm of Montgomery, Federici, Andrews, Hannahs & Morris, where he practiced natural resources and corporate law. He was also an assistant attorney general working with the Oil Conservation Commission. Morris was chair of the Interstate Natural Gas Association of America and was also on the board of the American Gas Association. He served as chair of the board of trustees of the UNM Foundation, receiving the University’s Regents Recognition Medal. He established the Richard and Patricia Morris Presidential Scholarship at UNM. His involvement in the community included board of visitors and governors of St. John’s College, board of trustees of the Santa Fe Opera Foundation, and the board of managers of the School of Advanced Research. Morris enjoyed the opera, chamber www.nmbar.org music, seminars and classes at St. John’s College, fly fishing in the Pecos wilderness, golfing, and travel. He had a life-long love of learning and a deep appreciation of the arts. Survivors include his wife Patricia, four children from his previous marriage to Mary F. Morris, and numerous family members and friends. Phyllis A. Palmieri, 62, of Morganton, passed away Oct. 8, 2011. Born in Bethlehem, Pa., on Oct. 19, 1948, she was the daughter of Margaret Rizzo Cunningham and husband, Clayton, of Easton, Pa. Palmieri attended St. Charles Borromeo Catholic Church and Unitarian Universalists of Caldwell County. She received her law degree from West Virginia University. She moved to Morganton and worked for Legal Aide and then established her own private practice. In addition to her parents, she is survived by three sons, Neil Roth, Morgan Kelly, and Seth King; brother Michael Palmer; and grandchildren, Peter, Nicholas, and Angela Roth of Boston and Zachary Reynolds of High Point. Michael Alan Peters, born March 28, 1956, in Roswell and beloved son, husband, father, friend, attorney, and CPA died Feb. 24 after suffering an unexpected illness. Peters, a respected attorney in Albuquerque, graduated from Baylor University with honors in accounting and law. He practiced as a licensed CPA with national firms for several years in Dallas and New York City before practicing law in Albuquerque beginning in 1992. Peters was also an athlete, artist, vocalist and actor, having graduated from the American Academy of Dramatic Arts. He loved the outdoors, traveling, and being with people and hearing their stories. Peters is survived by his wife Kathy Timofeyew Zimmer Peters; young son Alexander Michael; his parents A.L. and Billie Peters; and brother Don Peters (Carol) of Odessa, Texas. Stewart Rose,III retired United States bankruptcy judge for the District of New Mexico, passed away March 25 at his home in Albuquerque. He had a long and rewarding career as an attorney and a judge, and an even longer and more rewarding life as a wonderful husband, father, grandfather, stepfather, and fast friend. He is survived by his beloved wife Rose Spader; brother Paul Z. Rose (Ann); daughters Connie Rose Hunter (Tom), Carolyn Rose (David Midget), Sheila Rose Gillespie (Dennis); grandchildren Ian Stewart Hunter, Timothy Young Hunter, Jamie Lee Hunter, Hannah Rose Midget, Lauren Rose Gillespie, and Carlton Davis Gillespie; and Rose Spader’s five children, Denise, Debbie, Michael, Mark, and Matthew, and her five grandchildren. He was preceded in death by his wife of 40+ years, JoAnn Dinsmoor Rose. Rose moved to New Mexico in 1949 and began his love affair with the West. From backpacking through the San Pedro Parks Wilderness (well, with a horse) to sailing his homemade Hobi on Cochiti Lake, to shooting his potato cannon at one too many mountain man rendezvous, to skiing at Sandia Peak, to enjoying a stirrup cup before the hunt with the Juan Tomas Hounds, he made the most of this land and this life. In 1982 Rose was appointed to the bench and with his customary focus, intelligence, cigarettes, and positive outlook, served for 16 years in positions including chief bankruptcy judge, judge on the Appellate Panel of the 10th Circuit, and visiting judge for districts of Kansas, Colorado, Utah and South Florida. He received an Outstanding continued on page 12 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 13 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 March 30, 2012 Petitions for Writ of Certiorari Filed and Pending: NO. 33,534 NO. 33,535 NO. 33,525 NO. 33,454 NO. 33,465 NO. 33,522 NO. 33,521 NO. 33,519 NO. 33,518 NO. 33,517 NO. 33,516 NO. 33,515 NO. 33,513 NO. 33,510 NO. 33,509 NO. 33,511 NO. 33,508 NO. 33,507 NO. 33,506 NO. 33,501 NO. 33,502 NO. 33,499 NO. 33,490 NO. 33,487 NO. 33,344 NO. 33,477 NO. 33,494 NO. 33,460 NO. 33,396 Date Petition Filed State v. Renolds COA 30,398 03/29/12 State v. Gonzales COA 31,720 03/27/12 State v. Rivera COA 31,414 03/26/12 Holly v. State 12-501 03/23/12 State v. Burton COA 30,685 03/22/12 Torres v. Montano COA 30,207 03/21/12 State v. Lopez COA 31,573 03/20/12 Hicks v. Eller COA 30,026 03/19/12 State v. Fierro COA 29,538 03/19/12 State v. Strand COA 31,330 03/19/12 State v. Thomas COA 29,982 03/19/12 State v. Maxwell COA 31,222 03/19/12 State v. Clayton COA 30,567 03/16/12 State v. Vite COA 29,984 03/15/12 State v. Toohey COA 31,635 03/15/12 State v. Ortiz COA 31,828 03/14/12 State v. Taylor COA 31,400 03/14/12 State v. Phillips COA 31,566 03/14/12 State v. Duran COA 31,346 03/12/12 Martinez v. NM Tax and Rev COA 31,829 03/12/12 Banos v. State COA 29,795 03/09/12 Response filed 3/26/12 Parmentier v. Lopez 12-501 03/09/12 Response ordered; due 4/12/12 Zuni Pub. Sch. v. NM Public Education Dept. COA 30,861 03/06/12 State v. Martinez COA 30,580 03/05/12 Pacheco v. Bari COA 30,916 03/05/12 Lopez v. Ahlgrim 12-501 02/29/12 Response filed 3/28/12 Trujillo v. Bravo 12-501 02/21/12 State v. Oscar H. COA 29,557 02/17/12 Response filed 3/26/12 State v. Bent COA 29,227 02/13/12 Response ordered; due 3/27/12 Certiorari Granted but not yet Submitted to the Court: (Parties preparing briefs) NO. 32,742 State v. Martinez NO. 32,804 State v. Servantez NO. 32,895 State v. Gonzales NO. 33,001 State v. Rudy B. NO. 33,014 State v. Crane NO. 33,046 State v. Munoz NO. 33,075 State v. Marchiondo Date Writ Issued COA 30,637 01/31/11 COA 30,414 02/07/11 COA 30,541 04/04/11 COA 27,589 06/08/11 COA 29,470 06/08/11 COA 