Bar Bulletin - August 22, 2018 - Volume 57, No

Official Publication of the State Bar of New Mexico

August 22, 2018 • Volume 57, No. 34

View to Niagara Falls, by Dean G. Loumbas

Inside This Issue

Notices ...... 4 From the New Mexico Court of Appeals Bench And Bar Directory Corrections...... 5 2018-NMCA-045, A-l-CA-35545: State v. Stejskal...... 12 2018 Paralegal Day 2018-NMCA-046, A-1-CA-36351: Proclamation ...... 7 Reina v. LIN Television Corp...... 15 Clerk Certificates ...... 10 -State Bar of New Mexico-g 2018al Meetin Annu Thank you! On behalf of President Wesley O. Pool and the entire Board of Bar Commissioners, the State Bar of New Mexico would like to thank all attendees for a fantastic 2018 Annual Meeting!

We would also like to thank all of our sponsors, exhibitors, silent auction donors and CLE speakers for helping us put together one of our best events yet.

SeeAug. you 1–3, next 2019 year! Hotel Albuquerque at Old Town and Hotel Chaco

2 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Table of Contents Notices ...... 4 Court of Appeals Opinions List...... 6 Calendar of Continuing Legal Education...... 8 Clerk Certificates...... 10 Rule Making Activity Report...... 11 Opinions From the New Mexico Court of Appeals Officers, Board of Bar Commissioners 2018-NMCA-045, A-1-CA-35545: State v. Stejskal...... 12 Wesley O. Pool, President Gerald G. Dixon, President-elect 2018-NMCA-046, A-1-CA-36351: Reina v. LIN Television Corp...... 15 Ernestina R. Cruz, Secretary Treasurer Advertising...... 18 Scotty A. Holloman, Immediate Past President

Board of Editors Gabrielle Dorian, Chair Taylor V. Bui Curtis G. Hayes C. James Kalm Anne E. Minard Matthew Ramirez Andrew Sefzik Michael Sievers Meetings Workshops and Legal Clinics Nancy Vincent Carolyn A. Wolf August September State Bar Staff Executive Director Richard Spinello 22 4 Director of Communications NREEL Section Board Common Legal Issues for Senior Citizens Evann Kleinschmidt Noon, teleconference Workshop Presentation 505-797-6087 • [email protected] 10–11:15 a.m., Alamo Senior Center, 24 Graphic Designer Julie Schwartz Alamogordo, 1-800-876-6657 Immigration Law Section Board [email protected] Noon, teleconference 5 Account Executive Marcia C. Ulibarri Common Legal Issues for Senior Citizens 505-797-6058 • [email protected] 28 Workshop Presentation Communications Assistant Jaime Hernandez Intellectual Property Law Section Board 10–11:15 a.m., Deming Senior Center, 505-797-6040 • [email protected] Noon, Lewis Roca Rothgerber Christie LLP Deming, 1-800-876-6657 Digital Print Center Manager Brian Sanchez 30 5 Assistant Michael Rizzo Trial Practice Law Section Board Divorce Options Workshop Noon, The Spence Law Firm 6–8 p.m., State Bar Center, Albuquerque, ©2018, State Bar of New Mexico. No part of this publica- 505-797-6022 tion may be reprinted or otherwise reproduced without September the publisher’s written permission. The Bar Bulletin has 5 the authority to edit letters and materials submitted for 4 Civil Legal Clinic publication. Publishing and editorial decisions are based Health Law Section Board 10 a.m.–1 p.m., Second Judicial District on the quality of writing, the timeliness of the article, 9 a.m., teleconference Court, Albuquerque, 1-877-266-9861 and the potential interest to readers. Appearance of an article, editorial, feature, column, advertisement or 5 6 photograph in the Bar Bulletin does not constitute an Employment and Labor Law Section Common Legal Issues for Senior Citizens endorsement by the Bar Bulletin or the State Bar of New Board Workshop Presentation Mexico. The views expressed are those of the authors, Noon, State Bar Center 10–11:15 a.m., Munson Senior Center, Las who are solely responsible for the accuracy of their Cruces, 1-800-876-6657 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 About Cover Image and Artist: Dean Loumbas is a speech-language pathologist residing and working in San Fran- Albuquerque, NM. Postmaster: Send address changes to Bar cisco. His paintings have been accepted and shown in regional, national and international juried exhibitions as well as in Bulletin, PO Box 92860, Albuquerque, NM 87199-2860. juried museum shows. Loumbas’ paintings have been published as cover art for the Journal of Pediatric and Adolescent Medicine, the Journal of Academic Medicine and the Journal of Speech-Language Pathology. His current work redefines 505-797-6000 • 800-876-6227 • Fax: 505-828-3765 the solid form by presenting geometric shapes in close relationships which create horizons and abstract ‘landscapes’ that [email protected] • www.nmbar.org takes the viewer on multiple journeys through numerous visual and spatial transformations. For more information and additional work, email [email protected]. August 22, 2018 • Volume 57, No. 34

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 3 Notices Court News Professionalism Tip New Mexico Supreme Court With respect to the courts and other tribunals: Supreme Court Law Library I will voluntarily exchange information and work on a plan for discovery as early Hours and Information as possible. The Supreme Court Law Library is open to anyone in the legal community or public at large seeking legal information. The Preliminary Hearings will not be held that • Sept 17, 5:30 p.m. Library has a comprehensive legal research day. The outside Bonding Window will be UNM School of Law, 1117 Stanford collection of print and online resources, open from 11 a.m.-5 p.m. for the filing of NE, Albuquerque, King Room in the and a staff of professional librarians is emergency motions and for posting bonds. Law Library (Group meets the third available to assist. Search the online catalog The conference is sponsored by the New Monday of the month.) Teleconference at https://n10045.eos-intl.net/N10045/ Mexico Judicial Education Center and paid participation is available. Dial 1-866- OPAC/Index.aspx. Call 505-827-4850, for by fees collected by state courts. 640-4044 and enter code 7976003#. Click https://lawlibrary.nmcourts.gov • Oct. 1, 5:30 p.m. or email [email protected] for more tate ar ews First United Methodist Church, 4th S B N and Lead SW, Albuquerque (The group information. Visit the Law Library at the Appellate Practice Section Supreme Court Building, 237 Don Gaspar, normally meets the first Monday of the Court of Appeals Candidate Forum Santa Fe, NM 87501. The Library is open month but will skip September due to Monday-Friday, 8 a.m.–5 p.m. Reference The Appellate Practice Section will the Labor Day holiday.) and circulation is open Monday–Friday 8 host a Candidate Forum for the eight For more information, contact Latisha a.m.–4:45 p.m. candidates running for the New Mexico Frederick at 505-948-5023 or 505-453- Court of Appeals this November. Save the 9030 or Bill Stratvert at 505-242-6845. date for 4-6 p.m., Oct. 18, at the State Bar Second Judicial District Court Center in Albuquerque. Destruction of Tapes UNM School of Law In accordance with 1.17.230.502 Committee on Women and Law Library NMAC, taped proceedings on domestic Summer 2018 Hours matters cases in the range of cases filed in the Legal Profession 1971-1999 will be destroyed. To review a Aaron Wolf Honored with Justice Building and Circulation comprehensive list of case numbers and Pamela B. Minzner Outstanding Monday–Thursday 8 a.m.–8 p.m. party names or attorneys who have cases Advocacy for Women Award Friday 8 a.m.–6 p.m. with proceedings on tape and wish to Join the Committee on Women and Saturday 10 a.m.–6 p.m. have duplicates made should verify tape the Legal Profession for the presentation Sunday noon–6 p.m. information with the Special Services of the 2017 Justice Pamela B. Minzner Reference Division 505-841-6717 from 8 a.m.-5 p.m. Outstanding Advocacy for Women Award Monday–Friday 9 a.m.–6 p.m. Mon.-Fri. The aforementioned tapes will to Aaron Wolf for his work providing be destroyed after Oct. 13. legal assistance to women who are under- ther ars represented or under served and for his O B Twelfth Judicial District Court egalitarian approach towards working with New Mexico Black Lawyers Announcements women colleagues. The award reception Association The Twelfth Judicial District Court will be held from 5:30–7:30 p.m., Aug. 30, Annual Poolside Brunch would like to extend an invitation to at the Albuquerque Country Club. Hors The New Mexico Black Lawyers Associ- anyone who would like to electronically re- d’oeuvres will be provided and a cash bar ation invites members to attend its annual ceive Court announcements and newslet- will be available. R.S.V.P.s are appreciated. poolside brunch on Aug. 25, 11 a.m.-2 p.m. ters. To be added to the email distribution Contact Committee Co-chair Quiana at 1605 Los Alamos Ave. SW, Albuquerque, list, submit request to aladref@nmcourts. Salazar-King at [email protected]. N.M., 87104. Join NMBLA for food, drinks gov. edu. and fun! Tickets are only $35 and can be purchased on the New Mexico Black Bernalillo County New Mexico Judges and Lawyers Association Facebook page or by Metropolitan Court Lawyers Assistance Program emailing [email protected]. Each brunch ticket comes with an entry Court Closure Notice Attorney Support Groups into our raffle for $500. There will only • Sept. 10, 5:30 p.m. Bernalillo County Metropolitan Court be 100 tickets sold, act fast. NMBLA also UNM School of Law, 1117 Stanford NE, will be closed from 11 a.m.-5 p.m. on Aug. accepting sponsorships for this event. For Albuquerque, King Room in the Law 24 for the Court's annual employee con- information about sponsorships, email Library (Group meets on the second ference. Misdemeanor Custody Arraign- [email protected]. ments will commence at 8:30 a.m. and will Monday of the month.) Teleconference be immediately followed by Felony First participation is available. Dial 1-866- Appearances. Traffic Arraignments and 640-4044 and enter code 7976003#.

