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