30,837 07/21/11 COA 30,029 07/21/11 14 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 NO. 33,077 NO. 33,133 NO. 33,143 NO. 33,154 NO. 33,139 NO. 33,134 NO. 33,184 NO. 33,203 NO. 33,166 NO. 33,147 NO. 33,216 NO. 33,217 NO. 33,224 NO. 33,226 NO. 33,257 NO. 33,265 NO. 33,287 NO. 33,342 NO. 33,332 NO. 33,331 NO. 33,324 NO. 33,322 NO. 33,304 NO. 33,182 NO. 33,362 NO. 33,353 NO. 33,296 NO. 33,372 NO. 33,364 NO. 33,380 NO. 33,382 NO. 33,375 NO. 33,376 NO. 33,441 NO. 33,446 NO. 33,389 NO. 33,466 NO. 33,483 NO. 33,275 State v. Gonzales COA 28,700 Spencer v. Barber COA 29,390 State v. Owelicio COA 30,461 State v. Carillo COA 29,258 State v. Polson COA 31,138 Martinez v. Bustos 12-501 State v. Guthrie COA 29,863 State v. Davis COA 28,219 Christus St. Vincent Reg. Med. Ctr. v. Duarte-Afara COA 30,343 Prather v. Lyons COA 29,812 Flores v. Henderson COA 31,295 State v. Ramos COA 29,514 Bank of New York v. Romero COA 29,945 State v. Olsson COA 29,713 State v. Boyse COA 30,656/30,657 State v. Garcia COA 29,338 State v. Urioste COA 30,110 State v. Urquizo COA 30,337 Partida v. Motor Vehicle Division COA 31,460 Strausberg v. Laurel Healthcare COA 29,238 State v. Evans COA 31,331 Resource Lighting v. Rohde COA 30,013 State v. Hardy COA 29,583 Moongate Water Co. v. City of Las Cruces COA 27,889 Convisser v. Ecoversity COA 30,100 Flemma v. Halliburton Energy COA 29,933 State v. Gutierrez COA 29,997 Schultz v. Pojoaque TribalCOA 28,508 Nettles v. Ticonderoga COA 31,342 City of Rio Rancho v. Palenick COA 30,136 NM Human Serv. v. Starko, Inc. COA 29,016/27,922 State v. Cobrera COA 29,591 State v. Gonzales COA 29,843 State v. Torres COA 28,234 State v. Garcia COA 31,478 State v. Garcia COA 31,481 State v. Puliti COA 29,509 State v. Consaul COA 29,559 State ex rel. Solsbury Hill v. Liberty Mutual Ins. COA 30,068 08/05/11 09/09/11 09/09/11 09/12/11 09/20/11 09/22/11 10/03/11 10/04/11 10/12/11 10/25/11 10/25/11 10/25/11 10/25/11 10/27/11 11/04/11 11/17/11 12/07/11 01/06/12 01/06/12 01/06/12 01/06/12 01/06/12 01/06/12 01/09/12 01/17/12 01/17/12 01/25/12 01/30/12 02/06/12 02/06/12 02/13/12 02/14/12 02/16/12 03/02/12 03/13/12 03/13/12 03/20/12 03/23/12 03/23/12 Writs of Certiorari Certiorari Granted and Submitted to the Court: (Submission Date = date of oral argument or briefs-only submission) Submission Date NO. 32,524 Republican Party v. Taxation and Revenue Dept. COA 28,292 03/14/11 NO. 32,534 Bustos v. Hyundai Motor Company COA 28,240 04/11/11 NO. 32,695 Diamond v. Diamond COA 30,009/30,135 05/10/11 NO. 32,690 Joey P. v. Alderman-Cave Milling & Grain Co. COA 29,120 05/11/11 NO. 32,756 Lenscrafters, Inc. v. Kehoe COA 28,145 07/18/11 NO. 32,291 State v. Torres COA 29,603 08/16/11 NO. 32,589 State v. Ordunez COA 28,297 08/31/11 NO. 32,776 Sais v. New Mexico Dept. of Corrections COA 30,785 09/12/11 NO. 32,707 Smith L.L.C. v. Synergy Operating, L.L.C. COA 28,248/28,263 09/12/11 NO. 32,789 Chatterjee v. King COA 29,823 09/12/11 NO. 32,696 Herbison v. Chase Bank COA 30,630 09/13/11 NO. 32,483 State v. Jackson COA 28,657 09/28/11 NO. 32,697 State v. Amaya COA 28,347 09/28/11 NO. 32,868 Nunez v. Armstrong General Contractors COA 29,522 10/11/11 NO. 32,844 Gonzalez v. Performance Paint, Inc. COA 29,629 10/11/11 NO. 32,510 State v. Swick COA 28,316 10/12/11 NO. 32,713 Bounds v. D’Antonio COA 28,860 10/13/11 NO. 32,717 NM Farm and Livestock Bureau v. D’Antonio COA 28,860 10/13/11 NO. 32,942 Schuster v. Taxation and Revenue Dept. COA 30,023 11/14/11 NO. 32,704 Tri-State v. State EngineerCOA 27,802 11/14/11 NO. 32,915 State v. Collier COA 29,805 11/15/11 NO. 32,944 Freedom C. v. Brian D. COA 30,041 11/15/11 NO. 32,430 State v. Muqqddin COA 28,474 11/16/11 NO. 32,632 State v. Dominguez-Meraz COA 30,382 11/16/11 NO. 32,941 Titus v. City of Albuquerque COA 29,461 11/16/11 NO. 32,800 State v. Spearman COA 30,493 11/30/11 http://nmsupremecourt.nmcourts.gov. NO. 33,011 NO. 33,013 NO. 32,968 NO. 32,985 NO. 32,987 NO. 32,937 NO. 32,876 NO. 32,860 NO. 32,939 NO. 33,070 NO. 33,023 NO. 33,135 NO. 32,943 NO. 32,605 NO. 32,940 NO. 33,083 NO. 32,976 NO. 33,008 NO. 33,136 NO. 33,057 NO. 33,383 NO. 33,384 Felts v. CLK Management, Inc. COA 29,702/30,142 Felts v. CLK Management, Inc. COA 29,702/30,142 Sunnyland Farms, Inc. v. Central NM Electric COA 28,807 Helena Chemical Co. v. Uribe COA 29,567 Helena Chemical Co. v. Uribe COA 29,567 SF Pacific Trust v. City of Albuquerque COA 30,930 Gonzales v. State 12-501 State v. Stevens COA 29,357 United Nuclear Corp. v. Allstate Insurance Co. COA 29,092 Montoya v. City of Albuquerque COA 29,838 State v. Gurule COA 29,734 Horne v. Los Alamos National Security COA 29,822 State v. Hall COA 29,138 State v. Franco COA 30,028 State v. Vest COA 28,888 Martinez v. Department of Transportation COA 28,661 State v. Olson COA 29,010 State v. Lasky COA 28,782 State v. Bent COA 29,227 State v. Turrietta COA 29,561 Starko Inc. v. Presbyterian COA 29,016/27,992 Starko Inc. v. Presbyterian COA 27,992/29,016 12/12/11 12/12/11 12/12/11 12/13/11 12/13/11 12/14/11 01/09/12 01/10/12 01/30/12 01/30/12 01/30/12 03/13/12 03/26/12 03/28/12 03/28/12 04/09/12 04/09/12 04/11/12 04/30/12 04/30/12 03/30/12 03/30/12 Petition for Writ of Certiorari Denied: NO. 33,349 NO. 33,496 NO. 33,495 NO. 33,491 NO. 33,488 NO. 33,492 NO. 33,470 State v. Griffin State v. Macias-Martinez State v. Arguello State v. Avellone State v. Anaya Dominguez v. Garcia State v. Ordunez Date Order Filed COA 31,408 03/28/12 COA 30,077 03/28/12 COA 31,569 03/28/12 COA 31,279 03/28/12 COA 31,640 03/28/12 12-501 03/27/12 12-501 03/27/12 Bar Bulletin - April 11 2012 - Volume 51, No. 15 15 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 March 30, 2012 Published Opinions Date Opinion Filed No. 30172 2nd Jud Dist Bernalillo CV-08-12444, CV-09-13302, P ZHAO v K MONTOYA (remand) No. 26757 2nd Jud Dist Bernalillo CV-04-5036, J CARANGELO v STATE ENGINEER (affirm in part, reverse in part and remand) 3/28/2012 3/29/2012 No. 30470 2nd Jud Dist Bernalillo YR-07-15, STATE v V MONTOYA (affirm) 3/29/2012 No. 30597 3rd Jud Dist Dona Ana CR-09-841, STATE v P NATONI (affirm) 3/30/2012 Unpublished Opinions No. 31261 2nd Jud Dist Bernalillo CV-09-9672, US BANK NATIONAL v D GALLEGOS (affirm) 3/26/2012 No. 31662 3rd Jud Dist Dona Ana CR-08-731, STATE v P FRAYER (affirm) 