4 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Other News Workers' Compensation Administration Corrections to the 2018–2019 Bench and Bar Directory Judicial Reappointment The director of the Workers’ Compen- sation Administration , Darin A. Childers, Active Members Tenth Judicial District Court is considering the reappointment of Judge Reginald “Reg” Woodard to a five-year Bishop, Larry K...... 575-964-2261 Quay, Harding and DeBaca counties 1601 N Turner St #209 88240-4309 term pursuant to NMSA 1978, Section 52- PO Box 494 QUAY COUNTY (#1010) 5-2 (2004). Judge Woodard’s term expires Hobbs NM 88241-0494 300 S 3rd Street on Nov. 24. Anyone who wants to submit [email protected] PO Box 1067 written comments concerning Judge Tucumcari NM 88401 Hayes, Michal M...... 505-469-4140 575-461-2764 Woodard’s performance may do so until NM Aging and Long-Term Services Department 5 p.m. on Aug. 31. All written comments F 575-461-4498 PO Box 27118 [email protected] submitted per this notice shall remain Santa Fe NM 87502-0118 confidential. Comments may be addressed F 505-476-4750 Federal Courts to WCA Director Darin A. Childers, PO [email protected] Box 27198, Albuquerque, New Mexico United States Bankruptcy Court 87125-7198 or faxed to 505-841-6813. Fourth Judicial District Court District of New Mexico www.nmb.uscourts.gov/ GUADALUPE, MORA New Mexico Commission on AND SAN MIGUEL COUNTIES Pete V. Domenici U.S. Courthouse Access to Justice 333 Lomas Boulevard NW, Suite 360 Division I Albuquerque, NM 87102 The next meeting of the Commission Chief Judge Gerald E. Baca On Access to Justice is at Noon-4 p.m. on 505-425-7131 F 505-425-6307 Chief Judge Robert H. Jacobvitz Sept. 7, at the State Bar of New Mexico. 505‐600‐4650 Commission goals include expanding Division III Judge Matthew J. Sandoval Judge David T. Thuma resources for civil legal assistance to New 505-425-9352 F 505-425-9457 Mexicans living in poverty, increasing 505‐600‐4640 public awareness, and encouraging and Court Executive Officer Court Clerk supporting pro bono work by attorneys. Robert Duran Lana Merewether Interested parties from the private bar and 505-425-7281 x11 F 505-454-8611 505‐415‐7999 or 1‐866‐291‐6805 the public are welcome to attend. More information about the Commission is available at www.accesstojustice.nmcourts. Note: Information for members is current as of April 16, gov. 2018. Visit www.nmbar.org/FindAnAttorney for the most up-to-date information. To submit a correction, contact Pam Zimmer, [email protected]. Enivironmental Law Institute 27th Annual Eastern Boot Camp on Environmental Law Join ELI for a stimulating three-day provided to government, academic, immersion in environmental law at East- public interest employees and students. ern Boot Camp. Designed for both new Designed originally for attorneys, the and seasoned professionals, this intensive course is highly useful for environmental course explores the substance and practice professionals such as consultants, envi- of environmental law. The faculty mem- ronmental managers, policy and advocacy bers are highly respected practitioners who experts, paralegals and technicians seeking bring environmental law, practice, and deeper knowledge of environmental law. emerging issues to life through concrete The registration deadline is Oct. 19. Visit examples, cases and practice concerns in https://www.eli.org/boot-camp/eastern- this three-day intensive course for ELI bootcamp-environmental-law for more members. The Boot Camp is a great deal, details. offering up to 20 hours of CLE credit for $1,100 or less, with special discounts

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 5 Opinions As Updated by the Clerk of the New Mexico Court of Appeals Mark Reynolds, Chief Clerk New Mexico Court of Appeals PO Box 2008 • Santa Fe, NM 87504-2008 • 505-827-4925

Effective August 10, 2018

PUBLISHED OPINIONS A-1-CA-34545 State v. E Chacon Affirm 08/06/2018

UNPUBLISHED OPINIONS A-1-CA-35570 D Welch v. J Welch Affirm 08/06/2018 A-1-CA-35579 State v. S Curiel Affirm/Reverse/Remand 08/06/2018 A-1-CA-36771 State v. D Saenz Affirm 08/06/2018 A-1-CA-35487 I Campbell v. J Lieb Affirm 08/07/2018 A-1-CA-35755 PNC v. S Valdez Affirm/Remand 08/07/2018 A-1-CA-35298 Living Cross v. Valencia Co Dismiss 08/08/2018 A-1-CA-36867 State v. H Hudson Affirm 08/08/2018 A-1-CA-34973 State v. F Lajeunesse Affirm/Reverse/Remand 08/09/2018 A-1-CA-35478 D Morales-Murill v. Las Cruces Affirm 08/09/2018 A-1-CA-35558 State v. D Rodriguez Reverse 08/09/2018

Slip Opinions for Published Opinions may be read on the Court’s website: http://coa.nmcourts.gov/documents/index.htm

6 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 7 Legal Education www.nmbar.org

August

23-24 11th Annual Legal Service 29 Construction Contracts: Drafting 29 Risky Business: Avoiding Providers Conference: Poverty and Issues, Spotting Red Flags and Discrimination When Completing the Law Allocating Risk, Part 2 the Form I-9 or E-Verify Process 10.0 G, 2.0 EP 1.0 G 1.5 G Live Seminar Teleseminar Live Replay, Albuquerque Center for Legal Education of Center for Legal Education of NMSBF Center for Legal Education of NMSBF NMSBF www.nmbar.org www.nmbar.org www.nmbar.org 29 The Exclusive Rights (and Revenue) 31 The Ethical Issues Representing a 24 Advanced Google Search for You Get With Music Band-Using the Beatles Lawyers 1.0 G 1.0 EP 1.0 G Live Webinar Live Webinar Live Webinar Center for Legal Education of NMSBF Center for Legal Education of NMSBF Center for Legal Education of www.nmbar.org www.nmbar.org NMSBF www.nmbar.org 29 2017 Real Property Institute 6.0 G, 1.0 EP 24 Women’s Leadership Summit Live Replay, Albuquerque 5.0 G Center for Legal Education of NMSBF Live Seminar, Albuquerque www.nmbar.org New Mexico Society of CPAs 505-246-1699 29 New Mexico Liquor Law for 2017 and Beyond 28 Construction Contracts: Drafting 3.5 G Issues, Spotting Red Flags and Live Replay, Albuquerque Allocating Risk, Part 1 Center for Legal Education of NMSBF 1.0 G www.nmbar.org Teleseminar Center for Legal Education of NMSBF www.nmbar.org

September

5 Choice of Entity for Nonprofits & 6 Attorney Orientation and the 7 2018 Family Law Institute: Hot Obtaining Tax Exempt Status, Part Ethics of Pro Bono Topics in Family Law (Friday) 1 2.0 EP 5.0 G, 1.5 EP 1.0 G Live Seminar, Albuquerque Webcast/Live Seminar, Albuquerque Teleseminar New Mexico Legal Aid Center for Legal Education of NMSBF Center for Legal Education of NMSBF 505-814-6719 www.nmbar.org www.nmbar.org 6 Microsoft Word’s Styles: A Guide 7-8 2018 Family Law Institute: Hot 6 Choice of Entity for Nonprofits & for Lawyers Topics in Family Law (Both Days) Obtaining Tax Exempt Status, Part 1.0 G 11.0 G, 1.5 EP 2 Live Webinar Webcast/Live Seminar, Albuquerque 1.0 G Center for Legal Education of NMSBF Center for Legal Education of NMSBF Teleseminar www.nmbar.org www.nmbar.org Center for Legal Education of NMSBF www.nmbar.org

8 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Legal Education www.nmbar.org

