February 3, 2016 • Volume 55, No. 5 Winter Light , by Dick Evans ARTWORKinternational, INC., Santa Fe Inside This Issue First Annual Attorney Appreciation Luncheon From the New Mexico Supreme Court and Awards Ceremony.............................................................. 7 2015-NMSC-029, No. 34,085: Update Contact Information for the Badilla v. Wal-Mart Stores East Inc.................................. 16 2016–2017 Bench & Bar Directory .......................................... 6 2015-NMSC-030, No. 34,411: State v. King ................... 24 Clerk’s Certificates ................................................................... 14 2015-NMSC-031, No. 34,526: State v. Paananen ........... 29 MONTGOMERY & ANDREWS, P.A. is pleased to announce the appointment of J. Brent Moore as 2016 President of the State Bar of New Mexico. J. Brent Moore is a shareholder with the law firm of Montgomery & Andrews and works in the firm’s Santa Fe office. He graduated from the University of New Mexico School of Law. His current practice focuses primarily on the fields of governmental relations, insurance regulation, and environmental law, and he assist clients with their lobbying efforts before the New Mexico Legislature and with their regulatory needs before New Mexico government agencies. Prior to going into private practice, he was the general counsel for the Insurance Division of the New Mexico Public Regulation Commission, where he worked on numerous issues for the Superintendent and the Division. In addition, he has served previously as agency counsel for the Navajo Nation Environmental Protection Agency and as an assistant general counsel for the New Mexico Environment Department. Moore also represents the Third Bar Commissioner District. 325 Paseo de Peralta 100 Sun Avenue NE, Suite 410 Santa Fe, N.M. 87501 Albuquerque, N.M. 87109 505-982-3873 505-884-4200 www.montand.com 2 Bar Bulletin - February 3, 2016 - Volume 55, No. 5 Table of Contents Notices .................................................................................................................................................................4 First Annual Attorney Appreciation Luncheon and Awards Ceremony ........................................7 Legal Education Calendar ..............................................................................................................................9 Wits of Certiorari ..............................................................................................................................................10 Court of Appeals Opinions List ...................................................................................................................13 Clerk’s Certificates ...........................................................................................................................................14 Recent Rule-Making Activity .......................................................................................................................17 Officers, Board of Bar Commissioners Opinions J. Brent Moore, President From the New Mexico Supreme Court Scotty A. Holloman, President-elect 2015-NMSC-029, No. 34,085: Badilla v. Wal-Mart Stores East Inc. .........................................16 Dustin K. Hunter, Vice President 2015-NMSC-030, No. 34,411: State v. King....................................................................................24 Gerald G. Dixon, Secretary Treasurer 2015-NMSC-031, No. 34,526: State v. Paananen .........................................................................29 Mary Martha Chicoski, Immediate Past President Advertising ........................................................................................................................................................33 Board of Editors Bruce Herr, Chair Michael Sievers Jamshid Askar Andrew Sefzik Meetings State Bar Workshops Nicole L. Banks Mark Standridge February February Alex Cotoia Carolyn Wolf Curtis Hayes Nancy Vincent 3 3 Employment and Labor Law Section BOD, Divorce Options Workshop State Bar Staff Noon, State Bar Center 6–8 p.m., State Bar Center, Albuquerque, 505-797-6003 Executive Director Joe Conte 5 Communications Coordinator/Editor Criminal Law Section BOD, 3 Evann Kleinschmidt Noon, Kelley & Boone, Albuquerque Civil Legal Clinic 505-797-6087 • [email protected] 10 a.m.–1 p.m., Second Judicial District 5 Graphic Designer Julie Schwartz Court, Albuquerque, 1-877-266-9861 [email protected] Appellate Practice Section BOD, Account Executive Marcia C. Ulibarri Noon, teleconference 5 Civil Legal Clinic 505-797-6058 • [email protected] 10 10 a.m.