3/26/2012 No. 31783 12th Jud Dist Otero CR-05-250, STATE v C BATTLE (affirm) No. 29440 13th Jud Dist Valencia CR-07-57, STATE v J WINDSOR (affirm) No. 31057 5th Jud Dist Chaves JQ-09-39, CYFD v RAQUEL M (affirm) No. 31166 9th Jud Dist Curry CR-07-331, STATE v T MAYFIELD (affirm) No. 31242 2nd Jud Dist Bernalillo CR-09-3772, STATE v J MARTINEZ (affirm) 3/28/2012 No. 31744 6th Jud Dist Grant CR-08-63, STATE v D MUNOZ (affirm) 3/28/2012 No. 31769 2nd Jud Dist Bernalillo DV-09-811, R GABALDON v M MONTANO (affirm) 3/28/2012 3/26/2012 3/27/2012 3/27/2012 3/27/2012 No. 31794 2nd Jud Dist Bernalillo LR-08-87, STATE v L GUTIERREZ (affirm) 3/28/2012 No. 31719 11th Jud Dist San Juan CR-11-367, STATE v R TAFOYA (affirm) 3/29/2012 No. 31810 2nd Jud Dist Bernalillo CV-11-5564, R COX v A LOHMANN (affirm) 3/29/2012 No. 31227 1st Jud Dist Rio Arriba JQ-09-21, CYFD v BIANCA S (affirm) 3/30/2012 Slip Opinions for Published Opinions may be read on the Court’s website: http://coa.nmcourts.gov/documents/index.htm 16 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 Clerk’s Certificates From 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 Clerk’s Certificate Dated March 20, 2012 Clerk’s Certificate of Address and/or Telephone Changes Joseph Oliver Allred 107 Bryn Mawr Drive SE Albuquerque, NM 87106 505-730-0361 505-435-9002 (fax) joeallredlaw@gmail.com Arthur Bailey, III Arthur Bailey PC 1440-B S. St. Francis Drive Santa Fe, NM 87505 505-954-4808 505-983-2502 (fax) abailey@cybermesa.com Jason M. Burnette German & Associates LLC 12836 Lomas Blvd. NE, Suite G Albuquerque, NM 87112 505-407-2293 505-275-1283 jason@germanassociates. com Gerald M. Byers Office of the District Attorney 108 E. Poplar Street Deming, NM 88030 575-546-6526 575-546-0336 (fax) GByers@da.state.nm.us David Kale Clements Office of the District Attorney 845 N. Motel Blvd., Second Floor, Suite D Las Cruces, NM 88007 575-524-6370 575-647-8512 (fax) dclements@da.state.nm.us Yvonne Janette Co 30679 Palos Verdes Drive E Rancho Palos Verdes, CA 90275 310-622-3347 coyvonne@aol.com Stephen P. Curtis Stephen P. Curtis, Attorney at Law PC 6747 Academy Road NE, Suite D Albuquerque, NM 87109 505-884-9999 505-884-1404 (fax) abqcurtis@gmail.com Crystal Anson Hyer Thirteenth Judicial District Court PO Box 600 1500 Idalia Road, Bldg. A Bernalillo, NM 87004-0600 505-771-7170 505-867-5161 (fax) berdcah@nmcourts.gov Lisa Anne Elizondo The Law Office of Lisa A. Elizondo 2504 Montana Avenue El Paso, TX 79903 915-351-2775 915-351-2776 (fax) lelizondo@elizondolawep. com Bradford C. Jones Office of the Attorney General 1525 Sherman Street, 4th Floor Denver, CO 80203 303-866-3307 303-866-5443 (fax) bradford.jones@state.co.us Casey Bruce Fitch The Furth Law Firm PA 780 South Walnut, Suite 5 Las Cruces, NM 88001 575-522-3996 575-532-5815 (fax) casey.fitch.furthfirm@gmail. com Zackeree S. Kelin Kelin Law Firm PC 111 Tulane Drive SE Albuquerque, NM 87106 505-242-7200 505-213-3399 (fax) z.kelin@kelinlaw.com Derek V. Garcia Law Office of Derek V. Garcia, Esq. PO Box 53603 Albuquerque, NM 87153-3603 505-323-9640 505-323-9640 (fax) derek@derekgarcialaw.com Philomena M. Hausler Kelin Law Firm PC 111 Tulane Drive SE Albuquerque, NM 87106 505-242-7200 505-213-3399 (fax) p.hausler@kelinlaw.com Kelly Huddleston Huddleston Law LLC 1418 Miracerros Loop South Santa Fe, NM 87505 505-490-6415 kelly@khuddlestonlaw.com Michael Alan Lane LA Mesa Law Firm PC PO Box 1020 1319 Trinity Drive Los Alamos, NM 87544-1020 505-662-7205 505-662-7208 (fax) mike@lajuris.com Christopher C. Marlowe Law Offices of Christopher C. Marlowe PC 2040 Fourth Street NW Albuquerque, NM 87102 505-350-6533 505-243-6735 (fax) cmarlowelaw@gmail.com Mollie C. McGraw McGraw & Strickland LLC 1014 S. Main Street, Suite C Las Cruces, NM 88005 575-323-1529 575-680-1200 (fax) mollie@nmlawyers.org Kurt C. Olsen J357 LLC 5890 Stoneridge Drive, Suite 102 Pleasonton, CA 94588 Maria E. Owen 11765 West Avenue, #137 San Antonio, TX 78216 505-217-9930 480-393-4684 (fax) attorneys@canales-owen. com Marshall J. Ray N.M. Department of Workforce Solutions PO Box 1928 401 Broadway NE Albuquerque, NM 87103-1928 505-841-8471 505-841-9024 (fax) Marshall.Ray@state.nm.us J. Philip Smith Randolph L. Marsh PC 935 West Glade Road Hurst, TX 76054 888-960-4543 Ext. 614 817-776-8184 (fax) psmith@petrocounsel.com Richard Wayne Staff Harrison, Bettis, Staff, McFarland & Weems LLP 1415 Louisiana Street, Floor 37 Houston, TX 77002-7360 713-843-7850 713-843-7901 (fax) richard.staff@harrisonbettis. com Harold Duane Stratton, Jr. Brownstein Hyatt Farber Schreck LLP 201 Third Street NW, Suite 1700 Albuquerque, NM 87102-4386 505-724-9596 505-244-9266 (fax) hstratton@bhfs.com Bar Bulletin - April 11, 2012 - Volume 51, No. 15 17 Clerk’s Certificates Scott Sweeney Wilson Elser Moskowitz Edelman & Dicker LLP 1512 Larimer Street, Suite 550 Denver, CO 80202 303-572-5324 303-572-5301 (fax) Scott.Sweeney@wilsonelser. com Stephen A. Vigil NM Supreme Court PO Box 848 237 Don Gaspar Avenue (87501) Santa Fe, NM 87504-0848 505-827-3899 505-827-4837 (fax) supsav@nmcourts.gov J. Bart Wright NM Department of Health PO Box 26110 1190 S. St. Francis Drive, Suite N-4095 (87505) Santa Fe, NM 87502-6110 505-827-2997 505-827-2930 (fax) Joey.Wright@state.nm.us Clerk’s Certificate of Name Change As of March 13, 2012: Francine M. Jaramillo formerly known as Francine M. Hatch 400 Tribal Road 11 Bosque Farms, NM 87068 505-916-6102 (new) fmjaramillo@q.com (new) As of March 19, 2012: Joe Lennihan formerly known as C. Joseph Lennihan PO Box 23136 1012 Marquez Place, Unit 309A (87505-1697) Santa Fe, NM 87502-3136 505-216-9300 jlennihan4@gmail.com William Zarr Office of the District Attorney 520 Lomas Blvd. NW Albuquerque, NM 87102 505-841-7088 505-841-7269 (fax) wzarr@da2nd.state.nm.us 18 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 http://nmsupremecourt.nmcourts.gov. Clerk’s Certificate of Reinstatement to Active Status Aas of March 23, 2012: Stefen Wasserman Sloane 113 Circle Santa Fe, NM 87501 Clerk’s Certificate of Change to Inactive Status Effective March 9, 2012: Leesa Barnes Logan 1230 Bellaire Drive Grapevine, TX 76051 Effective March 7, 2012: Andrea Guendelman 1564 North Street Boulder, CO 80304 Clerk’s Certificate of Withdrawal Eeffective March 21, 