Official Publication of the State Bar of New Mexico August 29, 2018 • Volume 57, No. 35 Inside This Issue Notices .................................................................. 4 Governor Susana Martinez Appoints William Perkins to Sixth Judicial District Court ...................................................... 4 Appellate Practice Section Court of Appeals Candidate Forum ................................................ 4 Aaron Wolf Honored with the 2017 Justice Pamela B. Minzner Outstanding Advocacy for Women Award ............................ 7 Elizabeth Whitefield-Thorne In Memoriam ...................................................... 8 From the New Mexico Court of Appeals 2018-NMCA-047, A-1-CA-35275: State v. Montano........................................... 12 2018-NMCA-048, A-1-CA-35371: Sloane v. Rehoboth McKinley Christian Health Care Servs. ....................................... 21 Almost Blue by Norma Alonzo www.artworkinternational.com Planner Upcoming programming from the enter for egal ucation Regarding New Mexico Important Minimum Continuing Update! Legal Education By New Mexico Supreme Court order Minimum Continuing Legal Education will transition to State Bar of New Mexico Administration by September 2018. Through MCLE, the State Bar is committed to ✓ Providing exceptional customer service for members and course providers ✓ Certifying courses on relevant legal topics and emerging areas of law practice management ✓ Investing in new technology to assist members with reporting and tracking CLE credits ✓ Encouraging modern training delivery methods Stay tuned for details! Check your email and the Bar Bulletin for updates about the MCLE transition and please contact us with any questions at: 505-821-1980 • [email protected] www.nmbar.org/mcle MINIMUM CONTINUING LEGAL EDUCATION v 2 Bar Bulletin - August 29, 2018 - Volume 57, No. 35 Table of Contents Notices ................................................................................................................................................................4 Court of Appeals Opinions List ....................................................................................................................6 Calendar of Continuing Legal Education .............................................................................................. 10 Rule Making Activity Report ...................................................................................................................... 11 Opinions From the New Mexico Court of Appeals 2018-NMCA-047, A-1-CA-35275: State v. Montano ................................................................. 12 Officers, Board of Bar Commissioners 2018-NMCA-048, A-1-CA-35371: Sloane v. Rehoboth McKinley Christian Wesley O. Pool, President Gerald G. Dixon, President-elect Health Care Servs. ................................................................................................................................ 21 Ernestina R. Cruz, Secretary Treasurer Advertising ...................................................................................................................................................... 26 Scotty A. Holloman, Immediate Past President Board of Editors Gabrielle Dorian, Chair Taylor V. Bui Curtis G. Hayes C. James Kalm Meetings Workshops and Legal Clinics Anne E. Minard Matthew Ramirez Andrew Sefzik Michael Sievers August September Nancy Vincent Carolyn A. Wolf 30 4 State Bar Staff Trial Practice Law Section Board Common Legal Issues for Senior Citizens Executive Director Richard Spinello Noon, The Spence Law Firm Workshop Presentation Director of Communications 10–11:15 a.m., Alamo Senior Center, Evann Kleinschmidt September Alamogordo, 1-800-876-6657 505-797-6087 • [email protected] Graphic Designer Julie Schwartz 4 5 [email protected] Health Law Section Board Common Legal Issues for Senior Citizens Account Executive Marcia C. Ulibarri 9 a.m., teleconference Workshop Presentation 505-797-6058 • [email protected] 10–11:15 a.m., Deming Senior Center, 5 Deming, 1-800-876-6657 Communications Assistant Jaime Hernandez Employment and Labor Law Section 505-797-6040 • [email protected] Board 5 Digital Print Center Noon, State Bar Center Divorce Options Workshop Manager Brian Sanchez 6–8 p.m., State Bar Center, Albuquerque, Assistant Michael Rizzo 11 505-797-6022 Appellate Practice Section Board ©2018, State Bar of New Mexico. No part of this publica- Noon, teleconference 5 tion may be reprinted or otherwise reproduced without Civil Legal Clinic the publisher’s written permission. The Bar Bulletin has 11 10 a.m.