5 Choice of Entity for Nonprofits & 20 Military Retired Pay Primer Obtaining Tax Exempt Status, Part 11 Ethics Issues of Moving Your 2.0 G, 1.0 EP 1 Practice Into the Cloud Live Seminar, Albuquerque 1.0 G 1.0 EP FAMlaw LLC Teleseminar Live Webinar www.famlawseminars.com Center for Legal Education of NMSBF Center for Legal Education of NMSBF www.nmbar.org www.nmbar.org 20 The Lifecycle of a Trial, from a Technology Perspective (2017) 6 Choice of Entity for Nonprofits & 12 Planning with Single Member, 4.3 G, 1.0 EP Obtaining Tax Exempt Status, Part LLCs, Part 1 Live Replay, Albuquerque 2 1.0 G Center for Legal Education of NMSBF 1.0 G Teleseminar www.nmbar.org Teleseminar Center for Legal Education of NMSBF Center for Legal Education of NMSBF www.nmbar.org 20 2017 ECL Solo and Small Business www.nmbar.org Bootcamp Parts I and II (2017) 12 Boundary Issues and Easement Law 3.4 G, 2.7 EP 6 Attorney Orientation and the 5.0 G, 1.0 EP Live Replay, Albuquerque Ethics of Pro Bono Live Seminar, Albuquerque Center for Legal Education of NMSBF 2.0 EP NBI, Inc. www.nmbar.org Live Seminar, Albuquerque www.nbi-sems.com New Mexico Legal Aid 20 Bankruptcy Law: The New Chapter 505-814-6719 13 How to Practice Series: Civil 13 Plan (2017) Litigation, Pt II – Taking and 3.1 G 6 Microsoft Word’s Styles: A Guide Defending Depositions Live Replay, Albuquerque for Lawyers 4.5 G, 2.0 EP Center for Legal Education of NMSBF 1.0 G Webcast/Live Seminar, Albuquerque www.nmbar.org Live Webinar Center for Legal Education of NMSBF Center for Legal Education of NMSBF www.nmbar.org 21 2018 Annual Tax Symposium (Full www.nmbar.org Day) 14 29th Annual Appellate Practice 6.0 G, 1.0 EP 7 2018 Family Law Institute: Hot Institute (Full Day) Webcast/Live Seminar Topics in Family Law (Friday) 5.5 G, 1.0 EP Albuquerque 5.0 G, 1.5 EP Webcast/Live Seminar, Albuquerque Center for Legal Education of NMSBF Webcast/Live Seminar, Albuquerque Center for Legal Education of NMSBF www.nmbar.org Center for Legal Education of NMSBF www.nmbar.org www.nmbar.org 21 2018 Annual Tax Symposium - 18 How to Comply with Disciplinary Morning Session: Federal and State 7-8 2018 Family Law Institute: Hot Board Rule 17-204: Basics of Trust Tax Updates Topics in Family Law (Both Days) Accounting 3.0 G 11.0 G, 1.5 EP 1.0 EP Webcast/Live Seminar Webcast/Live Seminar, Albuquerque Webcast/Live Seminar, Albuquerque Albuquerque Center for Legal Education of NMSBF New Mexico Legal Aid Center for Legal Education of NMSBF www.nmbar.org 505-814-6719 www.nmbar.org

8 2018 Family Law Institute: Hot 19 Income and Fiduciary Tax Issues 21 2018 Annual Tax Symposium - Topics in Family (Law Saturday) for Estate Planners, Part 1 Afternoon Session: Tax Law Special 6.0 G 1.0 G Topics Webcast/Live Seminar, Albuquerque Teleseminar 3.0 G, 1.0 EP Center for Legal Education of NMSBF Center for Legal Education of NMSBF Webcast/Live Seminar www.nmbar.org www.nmbar.org

11 Planning with Single Member, 20 Income and Fiduciary Tax Issues LLCs, Part 1 for Estate Planners, Part 2 1.0 G 1.0 G Teleseminar Teleseminar Center for Legal Education of NMSBF Center for Legal Education of NMSBF www.nmbar.org www.nmbar.org

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 9 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

IN MEMORIAM On July 31: As of July 26, 2018: CLERK’S CERTIFICATE Emma Lehner Mamaluy Jessica Noble OF REINSTATEMENT As of April 22, 2018: Arizona State Board of F/K/A Jessica Sweeney TO ACTIVE STATUS Patricia Ann Bradley Nursing 508 Hexton Hill Road 1212 Pennsylvania Street, NE 1740 W. Adams Street, Silver Spring, MD 20904 Effective July 26, 2018: Albuquerque, NM 87110 Suite 2000 813-966-3032 Lily C. Richardson Phoenix, AZ 85007 [email protected] 1984 E. Cornell Drive CLERK’S CERTIFICATE 602-771-7844 Tucson, AZ 85283 OF ADMISSION 602-771-7884 (fax) As of July 31, 2018: 602-350-7160 [email protected] Katherine R. Stout [email protected] On July 31, 2018: F/K/A Katherine Stout Riley Spencer S. Chaffin On August 7: Nance, Pato & Stout, LLC Effective July 27, 2018: BC Counselors at Law, PLLC Charles Clayton Miller III PO Box 772 Paul Phillip Strange 1701 West NW Hwy., Miller Weisbrod LLP 1010 Paisano Drive 2594 Lower Lando Lane 1st Floor 11551 Forest Central Drive, Socorro, NM 87801 Park City, UT 84098 Grapevine, TX 76051 Suite 300 575-838-0911 415-370-1100 972-584-9668 Dallas, TX 75243 866-808-1165 (fax) [email protected] 972-584-1599 (fax) 214-987-0005 [email protected] schaffin@bccounselorsatlaw. 214-987-2545 (fax) CLERK’S CERTIFICATE com [email protected] CLERK’S CERTIFICATE OF CORRECTION OF CHANGE TO On August 7,2018 : On August 7, 2018: INACTIVE STATUS Dated July 9, 2018: Raymond Leslie Gifford Kyle C. Simpson David Logan Thomas Wilkinson Barker Knauer, Simpson & Gold, LLP Effective July 31, 2018: City of Santa Fe LLP 25331 IH 10 W., Julianna Koob PO Box 909 1755 Blake Street, Suite 207 PO Box 26952 2511 Camino Entrada (87507) Suite 470 San Antonio, TX 78257 Albuquerque, NM 87125 Santa Fe, NM 87504 Denver, CO 80202 210-222-1200 505-920-6002 505-955-6052 303-626-2350 210-579-9000 (fax) [email protected] 505-955-5170 (fax) 303-626-2351 (fax) [email protected] [email protected] [email protected] CLERK’S CERTIFICATE On July 31, 2018: OF NAME CHANGE Mason William Herring Herring Law Firm As of August 3, 2018: 2727 Allen Parkway, Geraldine Garduno Suite 1150 F/K/A Geraldine Gonzales Houston, TX 77019 N.M. Public Regulation 832-500-3170 Commission 832-500-3172 (fax) PO Box 1269 mherring 1120 Paseo de Peralta (87501) @herringlawfirm.com Santa Fe, NM 87504 505-827-6981 On August 7, 2018: 505-827-4155 (fax) Shezad Malik geraldine.garduno Dr. Shezad Malik Law Firm @state.nm.us 175 Miron Drive Southlake, TX 76092 888-210-9693 (phone & fax) [email protected]

10 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 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 August 22, 2018

Pending Proposed Rule Changes Open 1-104 Courtroom closure 07/01/2018 for Comment: 1-140 Guardianship and conservatorship proceedings; mandatory use forms 07/01/2018 Comment Deadline 1-141 Guardianship and conservatorship Please see the summary of proposed rule amendments published proceedings; determination of persons in the August 8, 2018, issue of the Bar Bulletin. The actual text of the proposed rule amendments can be viewed on the Supreme entitled to notice of proceedings Court’s website at the address noted below. The comment dead- or access to court records 07/01/2018 line for those proposed rule amendments is September 7, 2018. Civil Forms

Recently Approved Rule Changes 4-992 Guardianship and conservatorship information Since Release of 2018 NMRA: sheet; petition 07/01/2018 4-993 Order identifying persons entitled to notice Effective Date and access to court records 07/01/2018 Rules of Civil Procedure for the District Courts 4-994 Order to secure or waive bond 07/01/2018 1-003.2 Commencement of action; guardianship and 4-995 Conservator’s notice of bonding 07/01/2018 conservatorship information sheet 07/01/2018 4-995.1 Corporate surety statement 07/01/2018 1-079 Public inspection and sealing of 4-996 Guardian’s report 07/01/2018 court records 07/01/2018 4-997 Conservator’s inventory 07/01/2018 1-079.1 Public inspection and sealing of court records; 4-998 Conservator’s report 07/01/2018 guardianship and conservatorship proceedings Rules of Criminal Procedure for the District Courts 07/01/2018 5-302A Grand jury proceedings 04/23/2018 1-088.1 Peremptory excusal of a district judge; recusal; procedure for exercising 03/01/2018

