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April 11, 2012 • Volume 51, No. 15
Inside This Issue
Table of Contents.................................................3
Thirteenth Judicial District Court
Nominating Commission................................4
Board of Bar Commissioners
Appointments..................................................4
New Mexico Courts E-Filing Update...................6
Celebrate Law Day:
New Mexico Law Day Activities......................7
2012 State Bar Annual Awards:
Call for Nominations.......................................8
Hearsay/In Memoriam.......................................11
Clerk’s Certificates..............................................17
From the New Mexico Supreme Court
2012-NMSC-004, No. 32,436:
Estate of Gutierrez v. Meteor
Monument, LLC...........................................20
From the New Mexico Court of Appeals
2012-NMCA-027, No. 30,660:
City of Santa Fe, ex rel. v.
One (1) Black 2006 Jeep................................26
Flames and Attitude, by Claudia Fluegge (see page 3)
Weems Art Gallery, Albuquerque
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 1
Smarter divorces.
In or out of court.
Find out how we help clients make good
legal choices at www.waltherfamilylaw.com
Walther Family Law: Reinventing Family Law
6501 Americas Parkway NE, Albuquerque, NM 505.889.8240
1640 Old Pecos Trail, Suite C, Santa Fe, NM 505.984.0097
2 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
Table of Contents
Officers, Board of Bar Commissioners
Hans Voss, President
Andrew J. Cloutier, President-Elect
Erika Anderson, Vice President
Martha Chicoski, Secretary-Treasurer
Jessica A. Pérez, Immediate Past President
Board of Editors
Ian Bezpalko
Cynthia A. Christ
Kristin J. Dalton
Jocelyn C. Drennan
Jennifer C. Esquibel
Danny W. Jarrett
Maureen S. Moore
Tiffany L. Sanchez
Michael J. Thomas
Joseph Patrick Turk
State Bar Staff
Executive Director Joe Conte
Membership and Communications
Director Chris Morganti
Editor Dorma Seago
505-797-6030 • notices@nmbar.org
Graphic Designer Julie Schwartz
jschwartz@nmbar.org
Account Executive Marcia C. Ulibarri
505-797-6058 • mulibarri@nmbar.org
Digital Print Center
Manager Brian Sanchez
Assistant Michael Rizzo
©2012, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without
the publisher’s written permission. The Bar Bulletin has
the authority to edit letters and materials submitted for
publication. Publishing and editorial decisions are based
on the quality of writing, the timeliness of the article,
and the potential interest to readers. Appearance of
an article, editorial, feature, column, advertisement or
photograph in the Bar Bulletin does not constitute an
endorsement by the Bar Bulletin or the State Bar of New
Mexico. The views expressed are those of the authors,
who are solely responsible for the accuracy of their
citations and quotations. State Bar members receive the
Bar Bulletin as part of their annual dues. The Bar Bulletin
is available at the subscription rate of $125 per year and
is available online at www.nmbar.org.
The Bar Bulletin (ISSN 1062-6611) is published weekly
by the State Bar of New Mexico, 5121 Masthead NE,
Albuquerque, NM 87109-4367. Periodicals postage paid at
Albuquerque, NM. Postmaster: Send address changes to Bar
Bulletin, PO Box 92860, Albuquerque, NM 87199-2860.
505-797-6000 • 800-876-6227 • Fax: 505-828-3765
E-mail: address@nmbar.org. • www.nmbar.org
April 11, 2012, Vol. 51, No. 15
Notices .................................................................................................................................................................4
New Mexico Courts E-Filing Update...........................................................................................................6
Celebrate Law Day: New Mexico Law Day Activities............................................................................7
2012 State Bar Annual Awards: Call for Nominations..........................................................................8
Legal Education Calendar .............................................................................................................................9
Hearsay/In Memoriam.................................................................................................................................. 11
Writs of Certiorari .......................................................................................................................................... 14
List of Court of Appeals’ Opinions............................................................................................................ 16
Clerk’s Certificates.......................................................................................................................................... 17
Recent Rule-Making Activity...................................................................................................................... 19
Opinions
From the New Mexico Supreme Court
2012-NMSC-004, No. 32,436: Estate of Gutierrez v. Meteor Monument, LLC.................. 20
From the New Mexico Court of Appeals
2012-NMCA-027, No. 30,660: City of Santa Fe, ex rel. v. One (1) Black 2006 Jeep......... 26
Advertising....................................................................................................................................................... 29
State Bar Workshops
Meetings
April
April
11
Children’s Law Section BOD,
noon, Juvenile Justice Center
11
Lawyerly Referral for the Elderly Workshop
10:30–11:45 a.m., Presentation
9:30–10 a.m. and 1:30–3:30 p.m., Clinics
Phil Lovato Senior Center, Taos
11
Paralegal Division CLE Series,
noon, State Bar Center
25
11
Attorney Support Group, 5:30 p.m.,
Unitarian Universalist Church, Santa Fe
Consumer Debt/Bankruptcy Workshop
6–8 p.m., State Bar Center
12
Public Law Section BOD, noon,
Montgomery and Andrews, Santa Fe
26
Consumer Debt/Bankruptcy Workshop
5:30 p.m., Law Office of Kenneth Egan,
Las Cruces
12
Business Law Section BOD, 4 p.m.,
State Bar Center
May
14
Ethics Advisory Committee, 10 a.m.,
State Bar Center
9
Estate Planning/Probate Workshop
6 p.m., Mary Esther Gonzales Senior Center,
Santa Fe
17
Solo and Small Firm Section BOD,
11:30 a.m., noon, Section, State Bar Center
23
17
Appellate Practice Section BOD, 12:30 p.m.,
Holland and Hart, Santa Fe
18
Law Practice Management Committee,
noon, State Bar Center
Consumer Debt/Bankruptcy Workshop
6–8 p.m., State Bar Center
26
Consumer Debt/Bankruptcy Workshop
9 a.m., Law Office of Kenneth Egan,
Las Cruces
19
Health Law Section BOD, 7:30 a.m.
via teleconference
Cover Artist: Claudia Fluegge paints on silk with silk dyes. Her work is inspired by nature and movement, blending
realism with her own imagination. Her vibrant colors make her paintings come alive.
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 3
Notices
Professionalism Tip
Court News
With respect to the public and to other persons involved in the legal system:
NM Supreme Court
I will willingly participate in the disciplinary process.
Code of Judicial Conduct
Committee
Committee Vacancies
Two vacancies exist on the New Mexico
Supreme Court’s Code of Judicial Conduct
Committee. Those interested in volunteering their time to serve on this committee
may send a letter of interest and/or resume
to Joey D. Moya, Chief Clerk, PO Box 848,
Santa Fe, NM 87504-0848. Deadline for
letters/resumes is April 25.
Proposed Revisions to the
District Court Civil Forms
The Domestic Relations Rules Committee has recommended proposed new forms
for the Supreme Court’s consideration for
use in contested divorce proceedings. The
proposed new Form 4A-100 is intended
to replace current instructions in Forms
4A-100, and 4A-201 to -205. The proposed
new divorce petition forms are intended
to replace current Forms 4A-301 and 4A302. The committee is planning to publish
for comment additional new forms in the
months ahead for use by self-represented
litigants in subsequent stages of a contested
divorce proceeding. To comment on the
proposed amendments before they are submitted to the Court for final consideration,
either submit a comment electronically
through the Supreme Court’s website at
http://nmsupremecourt.nmcourts.gov/ or
send written comments to:
Joey D. Moya, Clerk
New Mexico Supreme Court
PO Box 848
Santa Fe, NM 87504-0848
Comments must be received by the Clerk
on or before April 25 to be considered by the
Court. Note that any submitted comments
may be posted on the Court’s website for
public viewing.
13th Judicial District Court
Nominating Commission
Six applications have been received in
the Judicial Selection Office as of 5 p.m.,
April 2, for the judicial vacancy on the 13th
Judicial District Court due to the retirement of the Honorable John W. Pope. The
District Judicial Nominating Commission
will meet at 9 a.m., April 12, at the Valencia
County Courthouse, 1385 Hwy 314 SW,
Los Lunas, to evaluate the applicants for this
position. The Commission meeting is open
to the public. Those wishing to make public
comment are requested to be present at the
opening of the meeting. The names of the
applicants in alphabetical order are:
LaDonna L. Giron
Walter M. Hart, III
Bryan L. McKay
Geoffrey R. Nims
James Lawrence Sánchez
Allen Richard Smith
US District Court
District of New Mexico
April Seminar
Join your colleagues for an afternoon
seminar at the beautiful Las Cruces courthouse. “Doing Justice in Criminal Cases”
will be presented from 11 a.m.–5 p.m., April
27, in the Jury Assembly Room, Second
Floor, 100 N. Church Street, Las Cruces.
Federal judges and attorneys will discuss
and share insights on effectively handling
criminal cases. Sessions include being
professional and ethical in the courtroom;
prosecution and defense disclosure obligations; and inadmissability, removability and
prosecutorial discretion in immigration
cases. For complete program information,
agenda and online registration, visit www.
nmcourt.fed.us. Hosted by the Federal Bar
Association and the U.S. District Court,
District of New Mexico. For questions and
assistance, call 505-348-2080.
State Bar News
Attorney Support Group
•April 16, 7:30 a.m.
Morning groups meet on the third
Monday of the month.
•May 7, 5:30 p.m.
Afternoon groups meet on the first
Monday of the month.
Both groups meet at the First United
Methodist Church at Fourth and
Lead SW, Albuquerque. For more
information, contact Bill Stratvert,
505-242-6845.
Support Group for Legal Professionals
•April 11, 5:30 p.m.
The group meets regularly on the
second Wednesday of the month at
the Unitarian Universalist Church,
107 West Barcelona Rd., Santa Fe.
For information, call Diego Zamora,
505-629-7343.
Board of Bar Commissioners
Appointments
Judicial Standards Commission
The Board of Bar Commissioners will
make one appointment to the Judicial
Standards Commission for a four-year term.
The responsibilities of the Judicial Standards
Commission are to receive, review, and
act upon complaints against state judges,
including supporting documentation on
Judicial Records Retention and Disposition Schedules
Pursuant to the Judicial Records Retention and Disposition Schedules, exhibits (see specifics for each court below) filed with the courts for the years and
courts shown below, including but not limited to cases that have been consolidated, are to be destroyed. Cases on appeal are excluded. Counsel for parties are
advised that exhibits (see specifics for each court below) can be retrieved by the dates shown below. Attorneys who have cases with exhibits may verify exhibit
information with the Special Services Division at the numbers shown below. Plaintiff(s) exhibits will be released to counsel of record for the plaintiff(s), and
defendant(s) exhibits will be released to counsel of record for defendant(s) by Order of the Court. All exhibits will be released in their entirety. Exhibits not
claimed by the allotted time will be considered abandoned and will be destroyed by Order of the Court.