2012: Peggy Ann Big Eagle 2407 NW 31st Street Oklahoma City, OK 73112 Effective March 21, 2012: Carol A. Koller PO Box 28572 Seattle, WA 98118-8572 Effective March 19, 2012: Ronald B. O’Dowd 6228 Abiquiu Pl. NE Albuquerque, NM 87111 In Memoriam As of October 8, 2011: Phyllis A. Palmieri PO Box 2812 Morganton, NC 28680-2812 As of April 27, 2010: Paul Jonathan Ruskin PO Box 25647 Christiansted, VI 00824 As of February 26, 2012: Joseph D.R. Sena 2 Grazing Elk Road Santa Fe, NM 87506-7237 Recent Rule-Making Activity 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 April 11, 2012 Pending Proposed Rule Changes Open for Comment: 4A-100 4A-301 4A-302 4A-303 4A-304 Rules of Appellate Procedure 12-603 Comment Deadline Domestic relations forms; instructions and cautions regarding use of forms Verified Petition for Dissolution of Marriage (Without Children) Verified Petition for Dissolution of Marriage (With Children) Response and Counterclaim Entry of Appearance Pro Se 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 Recently Approved Rule Changes Since Release of 2012 NMRA: 03/01/12 02/17/12 02/06/12 02/06/12 Rules of Criminal Procedure for the District Courts Disclosure by the defendant 02/06/12 Rules of Criminal Procedure for the Magistrate Courts 6-503 Disposition without hearing Disposition without hearing 01/31/12 Disposition without hearing 01/31/12 01/31/12 Criminal Forms 9-104B Appearance, plea and waiver 05/26/12 05/19/12 05/19/12 05/12/12 01/01/12 Rules Governing Discipline 17-206 Types of discipline 17-209 Resignation by attorneys under investigation 17-210 Reciprocal discipline 17-212 Resigned, disbarred or suspended attorneys 17-213 Appointment of counsel 17-214Reinstatement 17-306 Required presence of attorney; subpoena power 17-307 Investigation of complaints 17-313Hearings 03/05/12 04/05/12 04/05/12 04/05/12 04/05/12 04/05/12 04/05/12 04/05/12 04/05/12 17A-005 Composition and officers of the commission01/01/12 Rules of Legal Specialization Rules of Procedure for the Municipal Courts 8-503 13-2304 Retaliatory discharge 13-2006 All jurors to participate 13-2320 Special verdict form for wrongful discharge cases 13-832 Good faith and fair dealing Rules Governing the Client Protection Fund Rules of Criminal Procedure for the Metropolitan Courts 7-503 UJI–Civil 15-301.2 Legal services provider limited law license Rules of Civil Procedure for the District Courts 5-502 03/05/12 03/01/12 04/20/12 Rules Governing Admission to the Bar Effective Date 1-096 Challenge of nominating petition 1-030 Depositions pon oral argument 1-001 Scope of rules; definitions 1-004Process Appeals in actions challenging candidates or nominating petitions; primary or general elections; school board recalls and recalls of elected county officials 12-405Opinions 12-309 Motions effective 01/31/12 19-101 Board of Legal Specialization; title 01/01/12 Rules Governing the Recording of Judicial Proceedings 22-101 22-203 22-501 Scope; definitions; title Application; qualifications; renewal of certification Examination standards 01/27/12 01/27/12 01/27/12 Rules for Review of JSC 27-401 Disposition 03/05/12 To view all pending proposed rule changes (comment period open or closed), visit the New Mexico Supreme Court’s website at http://nmsupremecourt.nmcourts.gov. To view recently approved rule changes, visit the New Mexico Compilation Commission’s website at http://www.nmcompcomm.us. Bar Bulletin - April 11, 2012 - Volume 51, No. 15 19 Access to Opinions from the New Mexico Supreme Court and the New Mexico Court of Appeals is provided online by the Compilation Commission. Visit http://www.nmcompcomm.us SHEEHAN & SHEEHAN, P.A. Attorneys at Law | Est. 1954 Wishes to Congratulate BRIGGS CHENEY TIMOTHY SHEEHAN QUENTIN SMITH BARBARA STEPHENSON WENDY YORK Professional Liability: Defense Construction Litigation Employment Litigation: Defense Employment Litigation: Defense Alternative Dispute Resolution Rising Star for their recognition by Super Lawyers В® 2012 PO Box 271 | Albuquerque, NM | 87103 | T 505.247.0411 | F 505.842.8890 SheehanSheehan.Com Gratefully accepting referrals in the areas of: Auto Accidents • Trucking Accidents • Wrongful Death • Slip & Fall Accidents • Premises Liability • Uninsured Motorist Claims • Insurance Bad Faith • GAL (minor settlements) • Criminal Defense 1000 Second Street NW Albuquerque, New Mexico 87102 Tel (505) 242-6267 Fax (505) 242-4339 www.mattvancelaw.com mattvance@mattvancelaw.com Bar Bulletin - April 11, 2012 - Volume 51, No. 15 29 New Mexico Lawyers and Judges assistaNce PrograM You don’t have to manage alone New Mexico Lawyers and Judges Assistance Program (NMJLAP) provides free, confidential assistance to law students and members of the New Mexico bench and bar to help identify and address problems with alcohol, drugs, depression, and other mental health issues. NMJLAP assists in reducing public harm caused by impaired members of the legal profession and helps improve the health and welfare of its members by facilitating early intervention and treatment. Help and Support are only a phone call away. Confidential assistance – 24 hours every day. Judges call 888-502-1289 Lawyers and law students call 505-228-1948 or 800-860-4914 http://www.nmbar.org/JLAP/JLAP.html WILLIAM F. DAVIS & ASSOC., P.C. VASHTI LOWE, ESQ., formerly an Assistant District Attorney for Bernalillo County, has joined William F. Davis & Assoc., PC. She is experienced in DWI Litigation, Misdemeanor and Felony Practice, and will also practice in the area of bankruptcy law and commercial litigation. Member Benefit credit card processing Recommended by over 60 bar associations! (505) 243-6129 • 1-800-675-6129 www.nmbankruptcy.com 6709 Academy NE, Ste A, Albuquerque, NM 87109 Call 866.376.0950 or visit www.affiniscape.com/nmbar “AffiniPay” is a registered ISO/MSP of Harris, N.A., Chicago, IL. 30 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 New Mexico Trial lawyers 31sT aNNual updaTe oN New Mexico TorT law April27,2012•6.5CLECredits•MarriottAlbuquerquePyramidNorth•5151SanFranciscoRoadNE•Albuquerque,NewMexico SPEAKERSINCLUDEEXPERIENCEDANDHIGHLYREGARDEDNEWMEXICOTRIALLAWYERS Program Schedule 8:15 a.m. Registration/Check-in 1:45 p.m. 8:45 a.m. Practice Tips Randi McGinn, Esq. Billed vs. Paid: Where Are