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 - August 22, 2018 - Volume 57, No. 34 11 Advance Opinions http://www.nmcompcomm.us/ {4} Thus, based upon the record below, the From the New Mexico Court of Appeals parties and their counsel understood that the plea agreement called for consecutive Opinion Number: 2018-NMCA-045 sentences that would result in ten years of incarceration and also that Defendant was, No. A-1-CA-35545 (filed May 15, 2018) in fact, being sentenced to a ten-year term of incarceration. Nonetheless, the written STATE OF NEW MEXICO, judgment and sentence that was then Plaintiff-Appellee, entered recited that the sentences for the v. two crimes would run concurrently, with the result that Defendant effectively was WILBUR M. STEJSKAL, sentenced to nine years of incarceration. Defendant-Appellant. {5} Two years later, while reviewing De- fendant’s file, the district court noticed APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY that the written judgment provided for Fred T. Van Soelen, District Judge the sentences to run concurrently instead of consecutively. The court scheduled a presentment hearing sua sponte. At that hearing, the court proposed to enter an HECTOR H. BALDERAS, ROBERT E. TANGORA amended judgment to correct the error. Attorney General ROBERT E. TANGORA, LLC Counsel for Defendant argued that the Santa Fe, New Mexico Santa Fe, New Mexico district court was without jurisdiction to do so, relying upon Rule 5-801(A) and LAURIE BLEVINS, for Appellant Torres. The court, however, found that it Assistant Attorney General had authority under Rule 5-113 to correct Albuquerque, New Mexico the error in the judgment, and accord- for Appellee ingly, entered the amended judgment as proposed. DISCUSSION {6} Rule 5-801 was amended in 2014 by Opinion no contest to two separate crimes, one of Supreme Court Order No. 14-8300-014, which would result in a nine-year sentence effective for all cases filed on or after- De Henry M. Bohnhoff, Judge and the other of which would result in a cember 31, 2014. The version in effect on three-year sentence with two years un- March 28, 2013, when the case at bar was conditionally suspended. The agreement filed, provided in pertinent part as follows: {1} Defendant Wilbur M. Stejskal (Defen- recited that the sentences for both convic- A. Correction of sentence. The dant) appeals an amended judgment and tions would “run consecutively for a total court may correct an illegal sen- sentence entered two years after the entry of ten (10) years in the [d]epartment of tence at any time pursuant to Rule of his original judgment and sentence. By [c]orrections.” 5-802 NMRA and may correct a changing the word “concurrent” to the {3} At a plea hearing, the district court sentence imposed in an illegal word “consecutive,” the amended judg- reviewed the terms of the plea agreement manner within the time provided ment has the practical effect of increasing with Defendant on the record and accepted by this rule for the reduction of Defendant’s term of incarceration from Defendant’s plea. At various points during sentence. nine years to ten years. On appeal, Defen- that hearing, the parties and court each B. Modification of sentence. A dant asserts that, pursuant to Rule 5-801 acknowledged that the plea agreement motion to reduce a sentence may NMRA and State v. Torres, 2012-NMCA- called for a ten-year period of incarcera- be filed within ninety (90) days 026, 272 P.3d 689, the district court lacked tion. At a subsequent sentencing hearing, after the sentence is imposed[.] jurisdiction to amend or modify the the district court pronounced sentence, Rule 5-802 addresses the procedure to original sentence. The State, on the other explaining that: be followed for petitioning for a writ of hand, argues that the amended judgment pursuant to the plea agreement habeas corpus to determine inter alia in this case did not involve a “modification on count one, you are hereby sen- that a “sentence [is] illegal or in excess of sentence” for purposes of Rule 5-801 tenced to nine years in the depart- of the maximum authorized by law or and Torres; instead, the amended judgment of corrections [and on] count is otherwise subject to collateral attack.” ment merely corrected a clerical mistake two, three years in the department Rule 5-113(B) provides that, “[c]lerical as permitted by Rule 5-113(B) NMRA. of corrections with two years un- mistakes in judgments, orders or other We conclude that Rule 5-113 authorized conditionally suspended, running parts of the record and errors in the record the district court to enter the amended consecutively for a total of ten years arising from oversight or omission may be judgment and therefore affirm. in the department of corrections, corrected by the court at any time and after BACKGROUND [and] running concurrently with such notice, if any, as the court orders.” {2} Defendant’s convictions are based any time that you are currently fac- {7} Defendant contends that “under [Rule upon a plea agreement. Pursuant to the ing on probation or parole. 5-801(B)], the district court cannot modify terms of that agreement, Defendant pled 12 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Advance Opinions http://www.nmcompcomm.us/ a sentence after ninety (90) days. . . . Any Mayberry, 1982-NMCA-061, ¶¶ 17-18, P.3d 1127 (alteration, internal quotation modification beyond the proscribed time 97 N.M. 760, 643 P.2d 629 (holding that marks, and citation omitted); see also Del- period is outside the district court’s juris- habitual offender enhancements cannot fino v. Griffo, 2011-NMSC-015, ¶ 12, 150 diction.” Citing Torres, Defendant urges be served concurrently with their un- N.M. 97, 257 P.3d 917 (recognizing that that the district court therefore lacked ju- derlying basic sentences). Eighteen years in determining the Legislature’s intent, the risdiction to amend his sentence two years later, as part of an audit conducted by the appellate courts will look first to the plain after its original entry. Defendant further Department of Corrections, the illegality language of the statute and give its words argues that changing the two sentences to of Torres’ sentences was discovered and their ordinary meaning). run consecutively as opposed to concur- the district court ultimately granted the {13} Webster’s Third New International rently was not a clerical error that could state’s motion filed under Rule 5-801 to Dictionary 421 (unabr. ed. 1986) defines be corrected pursuant to Rule 5-113. amend the judgment to extend the term “clerical error” as “an error made in copy- {8} Defendant’s trial counsel preserved of incarceration by eight years. Torres, ing or writing.” Similarly, Black’s Law Dic- the error by contesting the district court’s 2012-NMCA-026, ¶¶ 1, 5. On appeal, tionary 489 (9th ed. 2010) defines “clerical authority to amend the sentence during this Court reversed. After examining the error” as “[a]n error resulting from a mi- the presentment hearing. We review a history of Rule 5-801, we concluded that nor mistake or inadvertence, esp[ecially] district court’s application of Supreme a district court’s jurisdiction under the pre- in writing or copying something on the Court rules of procedure de novo. State v. 2014 version of Rule 5-801(A) to correct record, and not from judicial reasoning Miller, 2008-NMCA-048, ¶ 11, 143 N.M. an illegal sentence was strictly limited to or determination.” Here, it is clear from 777, 182 P.3d 158. habeas corpus proceedings. Torres, 2012- the plea agreement as well as the collo- A. Rule 5-801 NMCA-026, ¶ 27. Thus, the State could quy at the plea hearing and the original {9} The version of Rule 5-801 in effect seek modification of a sentence pursuant sentencing hearing that the district court in 2013 permitted the district court to to Rule 5-801 only to correct one imposed and the parties understood and intended correct an illegal sentence at any time in an illegal manner and only within the that Defendant would be sentenced to two through a habeas corpus proceeding and 90-day period following original entry. consecutive sentences that would run for correct a sentence imposed in an illegal B. Rule 5-113 a total of ten years. We assume the inser- manner within 90 days after the sentence {11} As stated above, Rule 5-113(B) tion of the word “concurrent” as opposed is imposed. As the district court noted in authorizes a district court at any time to “consecutive” in the written sentence its letter ruling, Rule 5-801(A) was not ap- to correct “[c]lerical mistakes in judg- and judgment was made by the district plicable to Defendant’s original sentence, ments, orders or other parts of the record judge’s clerical assistant during the course because it was “not illegal in any way.” The and errors in the record arising from of preparing the latter document. In any State does not contend to the contrary. oversight or omission[.]” In State v. Ross, event, it was an error in copying or writing, Rather, the State defends the amended 1983-NMCA-065, ¶¶ 16-18, 100 N.M. i.e., a clerical error. sentence on the grounds that the district 48, 665 P.2d 310, this Court characterized {14} The similarly worded Federal Rule court properly had authority under Rule as a clerical error, and subject to correc- of Criminal Procedure 36 has been given a 5-113(B) to correct a clerical error in the tion under Rule 5-113(B), a citation in a consistent construction. Rule 36 provides: judgment.1 judgment to the statute that defines the “After giving any notice it considers ap- {10} Torres does not affect the applica- crime of burglary of a dwelling house as propriate, the court may at any time cor- bility of Rule 5-113 to the amendment of opposed to the statute that defines the rect a clerical error in a judgment, order, Defendant’s sentence. In that case, this crime of breaking and entering. In Ross, it or other part of the record, or correct an Court addressed the jurisdiction of district was clear from the record not only that the error in the record arising from oversight courts to amend judgments pursuant to defendant had been convicted of breaking or omission.” Fed. R. Crim. P. 36. Within Rule 5-801. Torres, 2012-NMCA-026, ¶ and entering but that the district court had the meaning of Rule 36, a clerical error 11. The defendant had been sentenced as intended to sentence him for that crime. “must not be one of judgment or even of a habitual offender for the crime of escape However, we have not considered whether misidentification, but merely of recitation, from prison in a manner that allowed his the erroneous imposition of sentences to of the sort that a clerk or amanuensis might newly imposed sentences to run concur- run consecutively versus concurrently in commit, mechanical in nature.” United rently with his preexisting sentences. Id. a judgment can qualify as a clerical error States v. Guevremont, 829 F.2d 423, 426 (3d ¶ 3. As a result, the sentences imposed or otherwise fall within the parameters of Cir. 1987)(internal quotation marks & cita- ran afoul of NMSA 1978, Section 31- Rule 5-113(B). tion omitted). “Because a defendant has a 18-17(C) (amended 2003) and NMSA {12} When interpreting a court rule, a constitutional right to be present when he 1978, Section 31-18-21(A) (1977). Tor- court looks to the same rules of construc- is sentenced, if there is a variance between res, 2012-NMCA-026, ¶¶ 9-10; See also tion as if it were interpreting a statute. the oral pronouncement of sentence and State v. Davis, 2003-NMSC-022, ¶ 15, Our function is to fulfill the intent of the the written judgment of conviction, the 134 N.M. 172, 74 P.3d 1064 (holding that rule. In doing so, we will “give effect to the oral sentence generally controls.” United sentences imposed for crimes committed plain meaning of the rule if its language is States v. DeMartino, 112 F.3d 75, 78 (2d Cir. while an inmate must run consecutive to clear and unambiguous.” State v. Montoya, 1997) (citation omitted). Thus, while Rule all combined existing sentences); State v. 2011-NMCA-009, ¶ 8, 149 N.M. 242, 247 36 does not authorize a court to modify the

1The version of Rule 5-801(B) in effect in 2013 permitted the district court only to reduce a sentence and, therefore, that provision also has no application to the amendment of sentence.