Court
1st Judicial District Court
(505) 455-8275
Exhibits/Tapes
Exhibits children’s court, civil, criminal, domestic relations,
and probate cases
4 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
For Years
May Be Retrieved Through
1977–1997
May 14
www.nmbar.org
each case as well as other issues that may
surface. The commission meets once every
eight weeks in Albuquerque and additional
hearings may be held as many as four to
six times a year. The time commitment to
serve on this commission is significant and
the workload is voluminous. Applicants
should consider all potential conflicts caused
by service on this commission. Members
wishing to serve on the commission should
send a letter of interest and brief résumé by
April 27 to Executive Director Joe Conte,
State Bar of New Mexico, P.O. Box 92860,
Albuquerque, NM 87199-2860, fax to 505828-3765 or email at jconte@nmbar.org.
ABA House of Delegates
The Board of Bar Commissioners will
make one appointment to the American
Bar Association (ABA) House of Delegates
for a two-year term, which will expire at
the conclusion of the 2014 ABA Annual
Meeting. The delegate must be willing to
attend meetings or otherwise complete
his/her term and responsibilities without
reimbursement or compensation from
the State Bar; however, the ABA provides
reimbursement for expenses to attend the
ABA mid-year meetings. Members wishing
to serve on the board must be a current
ABA member in good standing and should
send a letter of interest and brief résumé by
April 27 to Executive Director Joe Conte,
State Bar of New Mexico, P.O. Box 92860,
Albuquerque, NM 87199-2860, fax to 505828-3765 or email at jconte@nmbar.org.
Third Bar Commissioner District (Los
Alamos, Rio Arriba, Sandoval and Santa
Fe Counties) Vacancy
A vacancy in the Third Bar Commissioner District, representing Los Alamos,
Rio Arriba, Sandoval and Santa Fe Counties,
was created due to the resignation of Deborah A. Armstrong. The Board will make the
appointment at a meeting on May 11 to fill
the vacancy until the next regular election
of Commissioners in November. The term
will run through December 31, 2012,
and applicants should plan to attend the
remaining 2012 board meetings scheduled
for July 12 at the Tamaya, September 7 in
Albuquerque, a board retreat in Cloudcroft
in late October or early November, and December 5 in Santa Fe. Active status members
with a principal place of practice located
in the Third Bar Commissioner District
are eligible to apply. Members interested
in serving on the Board should submit a
letter of interest and résumé by April 27 to
Executive Director Joe Conte, State Bar of
New Mexico, PO Box 92860, Albuquerque,
NM 87199-2860, fax to 505-828-3765 or
email at jconte@nmbar.org.
Elder Law Section
Annual Meeting and CLE
The Elder Law Section will hold its
annual membership meeting and lunch at
noon before the 9th Annual Spring Elder
Law Seminar (3.5 general CLE credits) May
11 at the State Bar Center. Contact Chair
Sara Traub, straub@pbwslaw.com, to place
an item on the agenda. See the CLE-Ata-Glance insert in the March 21 (Vol. 52,
No. 12) Bar Bulletin for program details.
Register online at www.nmbarcle.org or fax
to 505-797-6071.
Young Lawyers Division
Junior Judges Program
The Young Lawyers Division is seeking
attorney volunteers for the Junior Judges
Program. Volunteers will visit with students
enrolled in the 3rd, 4th, and 5th grades at
the Questa Independent Schools April 27.
If you are interested in participating or need
more information, contact Tina Cruz, tina.
cruz@cruzlaw-nm.com.
Luncheon With Justice Chávez, Roswell
The Young Lawyers Division will host
a luncheon with Justice Edward L. Chávez
of the New Mexico Supreme Court from
noon–1:30 p.m., April 17, at the offices of
Hinkle Hensley Shanor & Martin LLP, 400
Penn Plaza, Ste. 700, Roswell. Join YLD for
this ongoing series of informal discussions
with Justice Chávez about the practice of
law. Space is limited to the first 14 YLD
members who respond. Lunch will be provided and preference will be given to those
who have not previously attended. Please
R.S.V.P. by April 11 to Martha Chicoski,
martha@chicoskilaw.com.
Volunteers Needed for National
Mock Trial Championships
Looking for a fun and easy way to
get some volunteer hours? Volunteers are
needed for the 2012 National Mock Trial
Championships on Friday, May 4, and Saturday, May 5, in Albuquerque. This is also
a great opportunity to see some top kids
in action and support their interest in the
judicial system. To volunteer, contact YLD
Region 1 Director Ken Stalter, kstalter@
da.state.nm.us. Include your name, email
address, and phone number. You will have
the opportunity to select what times you
would like to volunteer. Volunteers will also
need to attend a volunteer training at 4:30
p.m., May 3.
LawPay
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UNM
Law Library Hours
To May 12
Building & Circulation
Monday–Thursday 8 a.m.–10 p.m.
Friday
8 a.m.–6 p.m.
Saturday
8 a.m.–5 p.m.
Sunday
noon–8 p.m.
Reference
Monday–Friday 9 a.m.–6 p.m.
Saturday–SundayClosed
Other Bars
NM Criminal Defense
Lawyers Association
April CLE
The New Mexico Criminal Defense
Lawyers Association in partnership with the
New Mexico Women’s Bar Association and
the New Mexico Hispanic Bar Association
will present Spring Cleaning Your Practice
Management (5.0 general and 1.0 ethics/
professionalism CLE credits) April 13 at
1635 University Blvd. NE., Albuquerque.
Topics include fees, staffing, marketing and
more. Registration is $100 for members
of the above bars, $150 for all others. Full
program and online registration information is available at www.nmcdla.org or call
505-992-0050.
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 5
Notices
New Mexico Courts E-Filing Update
File and Serve System Patch—On April 3, the File and Serve system was upgraded to include
the following improvements:
■■ The opening page of the system was modified so that text at the top of the “message of the day” will always be visible, thus
eliminating the need to scroll up to see the message.
■■ T he file stamp and case number were repositioned on e-filed documents to conform to existing court practice with paper
filings, thus making e-filed and non e-filed documents more consistent.
■■ Attachment labels were limited to 60 characters to improve readability for judges and courts staff.
Many other minor fixes were implemented with this system patch, but we hope that these small bug fixes will not be
particularly noticeable to filers.
Filing Stats—During March, the total number of filings was 33,144, for all five court districts now on mandatory e-filing. This is
the highest number of e-filings received in a month since the program was initiated in July of 2011. During March, most courts
managed to keep up with the load, but the busiest courts may take from 24 to 36 hours to process e-filings.
File and Serve Downtime—The File and Serve system had two brief down time instances during the week of March 26, both
of which were less than 15 minutes.
■■ Helpful Links and Contacts
•Visit https://ofs.tylerhost.net/nm for Odyssey File and
Serve support, training, and contact information.
•The Judicial Information Division (JID) support is
available from 8 a.m.–5 p.m., Monday–Friday.
JID Help Desk
1-505-476-6911
JID Help Desk Email
helpdesk@nmcourts.gov
Other News
•Judicial District Emails
1st Judicial District Court: sfedefile@nmcourts.gov
2nd Judicial District Court: albdefile@nmcourts.gov
13th Judicial District Court: lludefile@nmcourts.gov
NM Legal Aid
Christian Legal Aid
New Volunteer Training
Christian Legal Aid of New Mexico
invites new members to join us as we work
together to secure justice for the poor and
uphold the cause of the needy. A New Volunteer Seminar will be held from 11 a.m.–5
p.m., April 20, in the State Bar Boardroom.
Join us for free lunch and training as we
learn the basics on how to provide legal aid.
For more information or to register, contact
Jen Meisner, 505-610-8800, or Jim Roach,
505-243-4419, or email christianlegalaid@
hotmail.com.
Free Legal Clinics
Free legal clinics to qualified low-income
New Mexico residents, 301 Gold Avenue
SW, Albuquerque:
•Unemployment Insurance
Compensation Clinic
Once a month on Friday morning
9 a.m., April 27, May 22, June 22
•Divorce Clinic
Every other Friday afternoon
1 p.m., April 20, May 18
Anyone interested must contact New
Mexico Legal Aid to apply and schedule
a date to attend one of the clinics. For
further information, call 505-243-7871.
Also contact the office with legal questions
involving housing, consumer and public
benefits. Victims of domestic violence or
sexual assault can call the hotline, 505-2434300 or 1-877-974-3400
New Mexico Lawyers
and Judges
Assistance Program
Help and support are only a phone call away.
6 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
24-Hour Helpline
Attorneys/Law Students
505-228-1948 • 800-860-4914
Judges
888-502-1289
—From the New Mexico Supreme Court
The Bar Bulletin accepts articles
relating to the justice system;
the regulation of the legal
profession; the improvement
of the quality of legal services;
legal history and people; recent
court decisions, rule changes,
and legislation; matters
relating to the State Bar; as well
as reviews of books and other
resources that may be
of interest to legal professionals.
CLE credit may be earned
for articles published
in the Bar Bulletin
or the New Mexico Lawyer.
Contact Dorma Seago,
dseago@nmbar.org.
CELEBRATE LAW DAY
New Mexico Law Day Activities
■■ Albuquerque Bar Association Law Day Luncheon
Noon, May 1, Hyatt Regency Hotel, 330 Tijeras NW, Albuquerque
Keynote Speaker:
The Hon. Jimmie V. Reyna, Circuit Judge,
U.S. Court of Appeals for the Federal Circuit
Judge Reyna was born and raised in New Mexico. He attended the University of
Rochester (B.A., 1975) and the UNM School of Law (J.D.,1978).
Special Recognitions:
2012 Gene Franchini Mock Trial Champions
State Bar Essay Contest Winners
Please note this is a pre-paid event. Tickets will not be sold at the door. A large turnout
is expected for this program so make your reservations today: individual tickets, $40;
table of 10, $400; sponsorship and table of 10, $720; sponsorship, $400. Recognition
of sponsors and donations will appear on the program and will be announced at the
luncheon. Register by noon, April 27.
To register: log on to www.abqbar.org; send email to abqbar@abqbar.org; call 505-842-1151 or 505-243-2615;
fax to 505-842-0287; or mail to PO Box 40, Albuquerque, NM 87103.
■■Chaves County Bar Association Schedule of Events
April 26, 6 p.m.
Law Day Banquet ($50/person)
Bassett Auditorium-Roswell Museum and Art Center, 100 W. 11 Street
Guest Speaker: The Honorable Neil M. Corsuch, United State Court of Appeals for the 19th Circuit
April 27, 7–8 a.m.
Young Lawyers Breakfast With the Judges, Sale Barn Café, 900 N. Garden Avenue
9–10 a.m.