We? David M. Houliston, Esq. 2:15 p.m. 9:30 a.m. The Lawyers Assistance Program Jill Anne Yeagley Top 10 Things Every PI Lawyer Needs to Know About Workers Comp Gerald A. Hanrahan, Esq. 9:40 a.m. Survey of the Law of Professional Malpractice Daymon B. Ely, Esq. 3:00 p.m. Break 3:15 p.m. 10:30 a.m. Break Delfino and Meteor: The New Era of Dram Shop and Social Host Liability Jane B. Yohalem, Esq. 10:45 a.m. So You Think You Know The Rules Of Evidence: Think Again. The Restyled Rules Are Here. George Bach, Esq. 11:40 a.m. Legislative Update Peter Mallery, Esq. and David J. Jaramillo, Esq. 11:50 a.m. Lunch (on your own) 1:00 p.m. Insurance Update Maureen Sanders, Esq. Pleasereturnto:NewMexicoTrialLawyers’Foundation P.O.Box27529,Albuquerque,NM87125-7529 4:00 p.m. 4:30 p.m. Pending Appeals of the NMTLA Amicus Committee Michael B. Browde, Esq. What’s Coming Down the Pike and Other Pending Cases on Appeal David J. Stout, Esq. 5:00 p.m. Adjourn David J. Jaramillo, Program Co-Chair Bruce E. Thompson, Program Co-Chair Payment qCheckEnclosed qVisa qMasterCard qAmex Toregisterwithacreditcardcompleteregistrationformincludingcreditcard informationandfaxformto243-6099orcall243-6003. TUITION (After April 20, 2012 increases by $10) q NMTLAMember................................................................................$210.00 (IfyouareattendingtheseminarandjoiningNMTLA,pleasesendtwo checks,onefortheseminarandoneforyourdues) q NonMemberAttorney.........................................................................$260.00 q Paralegal................................................................................................$80.00 (Attorneymustalsoberegisteredforthisprogram Attorneyattending:____________________________________________ ) q UNMLawSchoolStudentChapterMember........................................$45.00 q NMTLAPublicInterestAttorneyMember.........................................$134.00 q Full-timeJudicialClerk-noMCLECredits...........................................$0.00 MCLECreditsreported...........................................................................$0.00 q Full-timeJudgeorAppellateLawClerk(Must pre-register) no MCLECredits....................................................................................$0.00 MCLECreditsreported...........................................................................$0.00 q Icannotattendtheseminar.Pleasesendthe: NMTLAMembersNon-members CourseMaterials q $25.00 q $40.00 q $130.00 CourseMaterials&AudioTape q $80.00 CardNo.________________________________________________________ Exp.Date:____________________________ CVCCode: ________________ BillingAddress: __________________________________________________ ____________________________________________Zip_________________ Signature________________________________________________________ (cardholdersignaturerequired) InPractice: q Lessthan5years q 5-10years q Over10years Name___________________________________________________________ NMBarIDNo.___________________________________________________ Firm____________________________________________________________ MailingAddress __________________________________________________ City/State/Zip:____________________________________________________ Phone:__________________________________________________________ Fax:____________________________________________________________ E-mail__________________________________________________________ Bar Bulletin - April 11, 2012 - Volume 51, No. 15 31 Features: • 12 page supplement to the Bar Bulletin • Full color publication • Published 4 times a year • Falls centerfold in Bar Bulletin • Cover notification To reserve your ad space please contact: Marcia Ulibarri 505.797.6058 | mulibarri@nmbar.org 32 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 COMPLETE PRIVATE BANKING SERVICES FOR YOUR CLIENTS. COMPLETE PEACE OF MIND FOR YOU. You’ve earned your clients’ trust. Your reputation depends on it. That’s why we offer local, tenured professionals to meet your clients’ needs. Comprehensive solutions. And consideration for your clients’ security and privacy, not just their money. We know the value of trust. And we’ll protect yours. Give us a call, or better yet, let us come see you. Private Banking | Fiduciary Services | Investment Management Wealth Advisory Services | Specialty Asset Management 505.837.4200 | www.bankofalbuquerque.com В©2012 Bank of Albuquerque, a division of BOKF, NA. Member FDIC. Equal Opportunity Lender. Considering a settlement? Registration is now open for • Structured Settlements • Settlement Analysis & Advice “Public Access to Government” a 6-credit CLE presented by The NM Foundation for Open Government March 18, 2012 in Albuquerque Tuition: $199 for NMFOG members $249 for non-members Taught by experts in the field! All proceeds to benefit NMFOG. Go to www.nmfog.org for information and registration. Planning Your local structured settlement provider. Susan M. Morrison, JD, CFPВ® Investment Advisor Representative of TFA (505) 433-2255 • Susan@QFPNM.com QFinancialPlanning.com Investment Advisor Representative with securities and investment advisory services oп¬Ђered through Transamerica Financial Advisors, Inc. (TFA). Member FINRA, SIPC and Registered Investment Advisor. Q Financial Planning is not aп¬ѓliated with TFA. Non-securities products and services are not oп¬Ђered through TFA. Neither TFA nor its representatives provide legal or tax advice. Persons who provide such advice do so in a capacity other than as a representative of TFA. LD42387-12/11 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 33 Walter M. Drew Construc)on В Defects В Expert 40 В years В of В experience Construc)on-В‐quality В disputes between В owners/contractors/ В architects, В slip В and В fall, В building inspec)ons, В code В compliance, cost В to В repair, В standard В of В care (505) В 982-В‐9797 CIVEROLO, GRALOW, HILL & CURTIS, P.A. Is proud to announce that JUSTIN ROBBS & waltermdrew@gmail.com STEFEN WASSERMAN SLOANE Have joined the Firm as Associates (505) 988-2826 • jbyohalem@gmail.com BASSHEAD WRITERS GROUP Beyond Legalese... Briefs - Settlement Brochures - Research 866.207.8990 bassheadwriters@gmail.com 34 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 20 First Plaza NW, Suite 