–1 p.m., First Judicial District Court, Digital Print Center Animal Law Section BOD, Santa Fe, 1-877-266-9861 Manager Brian Sanchez Noon, State Bar Center Assistant Michael Rizzo 9 10 Legal Clinic for Veterans: Children’s Law Section BOD, ©2016, State Bar of New Mexico. No part of this publica- 8:30–11 a.m., New Mexico Veterans Noon, Juvenile Justice Center tion may be reprinted or otherwise reproduced without Memorial, Albuquerque, the publisher’s written permission. The Bar Bulletin has 10 505-265-1711, ext. 34354 the authority to edit letters and materials submitted for Taxation Section BOD, 17 publication. Publishing and editorial decisions are based 11 a.m., teleconference on the quality of writing, the timeliness of the article, Family Law Clinic: 11 and the potential interest to readers. Appearance of 10 a.m.–1 p.m., Second Judicial District an article, editorial, feature, column, advertisement or Business Law Section BOD, Court, Albuquerque, 1-877-266-9861 4 p.m., teleconference photograph in the Bar Bulletin does not constitute an 24 endorsement by the Bar Bulletin or the State Bar of New 11 Consumer Debt/Bankruptcy Workshop: Mexico. The views expressed are those of the authors, Public Law Section BOD, 6–9 p.m., State Bar Center, Albuquerque, who are solely responsible for the accuracy of their noon, Montgomery & Andrews, Santa Fe 505-797-6094 citations and quotations. State Bar members receive the 12 Bar Bulletin as part of their annual dues. The Bar Bulletin Prosecutors Section BOD, is available at the subscription rate of $125 per year and Noon, State Bar Center 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 Cover Artist: Dick Evans was born in the Land of Enchantment and grew up in a rural farming community in the panhandle Bulletin, PO Box 92860, Albuquerque, NM 87199-2860. of Texas with no exposure to art until he started college. He graduated from the University of Utah with a BFA in Drawing and Painting and an MFA in Ceramics and Sculpture. Evans has taught art, primarily in ceramics, which is his primary form 505-797-6000 • 800-876-6227 • Fax: 505-828-3765 of expression. He has also produced sculpture in welded steel and cast bronze. Evans’ art is found in many art museums, Email: [email protected]. • www.nmbar.org corporate collections and publications. He feels that the more personal the statement is, the more universal it may be. By avoiding the visually expected, his art often aids the viewer to see surroundings in a different and richly rewarding February 3, 2016, Vol. 55, No. 5 manner. To view more of Evans’ work, visit www.dickevansart.com. Bar Bulletin - February 3, 2016 - Volume 55, No. 5 3 Notices COURT NEWS Professionalism Tip New Mexico Supreme Court With respect to my clients: Board of Legal Specialization I will advise my client that civility and courtesy are not weaknesses. Comments Solicited The following attorneys are applying for certification as a specialist in the area Janov at [email protected] or 505- in both the practice of law and how to run of law identified. Application is made 842-8302. Materials and bench briefs a law practice as a successful business. ECL under the New Mexico Board of Legal will be provided. will provide subsidized office space, office Specialization, Rules 19-101 through 19- Rescue Adoption Contracts equipment, State Bar licensing fees, CLE and 312 NMRA, which provide that the names mentorship fees. ECL will begin operations of those seeking to qualify shall be released Animal Talk in October and the Bar Foundation is cur- for publication. Further, attorneys and Guy Dicharry will present “Animal rently accepting applications from qualified others are encouraged to comment upon Rescue Adoption Contracts and the practitioners. To view the program descrip- any of the applicant’s qualifications within Uniform Commercial Code” at the next tion, visit www.nmbar.org/nmbardocs/ 30 days after the publication of this notice. Animal Talk at noon on Feb. 24 at the State formembers/ECLProgramDescription. Address comments to New Mexico Board Bar Center. Cookies and drinks will be pdf. For more information, contact Stormy of Legal Specialization, PO Box 93070, provided. R.S.V.P. to Evann Kleinschmidt, Ralstin at [email protected]. Albuquerque, NM 87199. [email protected]. Workers’ Compensation Law Michael Scott Owen Public Law Section Board of Bar Commissioners Accepting Award Nominations Local County-Municipal Third Bar Commissioner District Government Law The Public Law Section is accepting Randall Van Vleck Vacancy nominations for the Public Lawyer of the A vacancy exists in the Third Bar Com- Year Award, which will be presented at STATE BAR NEWS missioner District, representing