Student Mock Trial and Question/Answer Period With Young Lawyers
Roswell High School Little Theater, 500 W. Hobbs Street
10 a.m.–noon New Mexico Court of Appeals Oral Arguments and Question/Answer Period
Roswell High School Little Theater, 500 W. Hobbs Street
noon–1 p.m. Chaves County Bar Association Luncheon
Roswell Regional Hospital Conference Room, 117 E. 19 Street ($10/person)
Guest Speaker: Chief Judge Celia Foy Castillo, New Mexico Court of Appeals
For more information, contact Chair Chelsea R. Green, Law Day Committee, cgreen@hinklelawfirm.com or 575-622-6510.
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The State Bar now
has paperless billing.
No more piles of papers!
Whatever you purchase, from bar dues to
advertising, you are receiving invoices and
statements by email from State Bar Accounting.
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 7
Call For Nominations
State Bar of New Mexico
2012 Annual Awards
N
ominations are being accepted for the 2012 State Bar of New Mexico Annual Awards to recognize those who have
distinguished themselves or who have made exemplary contributions to the State Bar or legal profession in 2011 or
2012. The awards will be presented July 13 during the 2012 Annual Meeting at the Hyatt Regency Tamaya Resort and
Spa, Santa Ana Pueblo, New Mexico. All awards are limited to one recipient per year, whether living or deceased. Previous
recipients for the last five years are listed below.
Justice Pamela B. minzner*
Professionalism award
roBert h. lafollette*
Pro Bono award
Recognizes one or more attorneys or judges
who, over long and distinguished legal careers,
have by their ethical and personal conduct exemplified for their fellow attorneys the epitome
of professionalism.
Previous recipients: Hon. Angela J. Jewell,
Raymond Hamilton, John P. Salazar, Thomas D. Haines, Jr., Michael
Schwartz, Hon. Pamela B. Minzner
Presented to an attorney who has made an
exemplary contribution of time and effort, without compensation, to provide legal assistance
to people who could not afford the assistance
of an attorney.
Previous recipients: Alan Wainwright,
Ronald E. Holmes, Ben A. Longwill,
Matthew T. Byers, Laurie A. Hedrich
*Known for her fervent and unyielding commitment
to professionalism, Justice Minzner (1943–2007)
served on the New Mexico Supreme Court from
1994 to 2007.
seth d. montgomery*
distinguished Judicial
service award
Recognizes judges who have distinguished
themselves through long and exemplary service on the bench and who have significantly
advanced the administration of justice; generally given to judges who have or soon will be
retiring.
Previous recipients: Hon. Jerald A.
Valentine, Hon. James A. Hall,
Hon. Mark B. McFeeley, Hon. A.
Joseph Alarid, Hon. Lynn Pickard,
Hon. David W. Bonem
*Justice Montgomery (1937–1998), a brilliant and
widely respected attorney and jurist, served on the New
Mexico Supreme Court from 1989 to 1994.
*Robert LaFollette (1900–1977), director of Legal Aid
to the Poor, was a champion of the underprivileged
who, through countless volunteer hours and personal
generosity and sacrifice, was the consummate
humanitarian and philanthropist.
distinguished Bar service
award—nonlawyer
Recognizes nonlawyers who have provided
valuable service and contributions to the legal
profession over a significant period of time.
Previous recipients: David Smoak, Robin
Gomez, Sally Saunders, Carolyn L.
Cochran, John B. Arango, Karen
Duprey, Bonita Ortiz, Amanda Wang
outstanding young lawyer
of the year award
Awarded to one or more attorneys who have,
during the formative stages of their legal careers
by their ethical and personal conduct, exemplified for their fellow attorneys the epitome of
professionalism; nominee has demonstrated
commitment to clients’ causes and to public
service, enhancing the image of the legal profession in the eyes of the public; nominee must
have practiced no more than five years or must
be no more than 36 years of age.
Previous recipients: Keya Koul,
Christina A. Vigil, Clara Moran,
Vincent J. Ward, Marcus J. Rael Jr.,
Diandra D. Benally, Carlos Fierro
outstanding legal organization
or Program award
Recognizes sections, committees, local
and voluntary bars and outstanding or
extraordinary law-related programs that
serve the legal profession and the public.
Previous recipient:
UNM School of Law Clinical Law
Programs, CCV N.M. High School
Mock Trial Program, N.M. Hispanic
Bar Association, Albuquerque Bar
Association Law Day Program, San
Juan County Bar Association, Chaves
County Bar Association
distinguished Bar service
award—lawyer
Recognizes attorneys who have provided
valuable service and contributions to the legal
profession over a significant period of time.
Previous recipients: Mary T. Torres,
Dennis E. Jontz, Randy J. Knudson,
Charles J. Vigil, Andrew G. Schultz,
Norman S. Thayer
A letter of nomination for each nominee should be sent to: Joe Conte, Executive Director, State Bar of New Mexico,
PO Box 92860, Albuquerque, NM 87199-2860; or Fax (505) 828-3765; or e-mail jconte@nmbar.org.
Deadline for Nominations: April 30
8 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
Legal Education
April
12
Drafting Life Insurance Trusts
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
17
Cybersleuth’s Guide
to the Internet
5.5 G
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
24
12
Recusal: A Hot New Legal
Ethics Topic
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
17
Everyday Ethics in Your Practice
3.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
13
17
Admissible Evidence: Computer
Forensics Investigation
2.0 G
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
Basics of Real Estate Transactions:
From Negotiation to Closing
4.6 G, 1.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Skeptically Determining the Limits
of Expert Testimony and Evidence,
Part 3
4.7 G, 2.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Spring Cleaning Your Law
Practice Management
6.0 G
New Mexico Criminal Defense
Lawyers Association, New Mexico
Women’s Bar Association. and New
Mexico Hispanic Bar Association
505-992-0050 or info@nmcdla.org
16
17–18 Real Estate Joint Ventures,
Parts 1 and 2
2.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
26
Building Your Practice
3.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Compatibility of Legal
and Judicial Ethics
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
Construction Contracts:
Anticipating the Unanticipated,
Ensuring Performance and
Limiting Downside Risk
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
18
Bench and Bar Substance Abuse
and Other Misjudgments
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
19
Landlord Tenant Law
General
5.6 G, 1.0 EP
Albuquerque
Sterling Education Services
715-835-5132
www.sterlingeducation.com
17
20
2011 EP Conquering the Pitfalls
of Our Profession for a Healthy
and Successful Career
2.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Franchisee Red Flags and Traps:
What You Should Know Before
Your Client Buys
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
26
13
13
23
Mediation: Basics and Procedure
2.0 G
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
Confrontation Rights
in the Bullcoming ERA
5.3 G
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
26
Electronically Stored Information:
What’s Under Lock and Key
2.0 G
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
26
Retain Your Clients
3.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
27–28 2012 New Mexico Collaborative
Law Symposium: The Basics
11.0 G, 1.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 9
Legal Education
27
31st Annual Update
on New Mexico Tort Law
6.5 G
Albuquerque
New Mexico Trial Lawyers’
Foundation
(505) 243-6003
www.nmtla.org
27
Ethics for Estate
and Trust Planners
1.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
www.nmbar.org
27
Recusal: A Hot New Legal
Ethics Topic
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
27–28 2012 New Mexico Collaborative
Law Symposium: The Basics
11.0 G, 1.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
28
Construction Contracts:
Anticipating the Unanticipated,
Ensuring Performance and
Limiting Downside Risk
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
May
The Relevance and Risk of
e-Discovery for Everyday Practice
4.7 G, 2.0 EP
Las Cruces VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
6
2
Recusal: A Hot New Legal
Ethics Topic
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
6
2011 Real Property Institute
6.3 G, 1.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Compensation Plans in Closely
Held Businesses, Including S
Corps and LLCs
1.0 G
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
6
Everyday Ethics in Your Practice
3.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
8
The Basics of Employment Law
6.1 G, 2.0 EP
Las Cruces VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
7
Arbitration: Basics and Procedure
2.0 G
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
10
3
Admissible Evidence: Computer
Forensics Investigation
2.0 G
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
4
Bench and Bar Substance Abuse
and Other Misjudgments
2.0 EP
Teleconference
TRT, Inc.
800-672-6253
www.trtcle.com
2011 Ethics/Professionalism:
Conquering the Pitfalls of Our
Profession for a Healthy and
Successful Career
2.0 EP
Albuquerque VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
7
Family Feuds in Trusts: Spotting
the Warning Signs and Planning
Techniques to Avoid Litigation
1.0 G
National Teleseminar
Center for Legal Education of
NMSBF
505-797-6020
www.nmbarcle.org
1
7
Everyday Ethics in Your Practice
3.0 EP
Las Cruces VR
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
10 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
8
Attorney Ethics in Disputes
With Clients
1.0 EP
National Teleseminar
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
11
2012 Ethics Professionalism:
The Disciplinary Process
2.0 EP
Albuquerque
Center for Legal Education of NMSBF
505-797-6020
www.nmbarcle.org
Hearsay
www.nmbar.org
Katherine Lynch and Lucas Frank have been named shareholders
at Moses Dunn Farmer & Tuthill PC. Lynch practices in the areas
of commercial and residential real estate, estate planning and
probate, contracts/business law, banking/finance, and general
civil litigation. She has attended UNM (bachelor’s degree, Finance
Management) and Valparaiso University (J.D.). Frank practices
in the areas of employment and labor law, Indian law, insurance
law and general civil litigaiton. He attended Northern Arizona
University (bachelor’s degree, magna cum laude) and Arizona State
University (J.D.).
John A. Bannerman
David Johnson
Deborah Mann
Rebecca L. Avitia of Bannerman & Johnson
PA has been included in Corporate Counsel
and American Lawyer’s 2012 Top Rated
Lawyers Guide to Labor & Employment and
was named a 2012 Southwest “Rising Star” by
Southwest Super Lawyers. Avitia attended Trinity University in San Antonio, Texas (2003)
and Columbia Law School (J.D.), where she
was a James Kent Scholar and president of its
Latino Law Students Association.
John A. Bannerman, David Johnson and Deborah Mann of Bannerman & Johnson PA have been included in Corporate Counsel’s
2012 Top Rated Lawyers Guide to Healthcare Law.
Richard Hatch
Richard Hatch has joined the Rodey Law
Firm as an associate in the Albuquerque office.
He practices in the Litigation Department
with an emphasis on medical malpractice
defense litigation. He also practices in the
areas of health law, wrongful death, product
liability and general insurance defense. Prior
to joining Rodey, Hatch practiced in the areas
of medical malpractice and general insurance
defense litigation. He attended the UNM
School of Law (J.D., 2007).
Stephen E. Lane
Stephen E. Lane has joined Keleher &
McLeod PA as an associate. Lane, a former
public defender, specializes in civil and commercial litigation. He attended UNM (B.A.,
Anthropology, 1997) and the UNM School
of Law (J.D., 2008). In 2008, he was a finalist
in the National Trial competition and won
the McLeod Advocacy Award and the Roehl
Award for Outstanding Advocacy. He also
earned the Lewis Powell Award for Excellence
in Advocacy in 2007 and in 2008.