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 13 Advance Opinions http://www.nmcompcomm.us/ written judgment to effectuate an intention Defendant’s cause. While it holds that an of incarceration. The parties and court that the court did not express in its oral oral ruling, including an oral pronounce- all understood that agreement and ac- sentence, DeMartino, 112 F.3d at 79, the ment of sentence, is not a final judgment curately recited its sentencing terms at court may amend a sentence to accurately and can be changed at any time before various points in the proceedings. The provide, in accordance with its original entry of final judgment,id. ¶ 6, it does district court’s pronouncement of sen- intention and oral pronouncement of not address at all, much less hold, that a tence in open court was consistent with sentence, that multiple sentences will run clerical error in a final judgment cannot both written agreement and the parties’ consecutively as opposed to concurrently. be corrected pursuant to Rule 5-113(B). unanimously expressed understanding. See, e.g., United States v. Becker, 36 F.3d Further, to the extent Defendant implicitly We therefore conclude that the written 708, 710 (7th Cir. 1994); United States v. is raising a double jeopardy challenge, judgment and sentence imposing concur- McAfee, 832 F.2d 944, 946 (5th Cir. 1987), it, too, is unsupported. Double jeopardy rent sentences resulting in a total of nine superseded by statute on other grounds as rights are not compromised where the years of incarceration was the product stated in United States v. Walls, 163 F.3d defendant has no reasonable expectation of clerical error, which the district court 146, 147 n.1 (2d Cir. 1998); Kennedy v. of finality in his or her sentence.March v. could correct pursuant to Rule 5-113(B). Reid, 249 F.2d 492, 492 (D.C. Cir. 1957). State, 1989-NMSC-065, ¶ 5, 109 N.M. 110, Accordingly, the district court’s amended C. Defendant’s Remaining Argument 782 P.2d 82.; See State v. Cheadle, 1987- judgment and sentence imposing consecu- {15} Citing State v. Diaz, 1983-NMSC- NMSC-100, ¶ 12, 106 N.M. 391, 744 P.2d tive sentences is affirmed. 090, ¶ 4, 100 N.M. 524, 673 P.2d 501, 166. Defendant also contends that the district CONCLUSION {17} IT IS SO ORDERED. court lacked authority to amend the {16} The record in this case establishes HENRY M. BOHNHOFF, Judge sentence because he had an “expectation that the Defendant entered his plea of of finality” in the original sentence and no contest pursuant to an agreement by WE CONCUR: the district court amended it after he had which he would receive two consecutive LINDA M. VANZI, Chief Judge served two years of it. Diaz does not help sentences resulting in a total of ten years STEPHEN G. FRENCH, Judge

14 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Advance Opinions http://www.nmcompcomm.us/ 13 broadcasted a report about Plaintiff, in Certiorari Denied, July 11, 2018, No. S-1-SC-37104 which Plaintiff was purportedly referred to as “The Cheating Judge” in reference From the New Mexico Court of Appeals to her work as a tribal judge during employment hours with the City. This and Opinion Number: 2018-NMCA-046 other statements in the report regarding her performance of her work as a hearing No. A-1-CA-36351 (filed June 4, 2018) officer form the basis of Plaintiff’s defamation claim. ANITA REINA, Procedural Background {5} Plaintiff sued Defendants for defama- Plaintiff-Appellee, tion. Defendants moved for summary v. judgment, claiming (1) Plaintiff was a LIN TELEVISION CORPORATION, public official; (2) the matter reported d/b/a KRQE and LARRY BARKER, was true; and (3) Plaintiff could not meet Defendants-Appellants. her burden of proof, which required her to establish that Defendants acted with APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY actual malice. The district court con- Denise Barela Shepherd, District Judge cluded that Plaintiff was not a public official as a matter of law, but stated that it lacked guidance in our caselaw for the STEPHEN F. LAWLESS MARTIN R. ESQUIVEL determination. After further discovery, STEPHEN F. LAWLESS, P.A. ESQUIVEL & HOWINGTON, LLC Defendants asked that the district court Albuquerque, New Mexico Albuquerque, New Mexico certify its order determining that Plaintiff for Appellee for Appellants was not a public official for interlocutory review. The district court did so, and upon Defendant’s application, we granted interlocutory review and assigned the matter Opinion {3} Eventually, Defendant Larry Barker, to the general calendar. Defendants argue an investigative reporter for KRQE News that the district court erred in determining Stephen G. French, Judge 13, began researching Plaintiff’s employ- that Plaintiff is not a public official. ment arrangements with the City and the DISCUSSION San Felipe tribal court. Barker reviewed {6} If Plaintiff—a hearing officer with the {1} This interlocutory appeal requires us memos that Plaintiff submitted to the City—is a public official, then in order to to determine whether a hearing officer City and various leave slips tracking her prevail in a defamation cause of action, employed by the City of Albuquerque (the schedule with the tribal court and her ab- she must meet the actual malice stan- City) is a public official and therefore -re sences from the City, and he interviewed dard of New York Times Co. v. Sullivan, quired to prove that Defendants acted with Plaintiff’s supervisor at the City, along with 376 U.S. 254, 279-80 (1964). “Whether actual malice in broadcasting an allegedly the chief administrative officer of the City. a plaintiff is a public official is a question defamatory story about her. We conclude As a consequence of Barker’s investigation, of law that we review de novo.” Young v. that Plaintiff is a public official and reverse the City began its own formal investiga- Wilham, 2017-NMCA-087, ¶ 10, 406 P.3d the order of the district court finding that tion, for which it retained Robert Caswell 988, cert. denied, ___-NMCERT-___, (S- she is a private figure plaintiff. Investigations. That investigation found 1-SC-36497, Aug. 3, 2017); Marchiondo v. BACKGROUND that Plaintiff was employed with the City Brown, 1982-NMSC-076, ¶ 24, 98 N.M. Factual Background Monday through Friday, from 8:00 a.m. 394, 649 P.2d 462. {2} Plaintiff worked exclusively as an to 5:00 p.m., for a total of forty hours per {7} “Ascertaining the status of [a] plaintiff administrative hearing officer for the -Of week and that she possibly defrauded the is necessary since it dictates the standard of fice of Administrative Hearings for the City by working at times as a tribal judge proof applicable in the law suit [sic].” Coro- City for over one year. She then sought at the Pueblo of San Felipe during those nado Credit Union v. KOAT Television, Inc., and acquired a second job, an action that hours. The investigation findings also 1982-NMCA-176, ¶ 33, 99 N.M. 233, 656 required prior written approval from the noted that Plaintiff used her City-issued P.2d 896. Public official and public figure City’s human resources department per computer to correspond with the San plaintiffs must prove that the defendant the City personnel code. Plaintiff began Felipe Pueblo, that she admitted working acted with actual malice in publishing a serving as a tribal judge for the San Felipe longer than her scheduled hours at San defamatory statement, Sullivan, 376 U.S. tribal court before receiving written ap- Felipe, and that she claimed to have “made at 279-80, but a private figure plaintiff proval from the City’s human resources up” the time with the City, but she lacked need only prove that the defendant acted department, though by then her immedi- documentation showing as much. negligently. Newberry v. Allied Stores, Inc., ate supervisor in the Office of Adminis- {4} Plaintiff did not contest the findings 1989-NMSC-024, ¶ 21, 108 N.M. 424, 773 trative Hearings approved her request in of the investigator, and she voluntarily re- P.2d 1231. The heavier burden on public a form titled “Request for Permission to signed her employment with the City. Two official and public figure plaintiffs reflects Engage in Employment Outside the City days after her resignation, KRQE News “a profound national commitment to the of Albuquerque.” Bar Bulletin - August 22, 2018 - Volume 57, No. 34 15 Advance Opinions http://www.nmcompcomm.us/ principle that debate on public issues general interest in the qualifications and performed by a hearing officer qualify should be uninhibited, robust, and wide- performance of all government employ- Plaintiff as a public official. open, and that it may well include vehe- ees. Id. (internal quotation marks and {12} We describe with some detail the ment, caustic, and sometimes unpleasantly citation omitted). The public has a special work that Plaintiff performed as a hear- sharp attacks on government and public interest in persons “who are in a position ing officer and agree with Defendants: officials.” Sullivan, 376 U.S. at 270. Spe- significantly to influence the resolution Plaintiff is a public official for purposes of cifically, public official and public figure of . . . [public] issues.” Rosenblatt v. Baer, her defamation suit because she possessed plaintiffs must prove that the defendant 383 U.S. 75, 85 (1966). substantial responsibility for and control acted in reckless disregard of the truth {10} The district court noted that Plain- over governmental affairs. and with knowledge of falsity. Newberry, tiff’s position as a hearing officer “is dis- {13} Plaintiff was an employee of the City. 1989-NMSC-024, ¶ 17; see Furgason v. tinguishable from positions that clearly She was appointed as an administrative Clausen, 1989-NMCA-084, ¶ 26, 109 N.M. are classified as a ‘public official,’ such as hearing officer under Chapter 2, Article 331, 785 P.2d 242 (“[W]here a plaintiff in a an elected city commissioner or a district 7 of the City’s ordinance in June 2009. defamation action is either a public official court judge[,]” the positions held by the Albuquerque, N.M., City Ordinance ch. or a public figure, or where an allegedly plaintiffs in two federal cases, Sullivan, 376 3, art. VII, § 2-7-8-5(B) (2009, amended defamatory statement involved a matter of U.S. 254, and Garrison v. State of Louisiana, 2012) At the time of her hiring, Section public concern, it is incumbent upon the 379 U.S. 64 (1964). While that may be 2-7-8-5(B) of the ordinance stated that plaintiff to prove that the defendant acted true, it does not eliminate the possibility hearing officers are to “be appointed by with actual malice[.]” (internal quotation that a hearing officer—hired to resolve the Presiding Judge of the Civil Division marks and citation omitted)). disputes in matters of public concern of the Second Judicial [District] Court.” {8} In Furgason, we acknowledged that the in proceedings that are at the very least Plaintiff’s interview for the hearing officer terms “public figures” and “public officials” quasi-judicial—is also a public official. position took place before three district have not been defined, but we have adopt- To determine whether this is the case, court judges. ed tests for determining whether a person we apply the test for public official status {14} The creation of the position that is to be considered one. 1989-NMCA-084, articulated in Rosenblatt and adopted in Plaintiff occupied sheds further light on ¶ 29 (internal quotation marks omitted). Furgason, which we repeat in full below: its public nature. Section 2-7-8-2 provides The first category of plaintiffs that must It is clear that the “public official” context, explaining that the City estab- prove actual malice has been generally designation applies at the very lished the Independent Office of Hearings, stated to include those who, “by reason of least to those among the hier- a division of the City that independently the notoriety of their achievements or the archy of government employees conducts the hearings that the City re- vigor and success with which they seek who have, or appear to the public quires, because the use of city employees as the public’s attention, are properly classed to have, substantial responsibility hearing officers “has created a perception as public figures.”Id. (internal quotation for or control over the conduct of that the independence of hearing officers marks and citation omitted). There are governmental affairs. has been or can be compromised.” Sec- two types of public figures, “those who Where a position in government tion 2-7-8-2(D). “To ensure confidence in occupy positions of such persuasive power has such apparent importance the hearing officer process it has become and influence that they are deemed public that the public has an indepen- necessary to create an Independent Office figures for all purposes, and limited public dent interest in the qualifications of Hearings to protect employees acting as figures, consisting of those who have thrust and performance of the person hearing officers from actual or perceived themselves to the forefront of particular who holds it, beyond the gen- influence from the city’s administration.” public controversy in order to influence eral public interest in the quali- Section 2-7-8-2(E). the resolution of the issues involved.” Id. fications and performance of all {15} The role that a hearing officer plays (alteration omitted). government employees, . . . the in the administration of city ordinances {9} Regarding the latter category, the test [actual] malice standards apply. and the adjudication of disputes over for whether a given plaintiff is a public Furgason, 1989-NMCA-084, ¶ 35 (omis- city ordinances, which are governmental official turns on the degree of the per- sions omitted) (quoting Rosenblatt, 383 affairs, carries with it such weight and son’s responsibility for and control over U.S. at 85-86). Based on the application of responsibility that the city council under- government affairs. Id. ¶ 35. “It is clear this test, we reverse the order of the district took, by its creation of the Independent that the ‘public official’ designation ap- court determining that Plaintiff was not a Office of Hearings, specific measures to plies at the very least to those among the public official. ensure “that any city hearing officer act[s] hierarchy of government employees who {11} On appeal, Defendants argue that in a fair and impartial manner” and is have, or appear to the public to have, sub- only one New Mexico case squarely ad- “perceived as acting in a fair and impartial stantial responsibility for or control over dresses the public official status of Plaintiff, manner.” Section 2-7-8-2(C). The parties the conduct of governmental affairs.” Id. citing Ammerman v. Hubbard Broadcast- present during a hearing are members of (omission, internal quotation marks, and ing, Inc., 1977-NMCA-127, 91 N.M. 250, the public, and it is the public’s percep- citation omitted). Public officials occupy 572 P.2d 1258, and that the plaintiff in tion of hearing officers that led the city positions in government that have “such that case was employed by the police council to establish the Independent Office apparent importance that the public has department, unlike the situation in this of Hearings. We find the establishment an independent interest in the qualifica- case. Id. ¶ 1. Defendants then argue that of the Independent Office of Hearings tions and performance of the person who the quasi-judicial character of Plaintiff’s indicative of the public’s special interest holds it,” one that is beyond the public’s position as a hearing officer and the work in the qualifications and performance