500 Albuquerque, NM 87102 505-842-8255 www.civerolo.com Juliana Garcia, D.O. Professional Medical Evaluations, P.C. 1100 Lomas Blvd. NW, Suite 1 Albuquerque, NM 87102 Phone: 505-242-0800 • Fax: 505-242-0801 Independent Medical Evaluations (IME) Medical File Reviews & Personal Injury IME Panels & Impairment Ratings Second Opinions & Fitness for Duty Dr. Garcia and her staff look forward to providing the quality reports and service you expect. David Stotts Attorney at Law Business Litigation Real Estate Litigation 242-1933 No need for another associate Bespoke lawyering for a new millennium THE BEZPALKO LAW FIRM Legal Research and Writing Vallecitos Mountain Ranch (505) 341-9353 www.bezpalkolawfirm.com A Wilderness leArning & retreAt Center Mindfulness 101: Taking Charge of Your Life An Intensive Training in the Basics of Mindfulness Practice with Grove Burnett, nationally known lawyer, meditation teacher & trainer. May 17-20, 2012 CLE Credits: 5.0 Legal Ethics and Professionalism Come get your CLEs in one of the most beautiful mountain landscapes of northern New Mexico! To register, visit vallecitos.org or call 575.751.9613. SUBMiSSioN DeADliNeS All advertising must be submitted via e-mail by 4:00 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 ads@nmbar.org Bar Bulletin - April 11, 2012 - Volume 51, No. 15 35 MEDIATION AND ARBITRATION OF CONSTRUCTION-RELATED DISPUTES NEW MEXICO PUBLIC WORKS ACT MEDIATIONS John W. Rebstock (505) 977-6133 jrebstocklaw@gmail.com Attorney at Law (licensed in NM & TX). Professional Engineer (licensed in TX). American Arbitration Association-Panel of Construction Arbitrators. 35 years of construction industry experience. Classified Positions Assistant District Attorney The Fifth Judicial District Attorney’s office has immediate positions open to a new or experienced attorney. Salary will be based upon the District Attorney Personnel and Compensation Plan with starting salary range of an Associate Trial Attorney to a Senior Trial Attorney ($50,000.00 to $72,575.00). Please send resume to Janetta B. Hicks, District Attorney, 400 N. Virginia Ave., Suite G-2, Roswell, NM 88201-6222 or e-mail to jhicks@ da.state.nm.us. Attorney Master The Children, Youth and Families Department is seeking to fill an Attorney Master Vacancy Position. Salary range is $43-$76K annually; depending on experience and qualifications. The attorney will represent the Department in abuse/neglect, termination proceedings and special projects. The ideal candidate will have experience in the practice of law totaling of at least six years, two of which must include direct significant substantial experience in representation of the Department or parents of children in abuse/neglect or dependency cases, TPR cases and New Mexico licensure is required. The position will be housed in Albuquerque New Mexico. Positions Benefits include medical, dental, vision, paid vacation, and a retirement package. This position will close on April 20, 2012. For information on submitting applications, please contact Deborah Gray at (505) 841-7819 or e-mail deborah.gray@state.nm.us. To apply for these positions go to www.state.nm.us/spo/. The State of New Mexico is an EOE. Attorney Seeking attorney to handle residential foreclosure and related cases. No billable hours requirement. Prior foreclosure, real estate title, &/or litigation experience required. Fax cover letter, resume, salary requirements & references to Susan C. Little, 254-4722 or mail to PO Box 3509, Alb 87190 Paralegal/Legal Assistants The Paralegal/Legal Assistant will be responsible for legal support and assistance to the senior litigation attorneys in both in-house litigation and the senior attorneys’ supervision of outside counsel in litigation. Under the guidance and direction of the senior litigation attorneys, the Paralegal/Legal Assistant must be able to deal with highly complex litigation issues, must have knowledge of statutory and procedural law in New Mexico, must be familiar with state and federal courts and the timely filing of legal documents. Education: Associates Degree in Paralegal Studies and/or Certificate in Paralegal Studies is required for this position. (2 years of work experience in addition to the experience requirement may be substituted for degree/certificate) Experience: 5 years experience drafting and preparing legal correspondence, conducting legal research and maintaining a case management/tracking system. i.e. Pro Law. Licensed/Certification/ Registration or Specialized Training: Preferred, however, not required: A Member of State Bar Paralegal Division may also be substituted for 2 years experience. To be considered, you must apply through the State Personnel Office website: http//www.spo.state.nm.us. between 4/11/2012 thru 4/25/2012 by 11:59pm. One Full Time and One Part Time Attorney The offices of Jay Goodman and Associates Law Firm PC is seeking one full time and one part time attorney to represent clients at our Santa Fe Office. Candidates must be licensed and in good standing with over 7 years’ experience in Family Law, Probate, Estate Planning, Guardianships, and/or Civil Litigation. Strong writing, research, computer, and litigation experience required. All replies will be maintained as confidential. Send resume and references to jay@jaygoodman.com. 36 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 Position Announcement Research and Writing Specialist Albuquerque, NM 2012-03 The Federal Public Defender for the District of New Mexico is seeking a full time, experienced Research and Writing Specialist for the main office in Albuquerque. The Federal Public Defender operates under authority of the Criminal Justice Act, 18 U.S.C. В§ 3006A, and provides legal representation in federal criminal cases and related matters in the federal courts. The Research and Writing Specialist is an attorney position that provides advanced research and writing services to staff attorneys on trial and appellate cases, performs computer assisted legal research, aids in the development of legal strategies, writes briefs, motions, petitions for certiorari, and legal memoranda for review by the Defender and staff attorneys. General duties include examining, analyzing and researching records and issues, performing legal