Iris L. M. Ring has joined the law firm of Sheehan & Sheehan
PA as an associate. Her practice will focus on the areas of general
litigation and construction and employment.
Ann H. Washburn
Ann H. Washburn, an associate at the Law
Office of George “Dave” Giddens, P.C., has
been named the co-chair of the State Bar of
New Mexico’s Committee on Women and
the Legal Profession for 2012. Washburn
practices in the areas of bankruptcy and civil
and commercial litigation. She is a member
of the New Mexico Trial Lawyers Association,
the Albuquerque Bar Association, the Dallas
Trial Lawyers Association and the College of
the State Bar of Texas.
Rebecca L. Avitia
Marc M. Lowry has become a partner in
the Rothstein Law Firm. Lowry has dedicated his law practice to
the defense of criminal cases in state and federal courts, handling
complex litigation including international terrorism and white-collar
crimes. He also practices in the areas of post-conviction relief, state
and federal criminal appeals, and civil rights. Lowry is an Order of
the Coif graduate of the UNM School of Law, where he received
honors in criminal law, the clinical practice of law, and thesis writing.
After judicial clerkships with the Honorable Richard C. Bosson and
the Honorable James A. Parker, Lowry joined the firm in 2003.
The New Mexico Judicial Performance Evaluation Commission (JPEC) has appointed
Larry Langley of Albuquerque and Anna
M. Aragon of Las Vegas as new members.
Langley is the chief executive officer for the
New Mexico Business Roundtable and previously led the Middle Rio Grande Business
and Education Collaborative. He attended
Dallas Baptist University (B.S.), Southwestern
Baptist Theological Seminary (M.Ed.) and
Yale University (M.B.A.) He currently serves
Larry Langley
as chair of the Hispanic Education Advisory
Council, chair of the Governor’s Early Learning Advisory Council,
and is a member of the Public Education Funding Formula Task
Force. He also serves on the boards of numerous other organizations, including the New Mexico Association
of Commerce & Industry, Economic Forum
and the Albuquerque Business Issues Council.
Aragon has had her own law practice since
1984, specializing in criminal defense and
domestic relations. She began her career in
child support enforcement and later worked
for two years in the District Attorney’s Office.
She has served as a lecturer in law with UNM’s
Misdemeanor Defense Program. Aragon
attended the UNM School of Law (J.D.).
Anna M. Aragon
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 11
Hearsay
www.nmbar.org
Martha Chicoski
Vanessa Chavez
Jeannie Hunt
Keya Koul
Megan Duffy
Tobanna Barker
Heather Jaramillo
Erika Anderson
The Women’s Bar Association is pleased to announce the following
officers for 2012:
Martha Chicoski, President
Vanessa Chavez, Vice President
Jeannie Hunt, Secretary
Keya Koul, Treasurer
Megan Duffy, Director at Large
Tobanna Barker, Director at Large
Heather Jaramillo, Compliance Officer
Erika Anderson, Past President
Christina West and Sandra Rotruck of
Sutin, Thayer & Browne recently received
an AV Preeminent peer-review rating from
Martindale-Hubbell. West’s practices commercial litigation for businesses, tribal entities
and governments. Rotruck is a certified
family law specialist.
Twenty-four Rodey lawyers have been selected as Southwest Super Lawyers-2012 for
their expertise and experience in particular
Christina West
areas of law. Mark K. Adams–Energy and
Natural Resources; Henry M. BohnhoffBusiness Litigation; John P. Burton–Real
Estate; Nelson Franse–Professional Liability
Defense; Catherine T. Goldberg–Real Estate;
Scott D. Gordon–Employment and Labor;
Bruce D. Hall–Alternative Dispute Resolution; W. Robert Lasater, Jr.-Personal Injury
Defense: Medical Malpractice; Theresa W.
Parrish–Employment and Labor; Charles
(Kip) Purcell-Appellate; Edward R. Ricco–
Sandra Rotruck
Appellate; John P. Salazar–Real Estate; Andrew G. Schultz–Business Litigation; Robert
M. St. John–Business Litigation; Thomas L. Stahl–Employment
and Labor; Aaron Viets-Employment and Labor; and Charles
J. Vigil–Employment and Labor. Southwest Super Lawyers has
designated these Rodey lawyers as “Rising Stars:” Cristina A. AdamsEmployment Litigation-Defense; Richard E. Hatch-Civil Litigation
12 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
Defense; Justin A. Horwitz-Bonds/Government Finance; Robert
L. Lucero-Real Estate; Lisa C. Ortega-Personal Injury Defense;
Todd E. Rinner-Personal Injury Defense; and Brenda M. SaizPersonal Injury. Eighteen lawyers with the Rodey Law Firm have
been selected for inclusion in Chambers USA 2012. The following
attorneys were designated “Leaders in Their Field” based on their
experience and expertise in particular areas of law:
Mark K. Adams–Environment, Natural Resources and Regulated
Industries; Environment, Natural Resources and Regulated Industries: Water Law; Rick Beitler–Litigation: Medical Malpractice
and Insurance Defense; Henry M. Bohnhoff–Litigation: General
Commercial; Nelson Franse–Litigation: General Commercial Litigation: Medical Malpractice and Insurance Defense ; Catherine T.
Goldberg–Real Estate; Scott D. Gordon–Labor and Employment;
Alan Hall–Corporate/Commercial ; Bruce Hall–Litigation: General Commercial; Justin A. Horwitz–Corporate/Commercial ; W.
Robert Lasater Jr.–Litigation: Medical Malpractice and Insurance
Defense; Donald B. Monnheimer–Corporate/Commercial
Julie P. Neerken–Labor and Employment: Employee Benefits and
Compensation; Sunny J. Nixon–Environment, Natural Resources
and Regulated Industries: Water Law; Theresa W. Parris–Labor and
Employment; John P. Salazar–Real Estate; Andrew G. Schultz–
Litigation: General Commercial; Tracy Sprouls–Corporate/Commercial: Tax; Thomas L. Stahl–Labor and Employment.
In Memoriam continued from page13
Judicial Service Award from the State Bar of New Mexico in 1992.
He had great affection for his fellow judges, clerks, deputies, and
secretaries. Before becoming a judge he was an attorney with the
firms of McNeany, Rose, & Sholer and Ashby, Rose, & Sholer. A
celebration of the life of Judge Stewart Rose will be held from 5–9
p.m., June 1, at the Albuquerque Country Club, 601 Laguna Dr.
SW, Albuquerque.
Robert Sena, 67, passed away Feb. 26 following a long and courageous battle against an ongoing illness. The son of Robert Sena of
Santa Fe and Lucy Sena of Pojoaque, he is survived by his daughter
Maria; son-in-law Lee Abeyta; and grandchildren Lee Anthony,
Elisa and Arianna, who were the light of his life. After graduation
from St. Michaels High School in 1961, he entered the Immaculate
Heart of Mary Seminary and left after two years to enlist in the U.S.
Air Force. He served his country for four years. He then attended
the College of Santa Fe (B.S., Political Science, and M.A.) and
the UNM School of Law (J.D.). He entered private practice for a
few years and would later be employed by three New Mexico state
agencies until his medical retirement. Sena will be remembered as
a generous and compassionate man who used his knowledge of the
law to help those in need. He had strong interests in literature, New
Mexico history, politics, music, the arts, and travel. His strong sense
of faith and dedication to family and friends endeared him to many.
Memorial contributions may be made to the Diabetes Foundation.
In Memoriam
“Up the ladder and down the short rope, to hell with King Billy
and God bless the Pope.” Eileen Mallon immortalized this Irish
ditty when she died March 16 at the age of 81. She was born in
Philadelphia to W. Raymond and Mary McKeon. She attended the
University of Pennsylvania (chemistry), Rutgers University (master’s
degree, Library Science), New York University (master’s degree,
Education), and the UNM School of Law (J.D.). She worked as
a librarian and teacher in Albuquerque for 20 years. She was also
the public librarian at Carnegie Public Library in Las Vegas, N.M.
for several years. She built her dream house overlooking the Rio
Grande and, at age 50, began a new career when she graduated from
the UNM School of Law. She practiced family law in Albuquerque
for 20 years. She is survived by her five children, Maureen Torrez
(Michael), Meg McKeon, Sheila McKeon (Randy White), Daniel
Eshner (Leigha), and Monica Eshner; 14 grandchildren; and her
parents Ray and Mary McKeon. She was a beloved mother and
grandmother and carried on the family’s rich Irish tradition. Visit
the online guest book at www.RememberTheirStory.com.
David Michael Meilleur, son of Steven and Joan Meilleur, husband
of Monica Lynn Hoy Meilleur, and brother of Peter Charles Meilleur, has died. Meilleur was a brilliant shooting star, with the heart
and soul of a poet. He loved music of all kinds and was a talented
interpreter on the violin and guitar. He created his own position
as an associate attorney at the Law Offices of Nancy L. Simmons
through his exceptional and invaluable work on behalf of civil rights
and criminal defense clients, beginning as a clerk and continuing as
one of two attorneys in the office. He was admitted to practice before
the U.S. District Court for the District of New Mexico in 2007 and
to the U.S. Court of Appeals for the Tenth Circuit in 2009. He was
the first in his law school class to argue before the Tenth Circuit.
His compassion for the underdog and his good-natured approach
towards the practice of law and towards his many opponents set
him apart. Meilleur attended Bucknell University (B.A., English
Literature and Economics, cum laude, 2004) and the UNM School
of Law (J.D., 2007). He received Bucknell’s University Prize for
Men "for the man showing the greatest proficiency in English composition and literature" and was inducted as a member of the Phi
Beta Kappa Society. He and Monica were violinists in the Bucknell
University Symphony Orchestra and both remain devoted Bisons.
Richard S. Morris died March 9 from complications of cancer. He
was born in Oklahoma City and grew up in Tyler, Texas. In 1951
he entered the U.S. Air Force, progressing through aviation cadet
training. He served as a navigator-bombardier on B-26s in France,
Germany, and North Africa. Morris attended Rice University and
the UNM School of Law (J.D., 1960). He enjoyed a long career in
the oil and gas industry, retiring as president and CEO of El Paso
Natural Gas company in 1989. He was formerly as partner in the
Santa Fe law firm of Montgomery, Federici, Andrews, Hannahs &
Morris, where he practiced natural resources and corporate law. He
was also an assistant attorney general working with the Oil Conservation Commission. Morris was chair of the Interstate Natural Gas
Association of America and was also on the board of the American
Gas Association. He served as chair of the board of trustees of the
UNM Foundation, receiving the University’s Regents Recognition
Medal. He established the Richard and Patricia Morris Presidential
Scholarship at UNM. His involvement in the community included
board of visitors and governors of St. John’s College, board of trustees
of the Santa Fe Opera Foundation, and the board of managers of the
School of Advanced Research. Morris enjoyed the opera, chamber
www.nmbar.org
music, seminars and classes at St. John’s College, fly fishing in the
Pecos wilderness, golfing, and travel. He had a life-long love of
learning and a deep appreciation of the arts. Survivors include his
wife Patricia, four children from his previous marriage to Mary F.