16 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Advance Opinions http://www.nmcompcomm.us/ of hearing officers, one that exceeds the ordinances varied. Plaintiff said that she “putting yourself in the public eye to let interest it has in the qualifications and handled vehicle seizure issues and carport people know what you think[]” are not performance of any government employee zoning issues, and she was also asked “to conditions of public official status in the given the City’s heightened sensitivity to do work on proposal language on [a] new context of defamation lawsuits. Whether public perception. See Furgason, 1989- ordinance,” and “to do work on two seizure the government employee plaintiff was a NMCA-084, ¶ 35 (explaining that public provisions and asked to do some firearms politician or subject to election may suffice officials occupy positions in government cases[.]” Plaintiff said that she initially to conclude that the plaintiff is a public that have “such apparent importance that presided over hearings addressing the use official, but it is not necessary to reach the public has an independent interest in of red light cameras, but later she accepted that conclusion. The test for public official the qualifications and performance of the more work, including zoning hearings, status hinges on whether the defamation person who holds it,” one that is beyond when her red light docket slowed. She plaintiff has “substantial responsibility for the public’s general interest “in the qualifi- handled as many as 35-60 zoning hearings or control over the conduct of governmen- cations and performance of all government in one day, which dealt with “proposed tal affairs.”Furgason , 1989-NMCA-084, ¶ employees” (internal quotation marks and brick walls, special variance exceptions, 35 (internal quotation marks and citation citation omitted)). [and] parking space variances, etc.” She omitted). Such authority at times exists {16} Plaintiff’s performance in her role as described the zoning hearings as “a com- in the absence of elections and politics. a hearing officer was extensive in both the pletely different type of hearing.” All of her Additionally, we do not look to state stat- scope of her authority and in the subject decisions had to be written. Once each case utes to inform our understanding of who matter to which her authority extended. closed, she made a decision based on the constitutes a public official.See Rosenblatt, For example, hearing officers are required zoning codes and prepared written find- 383 U.S. at 84 (rejecting the suggestion that to determine whether the City could prove ings and conditions of approval. Plaintiff the determination of public official status by a preponderance of the evidence that also said that up to sixty members of the should be answered by reference to state a member of the public violated a city public attended some of these hearings. law standards because states “have devel- ordinance. They also occasionally rule on The number of hearings, the breadth of the oped definitions of ‘public official’ for local the constitutionality of city ordinances. subject matter of the hearings, and the at- administrative purposes, not the purposes They preside over hearings and swear tendance of and participation by the public of a national constitutional protection”). in witnesses as needed. Hearing officers in these hearings bolsters the importance CONCLUSION are responsible for conducting all of the of Plaintiff’s position such that the public {19} We reverse the order of the district City’s hearings concerning its ordinances, has an interest in her qualifications and court concluding that Plaintiff is a private which include land use, zoning, liquor li- performance of the work, and evinces figure and hold that she is a public official, censes, and personnel hearings. Moreover, Plaintiff’s responsibility for and control and we remand for further proceedings determinations of a hearing officer are over the conduct of governmental affairs. consistent with this opinion. subject to judicial review, and like most {18} Finally, we briefly address Plaintiff’s any court ruling, can be appealed by the arguments that (1) hearing officers cannot {20} IT IS SO ORDERED. non-prevailing party. be considered public officials because they STEPHEN G. FRENCH, Judge {17} Functionally, Plaintiff was the deci- are unelected, and (2) one of our statutes sion making authority in semi-formal, defines “ ‘public official’ as ‘a person elected WE CONCUR: quasi-judicial proceedings that involved to an office in an election covered by the J. MILES HANISEE, Judge the application of law, including city or- Campaign Reporting Act[.]’ ” NMSA EMIL J. KIEHNE, Judge dinances, to the conduct of members of 1978, § 1-19-26(P) (2015) Running for the public. And the subject matter of the office, hiring a campaign manager, or

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 17 Professional Development Package Representing Injured People Still Around New Mexico buying one CLE class at 505-217-2200 a time? MedranoStruckLaw.com BAM! 500 Tijeras Ave. NW Get unlimited Albuquerque, NM 87102 CLE courses! Aqui, los abogados hablan Español Two packages available! We are accepting cases involving: • Wrongful Death Actions • Uninsured Motorist • Up to 15 CLE credits* and • Auto Accidents • Underinsured Motorist Unlimited Audit • Trucking Accidents • Insurance Bad Faith • Dog Bites • Unfair Claims Handling • Complimentary or discounted • Slip and Fall Annual Meeting registration* • Trip and Fall • Concierge service (invaluable)* • Credits filed (invaluable) Mario M. Medrano *Depending on the chosen package. Raynard is also available for: For more information, and to purchase • Mediations • Guardian ad litem (PI) the Professional Development Package, • Arbitrations (Panel or • Pepperdine University contact [email protected] Single) Law – Straus Institute or 505-797-6020. • Settlement Conferences “Mediating the Litigated • Personal Representative Case” seminar (PI) participant (2016) Raynard Struck

EXCELLENT OFFICE FOR SALE/LEASE

3420 & 3500 Constitution Ave. NE

Owner/User or Investment Property for Sale/Rent

• < 1 mile from UNM Law School and Court of Appeals • Owner will buildout for attorney • Building Size: +/- 5,153 Square Feet • Excellent Parking • Excellent Signage • Excellent Demographics • Great Potential for expansion/redevelopment

Don’t forget the extra copies for your staff! www.nmbar.org/directory

Jeremy Nelson Alfredo Barrenechea Owner/Broker Owner/Broker 505-610-1655 505-401-0135 [email protected] alfredo@go -absolute.net

18 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Get Real Mediation Why try out your case or witness John B. Pound in a hotel conference room?