research and preparing legal documents, assisting AFD staff with all aspects of case preparation, training, continuing legal education and supervision of legal interns as appropriate. The Research and Writing Specialist does not ordinarily sign pleadings or make court appearances. Minimum qualifications include graduation from an accredited law school, admission to practice in good standing before the highest court of a state, and a working knowledge of federal criminal law and procedure. Candidates must be able to analyze legal issues from lengthy, complex records, write clearly and concisely, and have strong computer automation skills. Prior appellate writing experience, law review membership or a judicial law clerkship are desirable. This is a full-time position with federal salary and benefits based upon qualifications and experience. Pay ranges from a JSP 9-15, $47,448 to $147,857 annually depending on experience. Research and Writing Specialists may not engage in the private practice of law. All employees are subject to mandatory electronic fund transfer (direct deposit) for payment of net pay. The selected candidate will be subject to a background check as a condition of employment. The Federal Public Defender is an equal opportunity employer. Please submit a statement of interest, detailed resume of experience, and three references to: Stephen P. McCue, Federal Public Defender, 111 Lomas Blvd. NW, Suite 501, Albuquerque, NM 87102. Writing samples will be required only from those selected for interview. Applications must be post marked by April 27, 2012. Position subject to availability of funding. Associate Attorney– The law firm of Thuma & Walker, P.C. is seeking an associate attorney with experience in commercial law, commercial litigation, and commercial bankruptcy. The applicant must be intelligent, well educated, hard working, and have good writing skills. Salary DOE. Pleasant working environment, good benefits. Send cover letter with resume to Thuma & Walker, P.C., 500 Marquette, NW, #650, Albuquerque, NM 87102, or twalker @thumawalker.com. www.nmbar.org Lawyer-Advanced (PRC #6200) This position is responsible for providing legal counsel to all Public Regulation Commission divisions in the regulation of utilities (electric, gas, telecommunications, water, and sewer), transportation (including common motor carriers, ambulance standards, and pipeline safety), insurance, State Fire Marshal’s Office, and administrative services (including corporations). The Legal Division also represents PRC staff in proceedings before the Commission, and provides counsel to the Commission in matters not involving advice on contested proceedings, including personnel and employment matters. Salary range: $20.70 - $36.80.00 hourly. TO APPLY: please visit www.spo.state. nm.us by 4/17/2012. For more information contact Rene Kepler at 827-4324. The State of NM is an Equal Opportunity Employer. New Mexico Public Defender Department Request For Proposal The New Mexico Public Defender Department is issuing a Request for Proposal (RFP) for currently licensed New Mexico attorneys to serve as contract Public Defenders from November 1, 2012 to October 31, 2014. Contractors are needed in the following areas: Trial attorneys for felony, juvenile, or misdemeanor cases in all judicial districts statewide and appellate attorneys for magistrate and metropolitan court appeals to district court or to the New Mexico Court of Appeals and Supreme Court. This RFP is directed to all categories of respondents including attorneys who currently have legal services contracts with the Public Defender, attorneys who currently have limited “small” contracts which were not previously issued in response to an RFP and attorneys without contracts with the Public Defender. Requests for a copy of the RFP and contract or general questions may be addressed to Cheryl Engelke, cheryll.engelke@state.nm.us. Written inquiries regarding legal questions pertaining to this RFP may be sent to davidt.eisenberg@state. nm.us. Only hard copy submissions of proposals with original signatures will be accepted. Proposals may not be sent via fax or e-mail. Deadline for submission is June 15, 2012 at 2pm MST. Late proposals will not be accepted. This contract procurement conforms to the requirements of Section 13-1-21 to 13-1-199, NMSA 1978. Associate Position - Albuquerque Montgomery & Andrews is accepting applications for an associate position in its Albuquerque office. The position is for an attorney with a minimum of 5 years of litigation experience. All inquiries shall be kept confidential. Please send a cover letter and resume to Montgomery & Andrews, Attn: Hiring Partner, P.O. Box 2307, Santa Fe, New Mexico, 87504-2307. Email responses may be submitted to bmoore@ montand.com. Assistant Attorney General The Litigation Division of the Attorney General’s Office, an EEO employer, is accepting resumes for an “exempt” (not classified) attorney for the position of Assistant Attorney General located in Santa Fe. The work will consist of administrative prosecutions on behalf of various state licensing boards and civil litigation matters on behalf of the State of New Mexico in state and federal courts. A minimum of 8 years of civil litigation experience is required. NM bar admission is required. Salary is commensurate with experience. Resume, writing sample and minimum of three professional references must be received at the Office of the Attorney General by 5:00 p.m. on April 20, 2012. Send all information to: Dennis Martinez, HR Manager, PO Drawer 1508, Santa Fe, NM 87504-1508. Associate Attorney Riley, Shane & Keller, P.A., an Albuquerque AV-rated defense firm, seeks an Associate Attorney for an Appellate / Research & Writing position. We are seeking a person with appellate experience as well as skill and interest in writing. The position will be part-time to full-time with flexibility as to schedule and off-site work opportunity. We offer an excellent benefits package. Salary is negotiable. Please mail, fax or e-mail resumes, references and several examples of your writing to our office at 3880 Osuna Rd., NE, Albuquerque, NM 87109 c/o Office Manager, (fax) 505-883-4362 or gglennon@rsk-law.com. Lawyer-Advanced (PRC #00004206 and #00043484) (2 