Morris, and numerous family members and friends.
Phyllis A. Palmieri, 62, of Morganton, passed away Oct. 8, 2011.
Born in Bethlehem, Pa., on Oct. 19, 1948, she was the daughter
of Margaret Rizzo Cunningham and husband, Clayton, of Easton,
Pa. Palmieri attended St. Charles Borromeo Catholic Church and
Unitarian Universalists of Caldwell County. She received her law
degree from West Virginia University. She moved to Morganton
and worked for Legal Aide and then established her own private
practice. In addition to her parents, she is survived by three sons,
Neil Roth, Morgan Kelly, and Seth King; brother Michael Palmer;
and grandchildren, Peter, Nicholas, and Angela Roth of Boston and
Zachary Reynolds of High Point.
Michael Alan Peters, born March 28, 1956, in Roswell and
beloved son, husband, father, friend, attorney, and CPA died Feb.
24 after suffering an unexpected illness. Peters, a respected attorney
in Albuquerque, graduated from Baylor University with honors in
accounting and law. He practiced as a licensed CPA with national
firms for several years in Dallas and New York City before practicing
law in Albuquerque beginning in 1992. Peters was also an athlete,
artist, vocalist and actor, having graduated from the American
Academy of Dramatic Arts. He loved the outdoors, traveling, and
being with people and hearing their stories. Peters is survived by
his wife Kathy Timofeyew Zimmer Peters; young son Alexander
Michael; his parents A.L. and Billie Peters; and brother Don Peters
(Carol) of Odessa, Texas.
Stewart Rose,III retired United States
bankruptcy judge for the District of New
Mexico, passed away March 25 at his home
in Albuquerque. He had a long and rewarding
career as an attorney and a judge, and an even
longer and more rewarding life as a wonderful
husband, father, grandfather, stepfather, and
fast friend. He is survived by his beloved wife
Rose Spader; brother Paul Z. Rose (Ann);
daughters Connie Rose Hunter (Tom),
Carolyn Rose (David Midget), Sheila Rose
Gillespie (Dennis); grandchildren Ian Stewart Hunter, Timothy
Young Hunter, Jamie Lee Hunter, Hannah Rose Midget, Lauren
Rose Gillespie, and Carlton Davis Gillespie; and Rose Spader’s five
children, Denise, Debbie, Michael, Mark, and Matthew, and her
five grandchildren. He was preceded in death by his wife of 40+
years, JoAnn Dinsmoor Rose. Rose moved to New Mexico in 1949
and began his love affair with the West. From backpacking through
the San Pedro Parks Wilderness (well, with a horse) to sailing his
homemade Hobi on Cochiti Lake, to shooting his potato cannon
at one too many mountain man rendezvous, to skiing at Sandia
Peak, to enjoying a stirrup cup before the hunt with the Juan Tomas Hounds, he made the most of this land and this life. In 1982
Rose was appointed to the bench and with his customary focus,
intelligence, cigarettes, and positive outlook, served for 16 years in
positions including chief bankruptcy judge, judge on the Appellate
Panel of the 10th Circuit, and visiting judge for districts of Kansas,
Colorado, Utah and South Florida. He received an Outstanding
continued on page 12
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 13
Writs of Certiorari
As Updated by the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective March 30, 2012
Petitions for Writ of Certiorari Filed and Pending:
NO. 33,534
NO. 33,535
NO. 33,525
NO. 33,454
NO. 33,465
NO. 33,522
NO. 33,521
NO. 33,519
NO. 33,518
NO. 33,517
NO. 33,516
NO. 33,515
NO. 33,513
NO. 33,510
NO. 33,509
NO. 33,511
NO. 33,508
NO. 33,507
NO. 33,506
NO. 33,501
NO. 33,502
NO. 33,499
NO. 33,490
NO. 33,487
NO. 33,344
NO. 33,477
NO. 33,494
NO. 33,460
NO. 33,396
Date Petition Filed
State v. Renolds
COA 30,398 03/29/12
State v. Gonzales
COA 31,720 03/27/12
State v. Rivera
COA 31,414 03/26/12
Holly v. State
12-501 03/23/12
State v. Burton
COA 30,685 03/22/12
Torres v. Montano
COA 30,207 03/21/12
State v. Lopez
COA 31,573 03/20/12
Hicks v. Eller
COA 30,026 03/19/12
State v. Fierro
COA 29,538 03/19/12
State v. Strand
COA 31,330 03/19/12
State v. Thomas
COA 29,982 03/19/12
State v. Maxwell
COA 31,222 03/19/12
State v. Clayton
COA 30,567 03/16/12
State v. Vite
COA 29,984 03/15/12
State v. Toohey
COA 31,635 03/15/12
State v. Ortiz
COA 31,828 03/14/12
State v. Taylor
COA 31,400 03/14/12
State v. Phillips
COA 31,566 03/14/12
State v. Duran
COA 31,346 03/12/12
Martinez v. NM Tax
and Rev
COA 31,829 03/12/12
Banos v. State
COA 29,795 03/09/12
Response filed 3/26/12
Parmentier v. Lopez
12-501 03/09/12
Response ordered; due 4/12/12
Zuni Pub. Sch. v. NM Public
Education Dept.
COA 30,861 03/06/12
State v. Martinez
COA 30,580 03/05/12
Pacheco v. Bari
COA 30,916 03/05/12
Lopez v. Ahlgrim
12-501 02/29/12
Response filed 3/28/12
Trujillo v. Bravo
12-501 02/21/12
State v. Oscar H.
COA 29,557 02/17/12
Response filed 3/26/12
State v. Bent
COA 29,227 02/13/12
Response ordered; due 3/27/12
Certiorari Granted but not yet Submitted to the Court:
(Parties preparing briefs)
NO. 32,742 State v. Martinez
NO. 32,804 State v. Servantez
NO. 32,895 State v. Gonzales
NO. 33,001 State v. Rudy B.
NO. 33,014 State v. Crane
NO. 33,046 State v. Munoz
NO. 33,075 State v. Marchiondo
Date Writ Issued
COA 30,637 01/31/11
COA 30,414 02/07/11
COA 30,541 04/04/11
COA 27,589 06/08/11
COA 29,470 06/08/11
COA 30,837 07/21/11
COA 30,029 07/21/11
14 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
NO. 33,077
NO. 33,133
NO. 33,143
NO. 33,154
NO. 33,139
NO. 33,134
NO. 33,184
NO. 33,203
NO. 33,166
NO. 33,147
NO. 33,216
NO. 33,217
NO. 33,224
NO. 33,226
NO. 33,257
NO. 33,265
NO. 33,287
NO. 33,342
NO. 33,332
NO. 33,331
NO. 33,324
NO. 33,322
NO. 33,304
NO. 33,182
NO. 33,362
NO. 33,353
NO. 33,296
NO. 33,372
NO. 33,364
NO. 33,380
NO. 33,382
NO. 33,375
NO. 33,376
NO. 33,441
NO. 33,446
NO. 33,389
NO. 33,466
NO. 33,483
NO. 33,275
State v. Gonzales
COA 28,700
Spencer v. Barber
COA 29,390
State v. Owelicio
COA 30,461
State v. Carillo
COA 29,258
State v. Polson
COA 31,138
Martinez v. Bustos
12-501
State v. Guthrie
COA 29,863
State v. Davis
COA 28,219
Christus St. Vincent Reg.
Med. Ctr. v. Duarte-Afara COA 30,343
Prather v. Lyons
COA 29,812
Flores v. Henderson
COA 31,295
State v. Ramos
COA 29,514
Bank of New York v.
Romero
COA 29,945
State v. Olsson
COA 29,713
State v. Boyse
COA 30,656/30,657
State v. Garcia
COA 29,338
State v. Urioste
COA 30,110
State v. Urquizo
COA 30,337
Partida v. Motor Vehicle
Division
COA 31,460
Strausberg v. Laurel
Healthcare
COA 29,238
State v. Evans
COA 31,331
Resource Lighting v.
Rohde
COA 30,013
State v. Hardy
COA 29,583
Moongate Water Co. v.
City of Las Cruces
COA 27,889
Convisser v. Ecoversity COA 30,100
Flemma v. Halliburton
Energy
COA 29,933
State v. Gutierrez
COA 29,997
Schultz v. Pojoaque TribalCOA 28,508
Nettles v. Ticonderoga COA 31,342
City of Rio Rancho v.
Palenick
COA 30,136
NM Human Serv. v.
Starko, Inc.
COA 29,016/27,922
State v. Cobrera
COA 29,591
State v. Gonzales
COA 29,843
State v. Torres
COA 28,234
State v. Garcia
COA 31,478
State v. Garcia
COA 31,481
State v. Puliti
COA 29,509
State v. Consaul
COA 29,559
State ex rel. Solsbury Hill v.
Liberty Mutual Ins.
COA 30,068
08/05/11
09/09/11
09/09/11
09/12/11
09/20/11
09/22/11
10/03/11
10/04/11
10/12/11
10/25/11
10/25/11
10/25/11
10/25/11
10/27/11
11/04/11
11/17/11
12/07/11
01/06/12
01/06/12
01/06/12
01/06/12
01/06/12
01/06/12
01/09/12
01/17/12
01/17/12
01/25/12
01/30/12
02/06/12
02/06/12
02/13/12
02/14/12
02/16/12
03/02/12
03/13/12
03/13/12
03/20/12
03/23/12
03/23/12
Writs of Certiorari
Certiorari Granted and Submitted to the Court:
(Submission Date = date of oral argument
or briefs-only submission)
Submission Date
NO. 32,524 Republican Party v. Taxation
and Revenue Dept.
COA 28,292 03/14/11
NO. 32,534 Bustos v. Hyundai Motor
Company
COA 28,240 04/11/11
NO. 32,695 Diamond v.
Diamond
COA 30,009/30,135 05/10/11
NO. 32,690 Joey P. v. Alderman-Cave
Milling & Grain Co.
COA 29,120 05/11/11
NO. 32,756 Lenscrafters, Inc. v.
Kehoe
COA 28,145 07/18/11
NO. 32,291 State v. Torres
COA 29,603 08/16/11
NO. 32,589 State v. Ordunez
COA 28,297 08/31/11
NO. 32,776 Sais v. New Mexico Dept.
of Corrections
COA 30,785 09/12/11
NO. 32,707 Smith L.L.C. v. Synergy
Operating, L.L.C. COA 28,248/28,263 09/12/11
NO. 32,789 Chatterjee v. King
COA 29,823 09/12/11
NO. 32,696 Herbison v. Chase Bank COA 30,630 09/13/11
NO. 32,483 State v. Jackson
COA 28,657 09/28/11
NO. 32,697 State v. Amaya
COA 28,347 09/28/11
NO. 32,868 Nunez v. Armstrong
General Contractors
COA 29,522 10/11/11
NO. 32,844 Gonzalez v. Performance
Paint, Inc.