TrialMetrix, the local leader in mock trials and focus groups, lets you put on your case in a courtroom setting 45 years experience trying Our mock courtroom off Osuna cases throughout New Mexico, south of Journal Center features: representing plaintiffs

• Mock jurors selected to meet your and defendants desired demographics • Multi-camera courtroom audio and video capability • American College of Trial Lawyers • Jury room audio and video capabilities to capture deliberations • American Board of Trial Advocates • An experienced defense attorney • Will mediate cases anywhere in New (upon request) Mexico— no charge for travel time • A retired judge to offer a performance critique (upon request)

Call Russ Kauzlaric at (505) 263-8425

505 Don Gaspar, Santa Fe 505-983-8060 [email protected]

Applied EHSD, LLC Training and Consulting • Expert Witness services in Safety- related Regulatory Issues, includes issues of codes and standards of • Estate & Trust Disputes care. • Financial Elder Abuse • Workplace Safety Standards and Regulation in construction, • Expert Witness Services Oilfield, Manufacturing, BruceSRossMediation.com Government, (Municipal, State and Federal), Transportation, (818) 334-9627 Healthcare Safety. • Accident investigation, Root Cause Analysis, Workers' Compensation Safety Expert, Meditation, Prayer, the Practice of Law Critical Incident Analysis. & • OSHA Citation analysis and Join Kerry Morris for a 6 week class exploring the integration of the interpretation. Extensive OSHA western spiritual practices of meditation and prayer with the practice of law. standards application knowledge Thursdays, 12pm to 1pm • September 20 through October 25 and experience. Space is limited to 10 participants Michael Cummings The State Bar of New Mexico, 5121 Masthead NE, Albuquerque, NM President, Owner 505-300-4773 (office) To register or for more information contact Kerry Morris: 505-582- 9571 (cell) [email protected] • (505) 842-1362 [email protected] This program is sponsored by Kerry Morris, Esq. Use of space at the Bar Center AppliedEHSD.com is not an endorsement of the program by the State Bar of New Mexico.

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 19 Bespoke lawyering for a new millennium Bill Chesnut, MD JANE YOHALEM THE BEZPALKO LAW FIRM Orthopedic Surgeon, Retired Legal Research – Appeals – Tech Consulting (505) 341-9353 Fellow of the American www.bezpalkolawfirm.com Academy of Appellate Lawyers California Attorney AMERICAN ACADEMY OF APPELLATE LAWYERS 10+ years of experience in litigation and transactional law in California. Also licensed in New Mexico. Available for associations, referrals and of counsel. (505) 988-2826 Edward M. Anaya [email protected] (415) 300-0871 • [email protected]

LIKE Follow IMEs, EXPERT TESTIMONY, RECORD REVIEWS TWEET FREE ESTIMATES Share

Comment Visit the www.BillChesnutMD.com State Bar of www.nmbar.org [email protected] New Mexico’s 505-501-7556 www.nmbar.orgConnect website Classified Divorce Lawyers – Incredible Associate Attorney – Positions Opportunity w/ New Mexico Legal AV Rated Estate Planning Firm Group Albuquerque Law Firm seeks an attorney who Lawyer Position New Mexico Legal Group, a cutting edge is licensed and in good standing with 3-5 years Guebert Bruckner Gentile P.C. seeks an attor- divorce and family law practice is adding one of experience preferably in estate planning, ney with up to five years' experience and the more divorce and family law attorney to its probate law and transactional law. Please desire to work in tort and insurance litigation. existing team (David Crum, Cynthia Payne, Email resume to [email protected]. If interested, please send resume and recent Twila Larkin, Bob Matteucci, Kim Padilla and writing sample to: Hiring Partner, Guebert Amy Bailey). We are looking for one super cool Bruckner Gentile P.C., P.O. Box 93880, Al- lawyer to join us in our mission. Why is this an Assistant Attorney General buquerque, NM 87199-3880. All replies are incredible opportunity? You will build the very The Office of the New Mexico Attorney -Gen kept confidential. No telephone calls please. culture and policies you want to work under; eral is recruiting for an Assistant Attorney You will have access to cutting edge market- General position in the Special Prosecutions ing and practice management resources; You in Criminal Affairs. The job posting and will make more money yet work less than your further details are available at www.nmag. Multiple Trial Attorney Positions contemporaries; You will deliver outstanding gov/human-resources.aspx. Available in the Albuquerque Area services to your clients; You will have FUN! The Thirteenth Judicial District Attorney’s -Of (at least as much fun as a divorce attorney can fice is seeking entry level as well as experienced possibly have). This position is best filled by an Associate Attorney trial attorneys. Positions available in Sandoval, attorney who wants to help build something Terry & deGraauw P.C., a divorce and fam- Valencia, and Cibola Counties, where you extraordinary. This will be a drama free envi- ily law firm, is seeking a qualified associate will enjoy the convenience of working near a ronment filled with other team members who attorney with strong work ethic, compas- metropolitan area while gaining valuable trial want to experience something other than your sion and commitment to teamwork. One to experience in a smaller office, which provides run of the mill divorce firm. Interested candi- three years of experience preferred but not the opportunity to advance more quickly than dates: send whatever form of contact you think required. Benefits offered include competi- is afforded in larger offices. Salary commensu- is appropriate, explaining why you are drawn tive salary, as well as health, dental, vision rate with experience. Contact Krissy Saavedra to this position and how you can be an asset to and disability insurance, 401(k) plan and [email protected] or 505-771-7400 for the team, to Dcrum@NewMexicoLegalGroup. performance-based bonuses. Replies are an application. Apply as soon as possible. These com. All inquiries are completely confidential. confidential. Please email resume to Jennifer positions will fill up fast! We look forward to hearing from you! deGraauw at [email protected].

20 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 Program Director Litigation Attorney Trial Attorney and Regulatory Programs Department With 42 offices and over 1,200 attorneys, Senior Trial Attorney The State Bar of New Mexico seeks a full- Lewis Brisbois is one of the largest and most The Third Judicial District Attorney’s Office time Program Director for its Regulatory prestigious law firms in the nation. Our in Las Cruces is looking for: Trial Attorney: Programs Department. The Regulatory Pro- Albuquerque office is seeking associates Requirements: Licensed attorney in New grams Department includes the MCLE, with a minimum of five years of litigation Mexico, plus a minimum of two (2) years IOLTA, and Bridge the Gap Mentorship Pro- defense experience handling litigation mat- as a practicing attorney, or one (1) year as a grams, along with other regulatory functions. ters. Candidates must have credentials from prosecuting attorney. Salary Range: $57,688- The successful applicant must be able to work ABA approved law school, be licensed by $72,110; Senior Trial Attorney: Require- as part of a busy team and have experience the New Mexico state bar, and have excel- ments: Licensed attorney to practice law in in project management, staff management, lent writing skills. Duties include but are New Mexico plus a minimum of four (4) financial management, and marketing. Excel- not limited to independently managing a years as a practicing attorney in criminal law lent customer service and computer skills are litigation caseload from beginning to end, or three (3) years as a prosecuting attorney. also required. Minimum education required communicating with clients and providing Salary Range: $63,743-$79,679; Salary will is a Bachelor’s degree. Juris Doctor or other timely reporting, appearing at depositions be based upon experience and the District advanced degree preferred. This position of- and various court appearances and working Attorney’s Personnel and Compensation fers great career potential. Beginning salary closely with other attorneys and Partners on Plan. Submit Resume to Whitney Safranek, $50,000 to $55,000 plus an excellent benefits matters. Please submit your resume along Human Resources Administrator at wsaf- package. Please email cover letter and resume with a cover letter and two writing samples to [email protected]. Further description to [email protected], EOE. [email protected] All resumes of this position is listed on our website http:// will remain confidential. LBBS does not ac- donaanacountyda.com/. cept referrals from employment businesses Deputy City Attorney and/or employment agencies with respect City of Las Cruces - Deputy City Attorney. Clos- to the vacancies posted on this site. All em- ing date: September 10, 2018. Salary: $78,142.05 ployment businesses/agencies are required Contract Brief Writing -- $117,213.07 annually. Fulltime regular, exempt to contact LBBS's human resources depart- AV Rated Plaintiff’s firm looking for an -at position that plans, coordinates, and manages ment to obtain prior written authorization torney with 5+ years experience to do brief operations, functions, activities, staff and legal before referring any candidates to LBBS. writing on an hourly contract basis. Number issues in the City Attorney's Office to ensure The obtaining of prior written authorization of hours per week will vary. Must be familiar compliance with all applicable laws, policies, is a condition precedent to any agreement with all applicable State, Federal and Local and procedures. Minimum requirements: Juris (verbal or written) between the employment Rules. If interested, please send inquiries Doctor Degree AND seven (7) years of experi- business/ agency and LBBS. In the absence along with fee schedule and writing sample ence in a civil and criminal legal practice; at least of such written authorization being obtained to Office Manager, Post Office Box 25543, one (1) year of experience in municipal finance, any actions undertaken by the employment Albuquerque, NM 87125. All inquiries will land use, and public labor law is preferred. business/agency shall be deemed to have been be kept confidential. Member of the New Mexico State Bar Associa- performed without the consent or contractual tion, licensed to practice law in the state of New agreement of LBBS. LBBS shall therefore not be liable for any fees arising from such ac- Mexico; active with all New Mexico Bar annual Associate Attorney requirements. Valid driver's license may be re- tions or any fees arising from any referrals by quired or preferred. Visit website http://agency. employment businesses/agencies in respect of Trenchard & Hoskins in Roswell, NM is seek- governmentjobs.com/lascruces/default.cfm for the vacancies posted on this site. ing a New Mexico licensed associate attorney further information, job posting, requirements with experience in plaintiff litigation in our and online application process. Roswell, NM office. Please send your cover Senior Associate Attorney letter, resume, writing sample and transcripts to [email protected]. All inquiries AV Preeminent Rated litigation law firm in will be kept confidential. Assistant City Attorney El Paso, Texas with significant practice in The City of Albuquerque Legal Department is Texas and New Mexico seeks a Senior As- hiring an Assistant City Attorney to provide sociate attorney with five or more years of legal services to the City’s Department of Mu- experience in litigation and/or healthcare Part-time Legal Assistant nicipal Development (“DMD”). The area of law and strong research and writing skills. Part-time Legal Assistant for insurance focus includes, but is not limited to: contract Prefer someone with first chair experience. drafting, analysis, and negotiations; regula- defense downtown law firm. 3+ years ex- The position requires detail-oriented and perience. Strong organizational skills and tory law; procurement; general commercial self-motivated participation in all stages of transaction issues; intergovernmental agree- attention to detail necessary. Must be familiar medical malpractice and other civil litigation with Outlook and Word. Hourly wage DOE, ments; dispute resolution; and civil litigation. matters. Must be licensed in Texas and New Attention to detail and strong writing skills flexible hours. E-mail resume to: kayserk@ Mexico. Introductory letter, resume, and civerolo.com; fax resume to 505-764-6099; are essential. Five (5)+ years’ experience is writing sample required. Salary is dependent preferred and must be an active member of or, mail to Civerolo, Gralow & Hill, PA, P.O. upon experience. Contact us via email at: Box 887, Albuquerque NM 87103. the State Bar of New Mexico, in good stand- [email protected] ing. Please submit resume and writing sample to attention of “Legal Department DMD Assistant City Attorney Application” c/o Angela M. Aragon, Executive Assistant/HR Coordinator; P.O. Box 2248, Albuquerque, NM 87103, or [email protected].