positions) Associate Position - Santa Fe Montgomery & Andrews is accepting applications for an associate position in its Santa Fe office. The position is for an attorney with a minimum of 5 years of litigation experience. All inquiries shall be kept confidential. Please send a cover letter and resume to Montgomery & Andrews, Attn: Hiring Partner, P.O. Box 2307, Santa Fe, New Mexico, 87504-2307. Email responses may be submitted to bmoore@ montand.com. Associate Attorney Busy personal injury law firm is currently seeking full time associate attorney to handle Personal Injury cases. Spanish speaking preferred but not required. Candidates must be highly motivated, client oriented and will enjoy working in a fast-paced environment. Candidates must be licensed to practice in the state of New Mexico. Salary competitive and commensurate to experience and qualifications. Please e-mail resume to attorneyad12@yahoo.com. Legal Secretary/Assistant Legal secretary/assistant w/extensive commercial civil litigation and practice management experience for established law firm. Seeking professional, organized, and highly skilled individual with attention to detail. Excellent computer/word processing skills required. All inquiries confidential. Competitive benefits. Office Manager, Atkinson, Thal, & Baker, P.C. 201 Third Street NW, Suite 1850, Albuquerque, NM 87102 or Fax to 505-764-8374. Courier/Receptionist/Admin. Clerk These positions in the Office of General Counsel serve as legal counsel to the Commission. The incumbents advise the Commission on legal issues regarding matters pending before the Commission and on matters pertaining to the agency’s operation. They also draft Commission orders and rules, review and draft legislation, coordinate with technical experts advising the Commission, represent the Commission in challenges to orders brought in, e.g., the New Mexico Supreme Court and US District and Circuit Courts, and assist the Commission in docket control and public information matters. Salary range: $20.70 - $36.80.00 hourly. TO APPLY: please visit www.spo.state.nm.us by 4/17/2012. For more information contact Rene Kepler at (505) 827-4324. The State of NM is an Equal Opportunity Employer. Courier/Receptionist/Admin. Clerk for 12-attorney firm. Part-time. Must have reliable transportation, good phone and people skills. Variety of office duties. Salary DOE. Resumes to: Moses Law Firm P.O. Box 27047 Albuquerque NM 87125. Full Time Legal Secretary/Assistant Full time legal secretary/assistant needed for an Albuquerque criminal defense firm with an extensive practice in federal, and state district and metropolitan court. Applicant must have excellent computer/word processing, clerical and organizational skills. Must also have a pleasant and positive attitude and be able to complete tasks within deadlines. Prior legal experience strongly preferred and bookkeeping/financial skills a plus. Send resume and salary history/requirements to POB 92860, ABQ, NM 87199-2860 Attn: Box B Bar Bulletin - April 11, 2012 - Volume 51, No. 15 37 Services Office Space Briefs, Research, Appeals– Beautiful Nob Hill Offices Leave the writing to me. Experienced, effective, reasonable. cindi.pearlman@gmail.com (505) 281 6797 DWI Prevention A mer ic a n L i mou si ne, 505 - 6 0 4 -3392 , www.NewMexicoLimos.com Lawyer office w/ approx. 1000+ sq. ft. in ideal location includes two offices with secretarial stations and ample filing cabinets. Additional amenities include: conference room with library; kitchen; classroom set-up with tables, dry erase board and large screen TV; video conferencing equipment; high speed internet; copier/fax; showers; security system; parking and much more. Call Brian at 264.2037 Photos available www.nmbar.org Professional Office Space 2937SF office, prime Uptown location with high visibility and easy access to I-40. Bank of America, companion restaurants, shopping, extensive landscaping, ample parking, fullservice lease. Top floor, glass entry, exceptionally well improved and appointed reception, offices, kitchen, and conference room. Building signage available. 3 to 5 year lease. $18.50 RSF. Rental incentives available. Comcast Business Class available at Uptown Square (includes High-Speed Internet, Telephone and Television). Ron Nelson 883-9662 - Uptown Square. Medical Legal Consultant - Chemical Sensitivities & Environmental Illnesses. www.AnnMcCampbellMD.com, (505) 466-3622 ENews stay connected... Meet You At the Inbox! • Have you received your ENews yet? • It’s placed in your Inbox every Friday. • Get the latest update on CLE classes, member benefits, local bar associations, and other law-related activities around New Mexico. To subscribe to ENews free of charge, contact sbnm-enews@nmbar.org. Visit the State Bar of New Mexico’s web site www.nmbar.org 38 Bar Bulletin - April 11, 2012 - Volume 51, No. 15 CeLebRAte LAw DAy Participate in the Young Lawyers Division Ask-a-Lawyer Call-In Program. All State Bar members are welcome. 9 a.m. to 1 p.m., Saturday, April 28 Contact the YLD member near you by April 13 and provide the practice areas for which you will take calls. Albuquerque Keya Koul kkoul@cmsls.com (505) 848-9511 Las Cruces David Lutz dplutz@qwestoffice.net (575) 526-2449 Farmington Ken Stalter kstalter@da.state.nm.us (505) 599-9810 Roswell Jared Kallunki jared.kallunkilaw@gmail.com (575) 208-4469 YOUNG LAWYERS DIVISION Bar Bulletin - April 11, 2012 - Volume 51, No. 15 39 2012 Annual Meeting – Bench and Bar Conference Your Practice, Our Profession: Touching the Lives of Children and Families Every Day The Hyatt Regency Tamaya Resort & Spa July 12-14, 2012 President’s Reception and Chuckwagon Dinner Featuring the Bo Brown Band Friday, July 13, 6–8:30 p.m. Ticketed Event - $35 Adults Children under 12 – Free Join President Hans Voss, fellow members, their families and friends at a reception and chuckwagon-themed dinner, with entertainment by the Bo Brown Band. Awards for the “Best Western Hat and Boots” and “Best Western Wear”. Have your photo taken at the Mobile Photo Lounge. Something for everyone! Don’t forget to purchase your ticket, it’s on the registration form. Visit www.nmbar.org and select 2012 State Bar Annual Meeting
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