COA 29,629 10/11/11
NO. 32,510 State v. Swick
COA 28,316 10/12/11
NO. 32,713 Bounds v. D’Antonio
COA 28,860 10/13/11
NO. 32,717 NM Farm and Livestock
Bureau v. D’Antonio
COA 28,860 10/13/11
NO. 32,942 Schuster v. Taxation
and Revenue Dept.
COA 30,023 11/14/11
NO. 32,704 Tri-State v. State EngineerCOA 27,802 11/14/11
NO. 32,915 State v. Collier
COA 29,805 11/15/11
NO. 32,944 Freedom C. v. Brian D. COA 30,041 11/15/11
NO. 32,430 State v. Muqqddin
COA 28,474 11/16/11
NO. 32,632 State v.
Dominguez-Meraz
COA 30,382 11/16/11
NO. 32,941 Titus v.
City of Albuquerque
COA 29,461 11/16/11
NO. 32,800 State v. Spearman
COA 30,493 11/30/11
http://nmsupremecourt.nmcourts.gov.
NO. 33,011
NO. 33,013
NO. 32,968
NO. 32,985
NO. 32,987
NO. 32,937
NO. 32,876
NO. 32,860
NO. 32,939
NO. 33,070
NO. 33,023
NO. 33,135
NO. 32,943
NO. 32,605
NO. 32,940
NO. 33,083
NO. 32,976
NO. 33,008
NO. 33,136
NO. 33,057
NO. 33,383
NO. 33,384
Felts v. CLK
Management, Inc. COA 29,702/30,142
Felts v. CLK
Management, Inc. COA 29,702/30,142
Sunnyland Farms, Inc. v.
Central NM Electric
COA 28,807
Helena Chemical Co. v.
Uribe
COA 29,567
Helena Chemical Co. v.
Uribe
COA 29,567
SF Pacific Trust v.
City of Albuquerque
COA 30,930
Gonzales v. State
12-501
State v. Stevens
COA 29,357
United Nuclear Corp. v.
Allstate Insurance Co. COA 29,092
Montoya v.
City of Albuquerque
COA 29,838
State v. Gurule
COA 29,734
Horne v. Los Alamos
National Security
COA 29,822
State v. Hall
COA 29,138
State v. Franco
COA 30,028
State v. Vest
COA 28,888
Martinez v. Department
of Transportation
COA 28,661
State v. Olson
COA 29,010
State v. Lasky
COA 28,782
State v. Bent
COA 29,227
State v. Turrietta
COA 29,561
Starko Inc. v.
Presbyterian
COA 29,016/27,992
Starko Inc. v.
Presbyterian
COA 27,992/29,016
12/12/11
12/12/11
12/12/11
12/13/11
12/13/11
12/14/11
01/09/12
01/10/12
01/30/12
01/30/12
01/30/12
03/13/12
03/26/12
03/28/12
03/28/12
04/09/12
04/09/12
04/11/12
04/30/12
04/30/12
03/30/12
03/30/12
Petition for Writ of Certiorari Denied:
NO. 33,349
NO. 33,496
NO. 33,495
NO. 33,491
NO. 33,488
NO. 33,492
NO. 33,470
State v. Griffin
State v. Macias-Martinez
State v. Arguello
State v. Avellone
State v. Anaya
Dominguez v. Garcia
State v. Ordunez
Date Order Filed
COA 31,408 03/28/12
COA 30,077 03/28/12
COA 31,569 03/28/12
COA 31,279 03/28/12
COA 31,640 03/28/12
12-501 03/27/12
12-501 03/27/12
Bar Bulletin - April 11 2012 - Volume 51, No. 15 15
Opinions
As Updated by the Clerk of the New Mexico Court of Appeals
Wendy F. Jones, Chief Clerk New Mexico Court of Appeals
PO Box 2008 • Santa Fe, NM 87504-2008 • (505) 827-4925
Effective March 30, 2012
Published Opinions
Date Opinion Filed
No. 30172
2nd Jud Dist Bernalillo CV-08-12444, CV-09-13302, P ZHAO v K MONTOYA (remand)
No. 26757
2nd Jud Dist Bernalillo CV-04-5036, J CARANGELO v STATE ENGINEER
(affirm in part, reverse in part and remand)
3/28/2012
3/29/2012
No. 30470
2nd Jud Dist Bernalillo YR-07-15, STATE v V MONTOYA (affirm)
3/29/2012
No. 30597
3rd Jud Dist Dona Ana CR-09-841, STATE v P NATONI (affirm)
3/30/2012
Unpublished Opinions
No. 31261
2nd Jud Dist Bernalillo CV-09-9672, US BANK NATIONAL v D GALLEGOS (affirm) 3/26/2012
No. 31662
3rd Jud Dist Dona Ana CR-08-731, STATE v P FRAYER (affirm)
3/26/2012
No. 31783
12th Jud Dist Otero CR-05-250, STATE v C BATTLE (affirm)
No. 29440
13th Jud Dist Valencia CR-07-57, STATE v J WINDSOR (affirm)
No. 31057
5th Jud Dist Chaves JQ-09-39, CYFD v RAQUEL M (affirm)
No. 31166
9th Jud Dist Curry CR-07-331, STATE v T MAYFIELD (affirm)
No. 31242
2nd Jud Dist Bernalillo CR-09-3772, STATE v J MARTINEZ (affirm) 3/28/2012
No. 31744
6th Jud Dist Grant CR-08-63, STATE v D MUNOZ (affirm) 3/28/2012
No. 31769
2nd Jud Dist Bernalillo DV-09-811, R GABALDON v M MONTANO (affirm) 3/28/2012
3/26/2012
3/27/2012
3/27/2012
3/27/2012
No. 31794 2nd Jud Dist Bernalillo LR-08-87, STATE v L GUTIERREZ (affirm) 3/28/2012
No. 31719
11th Jud Dist San Juan CR-11-367, STATE v R TAFOYA (affirm)
3/29/2012
No. 31810
2nd Jud Dist Bernalillo CV-11-5564, R COX v A LOHMANN (affirm)
3/29/2012
No. 31227
1st Jud Dist Rio Arriba JQ-09-21, CYFD v BIANCA S (affirm)
3/30/2012
Slip Opinions for Published Opinions may be read on the Court’s website:
http://coa.nmcourts.gov/documents/index.htm
16 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
Clerk’s Certificates
From the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Clerk’s Certificate
Dated March 20, 2012
Clerk’s Certificate
of Address and/or
Telephone Changes
Joseph Oliver Allred
107 Bryn Mawr Drive SE
Albuquerque, NM 87106
505-730-0361
505-435-9002 (fax)
joeallredlaw@gmail.com
Arthur Bailey, III
Arthur Bailey PC
1440-B S. St. Francis Drive
Santa Fe, NM 87505
505-954-4808
505-983-2502 (fax)
abailey@cybermesa.com
Jason M. Burnette
German & Associates LLC
12836 Lomas Blvd. NE,
Suite G
Albuquerque, NM 87112
505-407-2293
505-275-1283
jason@germanassociates.
com
Gerald M. Byers
Office of the
District Attorney
108 E. Poplar Street
Deming, NM 88030
575-546-6526
575-546-0336 (fax)
GByers@da.state.nm.us
David Kale Clements
Office of the
District Attorney
845 N. Motel Blvd.,
Second Floor, Suite D
Las Cruces, NM 88007
575-524-6370
575-647-8512 (fax)
dclements@da.state.nm.us
Yvonne Janette Co
30679 Palos Verdes Drive E
Rancho Palos Verdes, CA
90275
310-622-3347
coyvonne@aol.com
Stephen P. Curtis
Stephen P. Curtis,
Attorney at Law PC
6747 Academy Road NE,
Suite D
Albuquerque, NM 87109
505-884-9999
505-884-1404 (fax)
abqcurtis@gmail.com
Crystal Anson Hyer
Thirteenth Judicial
District Court
PO Box 600
1500 Idalia Road, Bldg. A
Bernalillo, NM 87004-0600
505-771-7170
505-867-5161 (fax)
berdcah@nmcourts.gov
Lisa Anne Elizondo
The Law Office
of Lisa A. Elizondo
2504 Montana Avenue
El Paso, TX 79903
915-351-2775
915-351-2776 (fax)
lelizondo@elizondolawep.
com
Bradford C. Jones
Office of the
Attorney General
1525 Sherman Street,
4th Floor
Denver, CO 80203
303-866-3307
303-866-5443 (fax)
bradford.jones@state.co.us
Casey Bruce Fitch
The Furth Law Firm PA
780 South Walnut, Suite 5
Las Cruces, NM 88001
575-522-3996
575-532-5815 (fax)
casey.fitch.furthfirm@gmail.
com
Zackeree S. Kelin
Kelin Law Firm PC
111 Tulane Drive SE
Albuquerque, NM 87106
505-242-7200
505-213-3399 (fax)
z.kelin@kelinlaw.com
Derek V. Garcia
Law Office
of Derek V. Garcia, Esq.
PO Box 53603
Albuquerque, NM 87153-3603
505-323-9640
505-323-9640 (fax)
derek@derekgarcialaw.com
Philomena M. Hausler
Kelin Law Firm PC
111 Tulane Drive SE
Albuquerque, NM 87106
505-242-7200
505-213-3399 (fax)
p.hausler@kelinlaw.com
Kelly Huddleston
Huddleston Law LLC
1418 Miracerros Loop South
Santa Fe, NM 87505
505-490-6415
kelly@khuddlestonlaw.com
Michael Alan Lane
LA Mesa Law Firm PC
PO Box 1020
1319 Trinity Drive
Los Alamos, NM 87544-1020
505-662-7205
505-662-7208 (fax)
mike@lajuris.com
Christopher C. Marlowe
Law Offices of Christopher
C. Marlowe PC
2040 Fourth Street NW
Albuquerque, NM 87102
505-350-6533
505-243-6735 (fax)
cmarlowelaw@gmail.com
Mollie C. McGraw
McGraw & Strickland LLC
1014 S. Main Street, Suite C
Las Cruces, NM 88005
575-323-1529
575-680-1200 (fax)
mollie@nmlawyers.org
Kurt C. Olsen
J357 LLC
5890 Stoneridge Drive,
Suite 102
Pleasonton, CA 94588
Maria E. Owen
11765 West Avenue, #137
San Antonio, TX 78216
505-217-9930
480-393-4684 (fax)
attorneys@canales-owen.
com
Marshall J. Ray
N.M. Department
of Workforce Solutions
PO Box 1928
401 Broadway NE
Albuquerque, NM 87103-1928
505-841-8471
505-841-9024 (fax)
Marshall.Ray@state.nm.us
J. Philip Smith
Randolph L. Marsh PC
935 West Glade Road
Hurst, TX 76054
888-960-4543 Ext. 614
817-776-8184 (fax)
psmith@petrocounsel.com
Richard Wayne Staff
Harrison, Bettis, Staff,
McFarland & Weems LLP
1415 Louisiana Street,
Floor 37
Houston, TX 77002-7360
713-843-7850
713-843-7901 (fax)
richard.staff@harrisonbettis.
com
Harold Duane Stratton, Jr.