–1 p.m., Second Judicial District the authority to edit letters and materials submitted for Bankruptcy Law Section Board Court, Albuquerque, 1-877-266-9861 publication. Publishing and editorial decisions are based Noon, U.S. Bankruptcy Court on the quality of writing, the timeliness of the article, 6 and the potential interest to readers. Appearance of 12 Common Legal Issues for Senior Citizens an article, editorial, feature, column, advertisement or Animal Law Section Board Workshop Presentation photograph in the Bar Bulletin does not constitute an Noon, State Bar Center 10–11:15 a.m., Munson Senior Center, Las endorsement by the Bar Bulletin or the State Bar of New Cruces, 1-800-876-6657 Mexico. The views expressed are those of the authors, 12 who are solely responsible for the accuracy of their Children's Law Section Board citations and quotations. State Bar members receive the Noon, Juvenile Justice Center 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 About Cover Image and Artist: Norma Alonzo has always taken her painting life seriously, albeit privately. An ex- Bulletin, PO Box 92860, Albuquerque, NM 87199-2860. traordinarily accomplished artist, she has been painting for over 25 years. Beginning as a landscape painter, she quickly transitioned to an immersion in all genres to experiment and learn. Through her paintings, Alonzo examines our place, 505-797-6000 • 800-876-6227 • Fax: 505-828-3765 metaphysically and functionally, in the midst of today’s fast-paced world. Her work has most recently been featured in [email protected] • www.nmbar.org the International Museum of Art, Arts International 2017 in El Paso, Texas. Learn more about Alonzo and view her work at www.artworkinternational.com. August 29, 2018 • Volume 57, No. 35 Bar Bulletin - August 29, 2018 - Volume 57, No. 35 3 Notices COURT NEWS Professionalism Tip New Mexico Commission on With respect to the courts and other tribunals: Access to Justice I will attempt to resolve, by agreement, my objections to matters contained in my The next meeting of the Commission opponent’s pleadings and discovery requests. On Access to Justice is from Noon-4 p.m. on Sept. 7, at the State Bar of New Mexico. Commission goals include expanding STATE BAR NEWS New Mexico Judges and resources for civil legal assistance to New Appellate Practice Section Lawyers Assistance Program Mexicans living in poverty, increasing Attorney Support Groups public awareness and encouraging and Court of Appeals Candidate Forum The Appellate Practice Section will • Sept. 10, 5:30 p.m. supporting pro bono work by attorneys. UNM School of Law, 1117 Stanford NE, Interested parties from the private bar and host a Candidate Forum for the eight candidates running for the New Mexico Albuquerque, King Room in the Law the public are welcome to attend. More Library (Group meets on the second information about the Commission is Court of Appeals this Nov. Save the date for 4-6 p.m., Oct. 18, at the State Bar Monday of the month.) Teleconference available at www.accesstojustice.nmcourts. participation is available. Dial 1-866- gov. Center in Albuquerque. The event will be live streamed at www.nmbar.org/ 640-4044 and enter code 7976003#. • Sept 17, 5:30 p.m. Second Judicial District Court AppellatePractice for those who cannot attend in person. Thank you to the New UNM School of Law, 1117 Stanford Destruction of Tapes Mexico Trial Lawyers Association, New NE, Albuquerque, King Room in the In accordance with 1.17.230.502 Mexico Defense Lawyers Association and Law Library (Group meets the third NMAC, taped proceedings on domestic Albuquerque Bar Association for their Monday of the month.) Teleconference matters cases in the range of cases filed in co-sponsorship of the event. participation is available. Dial 1-866- 1971-1999 will be destroyed. To review a 640-4044 and enter code 7976003#. comprehensive list of case numbers and Committee on Women and • Oct. 1, 5:30 p.m. party names or attorneys who have cases First United Methodist Church, 4th with proceedings on tape and wish to the Legal Profession and Lead SW, Albuquerque (The group have duplicates made should verify tape Aaron Wolf Honored with Justice normally meets the first Monday of the information with the Special Services Pamela B. Minzner Outstanding month but will skip September due to Division at 505-841-6717 from 8 a.m.-5 Advocacy for Women Award the Labor Day holiday.) p.m,. Mon.-Fri. The aforementioned tapes Join the Committee on Women and For more information, contact Latisha will be destroyed after Oct. 13. the Legal Profession for the presentation Frederick at 505-948-5023