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 21 Paralegal Law Office In Historic Building Litigation Paralegal with minimum of 3- 5 Office Space Fully-furnished downtown Santa Fe office years’ experience, including current work- with existing law firm. Restored National ing knowledge of State and Federal District Register building around enclosed patio, 3 Court rules, online research, trial prepara- 2040 4th St., N.W. blocks from State and Federal Courthouses. tion, document control management, and Three large professional offices for rent Copier, fax, telephone system, conference familiar with use of electronic databases and at 4th and I-40, Albuquerque, NM. Lease room, high-speed internet. Please contact related legal-use software technology. Seek- includes on site tenant and client parking, Chris Carlsen, (505) 986-1131. ing skilled, organized, and detail-oriented two (2) conference rooms, security, kitchen professional for established commercial civil and receptionist to greet clients and answer litigation firm. Email resumes to e_info@ phone. Call or email Gerald Bischoff at 505- abrfirm.com or Fax to 505-764-8374. 243-6721 and [email protected]. Miscellaneous

Senior Program Coordinator Want To Purchase The State Bar of New Mexico seeks a full-time Plaza500 Want to purchase minerals and other oil/ Senior Program Coordinator for its Regula- Fully furnished, IT-enabled office space that gas interests. Send details to: P.O. Box 13557, tory Programs Department. The Regulatory can grow with your business. Visit our pro- Denver, CO 80201 Programs Department includes the MCLE, fessional office suite located on the 5th floor IOLTA, and Bridge the Gap Mentorship Pro- of the prestigious Albuquerque Plaza office grams. The successful applicant must be able building at 201 Third Street NW. Contact to work as part of a team and have excellent Sandee at 505-999-1726. project management, customer service and computer skills. Prior work experience in the legal environment is a plus. Degree (Bach- elor’s or Associate’s) preferred. Compensation $35,000 to $40,000 plus an excellent benefits package. Please email cover letter and resume to [email protected], EOE.

Paralegal - Incredible Opportunity w/ New Mexico Legal Group New Mexico Legal Group, a cutting edge divorce and family law practice is looking for one more paralegal to join our team. Why is this an incredible opportunity? You will be involved in building the very culture and policies that you want to work under. We are offer great pay, health insurance, automatic 3% to your 401(k), vacation and generous PTO. And we deliver the highest quality rep- resentation to our clients. But most impor- tantly, we have FUN! Obviously (we hope it’s SUBMISSION DEADLINES obvious), we are looking for candidates with significant substantive experience in divorce and family law. People who like drama free All advertising must be submitted via e-mail by 4 p.m. environments, who communicate well with Wednesday, two weeks prior to publication (Bulletin publishes clients, and who actually enjoy this type of work will move directly to the front of the every Wednesday). Advertising will be accepted for publication line. Interested candidates should send a in the Bar Bulletin in accordance with standards and ad rates resume and cover letter explaining why you are perfect for this position to DCrum@New- set by the publisher and subject to the availability of space. No MexicoLegalGroup.com.com The cover letter guarantees can be given as to advertising publication dates is the most important thing you will send, so be creative and let us know who you really or placement although every effort will be made to comply are. We look forward to hearing from you! 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 Services by 10 a.m. on Thursday, 13 days prior to publication.

Board Certified Orthopedic Surgeon For more advertising information, contact: Board certified orthopedic surgeon available for case review, opinions, exams. Rates Marcia C. Ulibarri at 505-797-6058 quoted per case. Owen C DeWitt, MD, or email [email protected] [email protected]

22 Bar Bulletin - August 22, 2018 - Volume 57, No. 34 For complex family law WALTHER BENNETT MAYO HONEYCUTT is HOW IT’S DONE

SARAH BENNETT has been named Best Lawyers® 2019 Santa Fe Family Law LAWYER OF THE YEAR

P. C. 123 E. Marcy Street, Suite 205, Santa Fe, NM 505.795.7117 | www.wbmhlaw.com

Bar Bulletin - August 22, 2018 - Volume 57, No. 34 23 Stand Out from the Crowd Profile Your Firm or Business in the Bar Bulletin!

CLE Planner

March Your Guide to Continuing Legal Education 2017 Upgrade your marketing strategy and expose more Your next class awaits you at the Center for Legal than 8,000 members of the legal profession to your Education! products, services, or start-up. Purchase an insert in the Bar Bulletin, the State Bar’s weekly publication and take advantage of our loyal readership.

Disciplinary Board of the New Mexico Supreme Court Use an insert to Attorney Newsletter | Spring 2017 Look inside to see what’s new! Many Center for Legal Education courses include breakfast, lunch, materials and free WiFi access. • Announce products and services Reach us at 505-797-6020. ENE O LEAL EDUAION • Deliver news to your stakeholders 5121 Masthead NE • PO Box 92860, Albuquerque, NM 87199 www.nmbar.org • Educate the community about your passion • Promote leadership and accomplishments • And more – the possibilities are endless! Paid Advertising

From Chief Disciplinary Counsel Greetings from the Office of Disciplintary Counsel and the Disciplinary Board of the New Mexico Supreme Court. This newsletter is Bar Bulletin Inserts include intended to inform and educate members of the New Mexico Bar regarding activities and initiatives of the Board. The “Disciplinary Notes” are intended solely for informational and education purposes and do not represent advisory opinions by the Board, nor are they intended to serve as binding precedent for any particular matter coming before the Board. • 4-page, full-color design and printing • Centerfold placement

• Front cover announcement ABOUT OUR FIRM As a full-service law firm, provide high-quality legal service to those who are in need of immigration MANEY | GORDON | ZELLER help. It is our mission to practice law while adhering to the following • Expert marketing and design staff to help you get principles and beliefs: , P.A. is proud to • That we must commit to excellence on a daily basis; • That we must recognize the importance and effect of love and compassion within our lives and our practice; • That loyalty of and to our firm, our staff, and our clients • That we value growth and expansion of the firm; the most from your purchase shall be valued, rewarded and reciprocated; • That we shall endeavor to fulfill our commitments with • That promoting genuine and committed relationships enthusiasm and fun; among staff and clients is paramount; • That the struggle for improvement is worthwhile; • That we are indebted to our staff and maintain a • That maintaining fidelity to professional ethics and commitment to enhancing the quality of the lives of integrity as officers of the court is essential. our employees on both professional and personal levels; • That true advocacy on behalf of our clients can require • That we are committed to developing the skills of transcending convention; attorneys and assisting associate attorneys to achieve • That true advocacy on behalf of our clients can require expert levels of practice; the courage to serve through difficulty and even defeat; • That true advocacy on behalf of our clients is reward unto itself Get extra copies of your insert to use as a promotional piece to give to clients.

To take advantage of this opportunity, contact Account Executive Marcia Ulibarri at 505-797-6058. Ask about your member discount!