Brownstein Hyatt Farber
Schreck LLP
201 Third Street NW,
Suite 1700
Albuquerque, NM 87102-4386
505-724-9596
505-244-9266 (fax)
hstratton@bhfs.com
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 17
Clerk’s Certificates
Scott Sweeney
Wilson Elser Moskowitz
Edelman & Dicker LLP
1512 Larimer Street,
Suite 550
Denver, CO 80202
303-572-5324
303-572-5301 (fax)
Scott.Sweeney@wilsonelser.
com
Stephen A. Vigil
NM Supreme Court
PO Box 848
237 Don Gaspar Avenue
(87501)
Santa Fe, NM 87504-0848
505-827-3899
505-827-4837 (fax)
supsav@nmcourts.gov
J. Bart Wright
NM Department of Health
PO Box 26110
1190 S. St. Francis Drive,
Suite N-4095 (87505)
Santa Fe, NM 87502-6110
505-827-2997
505-827-2930 (fax)
Joey.Wright@state.nm.us
Clerk’s Certificate
of Name Change
As of March 13, 2012:
Francine M. Jaramillo
formerly known as
Francine M. Hatch
400 Tribal Road 11
Bosque Farms, NM 87068
505-916-6102 (new)
fmjaramillo@q.com (new)
As of March 19, 2012:
Joe Lennihan
formerly known as
C. Joseph Lennihan
PO Box 23136
1012 Marquez Place, Unit
309A (87505-1697)
Santa Fe, NM 87502-3136
505-216-9300
jlennihan4@gmail.com
William Zarr
Office of the
District Attorney
520 Lomas Blvd. NW
Albuquerque, NM 87102
505-841-7088
505-841-7269 (fax)
wzarr@da2nd.state.nm.us
18 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
http://nmsupremecourt.nmcourts.gov.
Clerk’s Certificate
of Reinstatement
to Active Status
Aas of March 23, 2012:
Stefen Wasserman Sloane
113 Circle
Santa Fe, NM 87501
Clerk’s Certificate
of Change
to Inactive Status
Effective March 9, 2012:
Leesa Barnes Logan
1230 Bellaire Drive
Grapevine, TX 76051
Effective March 7, 2012:
Andrea Guendelman
1564 North Street
Boulder, CO 80304
Clerk’s Certificate
of Withdrawal
Eeffective March 21, 2012:
Peggy Ann Big Eagle
2407 NW 31st Street
Oklahoma City, OK 73112
Effective March 21, 2012:
Carol A. Koller
PO Box 28572
Seattle, WA 98118-8572
Effective March 19, 2012:
Ronald B. O’Dowd
6228 Abiquiu Pl. NE
Albuquerque, NM 87111
In Memoriam
As of October 8, 2011:
Phyllis A. Palmieri
PO Box 2812
Morganton, NC 28680-2812
As of April 27, 2010:
Paul Jonathan Ruskin
PO Box 25647
Christiansted, VI 00824
As of February 26, 2012:
Joseph D.R. Sena
2 Grazing Elk Road
Santa Fe, NM 87506-7237
Recent Rule-Making Activity
As Updated by the Clerk of the New Mexico Supreme Court
Joey D. Moya, Chief Clerk New Mexico Supreme Court
PO Box 848 • Santa Fe, NM 87504-0848 • (505) 827-4860
Effective April 11, 2012
Pending Proposed Rule Changes
Open for Comment:
4A-100
4A-301
4A-302
4A-303
4A-304
Rules of Appellate Procedure
12-603
Comment Deadline
Domestic relations forms; instructions
and cautions regarding use of forms
Verified Petition for Dissolution
of Marriage (Without Children)
Verified Petition for Dissolution
of Marriage (With Children)
Response and Counterclaim
Entry of Appearance Pro Se
04/25/12
04/25/12
04/25/12
04/25/12
04/25/12
Recently Approved Rule Changes
Since Release of 2012 NMRA:
03/01/12
02/17/12
02/06/12
02/06/12
Rules of Criminal Procedure for the District Courts
Disclosure by the defendant
02/06/12
Rules of Criminal Procedure
for the Magistrate Courts
6-503
Disposition without hearing
Disposition without hearing
01/31/12
Disposition without hearing
01/31/12
01/31/12
Criminal Forms
9-104B
Appearance, plea and waiver
05/26/12
05/19/12
05/19/12
05/12/12
01/01/12
Rules Governing Discipline
17-206 Types of discipline
17-209 Resignation by attorneys under investigation
17-210 Reciprocal discipline
17-212 Resigned, disbarred or suspended attorneys
17-213 Appointment of counsel
17-214Reinstatement
17-306 Required presence of attorney;
subpoena power
17-307 Investigation of complaints
17-313Hearings
03/05/12
04/05/12
04/05/12
04/05/12
04/05/12
04/05/12
04/05/12
04/05/12
04/05/12
17A-005 Composition and officers of the
commission01/01/12
Rules of Legal Specialization
Rules of Procedure for the Municipal Courts
8-503
13-2304 Retaliatory discharge
13-2006 All jurors to participate
13-2320 Special verdict form for wrongful
discharge cases
13-832 Good faith and fair dealing
Rules Governing the Client Protection Fund
Rules of Criminal Procedure
for the Metropolitan Courts
7-503
UJI–Civil
15-301.2 Legal services provider limited law license
Rules of Civil Procedure for the District Courts
5-502
03/05/12
03/01/12
04/20/12
Rules Governing Admission to the Bar
Effective Date
1-096
Challenge of nominating petition
1-030
Depositions pon oral argument
1-001
Scope of rules; definitions
1-004Process
Appeals in actions challenging candidates
or nominating petitions; primary or general
elections; school board recalls and recalls
of elected county officials
12-405Opinions
12-309 Motions effective 01/31/12
19-101
Board of Legal Specialization; title
01/01/12
Rules Governing the Recording
of Judicial Proceedings
22-101
22-203
22-501
Scope; definitions; title
Application; qualifications;
renewal of certification
Examination standards
01/27/12
01/27/12
01/27/12
Rules for Review of JSC
27-401 Disposition
03/05/12
To view all pending proposed rule changes (comment period open or closed),
visit the New Mexico Supreme Court’s website at http://nmsupremecourt.nmcourts.gov.
To view recently approved rule changes, visit the New Mexico Compilation Commission’s website
at http://www.nmcompcomm.us.
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 19
Access to Opinions
from the New Mexico Supreme Court
and
the New Mexico Court of Appeals
is provided online by the Compilation Commission.
Visit http://www.nmcompcomm.us
SHEEHAN & SHEEHAN, P.A.
Attorneys at Law
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Est. 1954
Wishes to Congratulate
BRIGGS CHENEY
TIMOTHY SHEEHAN
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Tel (505) 242-6267
Fax (505) 242-4339
www.mattvancelaw.com
mattvance@mattvancelaw.com
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 29
New Mexico Lawyers and Judges
assistaNce PrograM
You don’t have to manage alone
New Mexico Lawyers and Judges Assistance Program (NMJLAP)
provides free, confidential assistance to law students and
members of the New Mexico bench and bar to help identify
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facilitating early intervention and treatment.
Help and Support are only a phone call away. Confidential assistance – 24 hours every day.
Judges call 888-502-1289
Lawyers and law students call 505-228-1948 or 800-860-4914
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WILLIAM F. DAVIS & ASSOC., P.C.
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30 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
New Mexico Trial lawyers 31sT aNNual
updaTe oN New Mexico
TorT law
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Randi McGinn, Esq.
Billed vs. Paid: Where Are We?
David M. Houliston, Esq.
2:15 p.m.
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The Lawyers Assistance Program
Jill Anne Yeagley
Top 10 Things Every PI Lawyer
Needs to Know About Workers Comp
Gerald A. Hanrahan, Esq.
9:40 a.m.
Survey of the Law of Professional Malpractice
Daymon B. Ely, Esq.
3:00 p.m.
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Jane B. Yohalem, Esq.
10:45 a.m.
So You Think You Know The Rules Of
Evidence: Think Again.
The Restyled Rules Are Here.
George Bach, Esq.
11:40 a.m.
Legislative Update
Peter Mallery, Esq. and David J. Jaramillo, Esq.
11:50 a.m.
Lunch (on your own)
1:00 p.m.
Insurance Update
Maureen Sanders, Esq.
Pleasereturnto:NewMexicoTrialLawyers’Foundation
P.O.Box27529,Albuquerque,NM87125-7529
4:00 p.m.
4:30 p.m.
Pending Appeals of the
NMTLA Amicus Committee
Michael B. Browde, Esq.
What’s Coming Down the Pike and
Other Pending Cases on Appeal
David J. Stout, Esq.
5:00 p.m.
Adjourn
David J. Jaramillo, Program Co-Chair
Bruce E. Thompson, Program Co-Chair
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Bar Bulletin - April 11, 2012 - Volume 51, No. 15 31
Features:
• 12 page supplement to the Bar Bulletin
• Full color publication
• Published 4 times a year
• Falls centerfold in Bar Bulletin
• Cover notification
To reserve your ad space
please contact: Marcia Ulibarri
505.797.6058 | mulibarri@nmbar.org
32 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
COMPLETE PRIVATE BANKING
SERVICES FOR YOUR CLIENTS.
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You’ve earned your clients’ trust. Your reputation depends on it.
That’s why we offer local, tenured professionals to meet your
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of trust. And we’ll protect yours.
Give us a call, or better yet, let us come see you.
Private Banking | Fiduciary Services | Investment Management
Wealth Advisory Services | Specialty Asset Management
505.837.4200 | www.bankofalbuquerque.com
©2012 Bank of Albuquerque, a division of BOKF, NA. Member FDIC. Equal Opportunity Lender.
Considering a settlement?
Registration is now open for
• Structured
Settlements
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Analysis
& Advice
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a 6-credit CLE presented by
The NM Foundation for Open Government
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Tuition: $199 for NMFOG members
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Taught by experts in the field!
All proceeds to benefit NMFOG.
Go to www.nmfog.org for information and registration.
Planning
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investment advisory services offered through Transamerica
Financial Advisors, Inc. (TFA). Member FINRA, SIPC and
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affiliated with TFA. Non-securities products and services are
not offered through TFA. Neither TFA nor its representatives
provide legal or tax advice. Persons who provide such advice do
so in a capacity other than as a representative of TFA.
LD42387-12/11
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 33
Walter M. Drew
Construc)on Defects Expert
40 years of experience
Construc)on-­‐quality disputes
between owners/contractors/
architects, slip and fall, building
inspec)ons, code compliance,
cost to repair, standard of care
(505) 982-­‐9797
CIVEROLO, GRALOW, HILL & CURTIS, P.A.
Is proud to announce that
JUSTIN ROBBS
&
waltermdrew@gmail.com
STEFEN WASSERMAN SLOANE
Have joined the Firm as Associates
(505) 988-2826 • jbyohalem@gmail.com
BASSHEAD WRITERS GROUP
Beyond Legalese...
Briefs - Settlement Brochures - Research
866.207.8990
bassheadwriters@gmail.com
34 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
20 First Plaza NW, Suite 500
Albuquerque, NM 87102
505-842-8255
www.civerolo.com
Juliana Garcia, D.O.
Professional Medical Evaluations, P.C.
1100 Lomas Blvd. NW, Suite 1
Albuquerque, NM 87102
Phone: 505-242-0800 • Fax: 505-242-0801
Independent Medical Evaluations (IME)
Medical File Reviews & Personal Injury
IME Panels & Impairment Ratings
Second Opinions & Fitness for Duty
Dr. Garcia and her staff look forward
to providing the quality reports
and service you expect.
David Stotts
Attorney at Law
Business Litigation
Real Estate Litigation
242-1933
No need for another associate
Bespoke lawyering for a new millennium
THE BEZPALKO LAW FIRM
Legal Research and Writing
Vallecitos
Mountain Ranch
(505) 341-9353
www.bezpalkolawfirm.com
A Wilderness leArning & retreAt Center
Mindfulness 101:
Taking Charge of Your Life
An Intensive Training in the Basics of Mindfulness Practice with
Grove Burnett, nationally known lawyer, meditation teacher & trainer.
May 17-20, 2012
CLE Credits: 5.0 Legal Ethics and Professionalism
Come get your CLEs in one of the most beautiful
mountain landscapes of northern New Mexico!
To register, visit vallecitos.org or call 575.751.9613.
SUBMiSSioN DeADliNeS
All advertising must be submitted via
e-mail by 4:00 p.m. Wednesday, two weeks
prior to publication ( Bulletin publishes
every Wednesday). Advertising will be
accepted for publication in the Bar Bulletin
in accordance with standards and ad rates
set by the publisher and subject to the
availability of space. No guarantees can be
given as to advertising publication dates or
placement although every effort will be made
to comply with publication request. The
publisher reserves the right to review and edit
ads, to request that an ad be revised prior to
publication or to reject any ad. Cancellations
must be received by 10 a.m. on Thursday,
13 days prior to publication.
For more advertising
information, contact:
Marcia C. Ulibarri at 505.797.6058
or e-mail ads@nmbar.org
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 35
MEDIATION AND ARBITRATION OF
CONSTRUCTION-RELATED DISPUTES
NEW MEXICO PUBLIC WORKS ACT MEDIATIONS
John W. Rebstock (505) 977-6133
jrebstocklaw@gmail.com
Attorney at Law (licensed in NM & TX).
Professional Engineer (licensed in TX).
American Arbitration Association-Panel of Construction Arbitrators.
35 years of construction industry experience.
Classified
Positions
Assistant District Attorney
The Fifth Judicial District Attorney’s office
has immediate positions open to a new or
experienced attorney. Salary will be based
upon the District Attorney Personnel and
Compensation Plan with starting salary range
of an Associate Trial Attorney to a Senior Trial
Attorney ($50,000.00 to $72,575.00). Please
send resume to Janetta B. Hicks, District
Attorney, 400 N. Virginia Ave., Suite G-2,
Roswell, NM 88201-6222 or e-mail to jhicks@
da.state.nm.us.
Attorney Master
The Children, Youth and Families Department
is seeking to fill an Attorney Master Vacancy
Position. Salary range is $43-$76K annually;
depending on experience and qualifications.
The attorney will represent the Department
in abuse/neglect, termination proceedings and
special projects. The ideal candidate will have
experience in the practice of law totaling of at
least six years, two of which must include direct
significant substantial experience in representation of the Department or parents of children in
abuse/neglect or dependency cases, TPR cases
and New Mexico licensure is required. The
position will be housed in Albuquerque New
Mexico. Positions Benefits include medical, dental, vision, paid vacation, and a retirement package. This position will close on April 20, 2012.
For information on submitting applications,
please contact Deborah Gray at (505) 841-7819
or e-mail deborah.gray@state.nm.us. To apply
for these positions go to www.state.nm.us/spo/.
The State of New Mexico is an EOE.
Attorney
Seeking attorney to handle residential foreclosure and related cases. No billable hours
requirement. Prior foreclosure, real estate title,
&/or litigation experience required. Fax cover
letter, resume, salary requirements & references
to Susan C. Little, 254-4722 or mail to PO Box
3509, Alb 87190
Paralegal/Legal Assistants
The Paralegal/Legal Assistant will be responsible for legal support and assistance to the
senior litigation attorneys in both in-house
litigation and the senior attorneys’ supervision of outside counsel in litigation. Under the
guidance and direction of the senior litigation
attorneys, the Paralegal/Legal Assistant must
be able to deal with highly complex litigation
issues, must have knowledge of statutory and
procedural law in New Mexico, must be familiar with state and federal courts and the
timely filing of legal documents. Education:
Associates Degree in Paralegal Studies and/or
Certificate in Paralegal Studies is required for
this position. (2 years of work experience in
addition to the experience requirement may be
substituted for degree/certificate) Experience: 5
years experience drafting and preparing legal
correspondence, conducting legal research
and maintaining a case management/tracking
system. i.e. Pro Law. Licensed/Certification/
Registration or Specialized Training: Preferred,
however, not required: A Member of State Bar
Paralegal Division may also be substituted
for 2 years experience. To be considered, you
must apply through the State Personnel Office
website: http//www.spo.state.nm.us. between
4/11/2012 thru 4/25/2012 by 11:59pm.
One Full Time and
One Part Time Attorney
The offices of Jay Goodman and Associates Law
Firm PC is seeking one full time and one part
time attorney to represent clients at our Santa
Fe Office. Candidates must be licensed and in
good standing with over 7 years’ experience in
Family Law, Probate, Estate Planning, Guardianships, and/or Civil Litigation. Strong writing, research, computer, and litigation experience required. All replies will be maintained
as confidential. Send resume and references to
jay@jaygoodman.com.
36 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
Position Announcement
Research and Writing Specialist Albuquerque, NM
2012-03
The Federal Public Defender for the District of
New Mexico is seeking a full time, experienced
Research and Writing Specialist for the main office in Albuquerque. The Federal Public Defender
operates under authority of the Criminal Justice
Act, 18 U.S.C. § 3006A, and provides legal representation in federal criminal cases and related
matters in the federal courts. The Research and
Writing Specialist is an attorney position that
provides advanced research and writing services
to staff attorneys on trial and appellate cases,
performs computer assisted legal research, aids
in the development of legal strategies, writes
briefs, motions, petitions for certiorari, and legal
memoranda for review by the Defender and staff
attorneys. General duties include examining,
analyzing and researching records and issues,
performing legal research and preparing legal
documents, assisting AFD staff with all aspects
of case preparation, training, continuing legal
education and supervision of legal interns as
appropriate. The Research and Writing Specialist does not ordinarily sign pleadings or make
court appearances. Minimum qualifications
include graduation from an accredited law
school, admission to practice in good standing
before the highest court of a state, and a working
knowledge of federal criminal law and procedure.
Candidates must be able to analyze legal issues
from lengthy, complex records, write clearly and
concisely, and have strong computer automation
skills. Prior appellate writing experience, law
review membership or a judicial law clerkship are
desirable. This is a full-time position with federal
salary and benefits based upon qualifications and
experience. Pay ranges from a JSP 9-15, $47,448
to $147,857 annually depending on experience.
Research and Writing Specialists may not engage
in the private practice of law. All employees are
subject to mandatory electronic fund transfer (direct deposit) for payment of net pay. The selected
candidate will be subject to a background check
as a condition of employment. The Federal Public Defender is an equal opportunity employer.
Please submit a statement of interest, detailed
resume of experience, and three references to:
Stephen P. McCue, Federal Public Defender, 111
Lomas Blvd. NW, Suite 501, Albuquerque, NM
87102. Writing samples will be required only
from those selected for interview. Applications
must be post marked by April 27, 2012. Position
subject to availability of funding.
Associate Attorney–
The law firm of Thuma & Walker, P.C. is
seeking an associate attorney with experience
in commercial law, commercial litigation, and
commercial bankruptcy. The applicant must be
intelligent, well educated, hard working, and
have good writing skills. Salary DOE. Pleasant working environment, good benefits. Send
cover letter with resume to Thuma & Walker,
P.C., 500 Marquette, NW, #650, Albuquerque,
NM 87102, or twalker @thumawalker.com.
www.nmbar.org
Lawyer-Advanced (PRC #6200)
This position is responsible for providing legal
counsel to all Public Regulation Commission
divisions in the regulation of utilities (electric,
gas, telecommunications, water, and sewer),
transportation (including common motor
carriers, ambulance standards, and pipeline
safety), insurance, State Fire Marshal’s Office,
and administrative services (including corporations). The Legal Division also represents PRC
staff in proceedings before the Commission,
and provides counsel to the Commission in
matters not involving advice on contested proceedings, including personnel and employment
matters. Salary range: $20.70 - $36.80.00
hourly. TO APPLY: please visit www.spo.state.
nm.us by 4/17/2012. For more information
contact Rene Kepler at 827-4324. The State
of NM is an Equal Opportunity Employer.
New Mexico
Public Defender Department
Request For Proposal
The New Mexico Public Defender Department
is issuing a Request for Proposal (RFP) for currently licensed New Mexico attorneys to serve
as contract Public Defenders from November
1, 2012 to October 31, 2014. Contractors are
needed in the following areas: Trial attorneys
for felony, juvenile, or misdemeanor cases in
all judicial districts statewide and appellate attorneys for magistrate and metropolitan court
appeals to district court or to the New Mexico
Court of Appeals and Supreme Court. This
RFP is directed to all categories of respondents
including attorneys who currently have legal
services contracts with the Public Defender,
attorneys who currently have limited “small”
contracts which were not previously issued
in response to an RFP and attorneys without
contracts with the Public Defender. Requests
for a copy of the RFP and contract or general
questions may be addressed to Cheryl Engelke,
cheryll.engelke@state.nm.us. Written inquiries
regarding legal questions pertaining to this
RFP may be sent to davidt.eisenberg@state.
nm.us. Only hard copy submissions of proposals with original signatures will be accepted.
Proposals may not be sent via fax or e-mail.
Deadline for submission is June 15, 2012 at
2pm MST. Late proposals will not be accepted.
This contract procurement conforms to the
requirements of Section 13-1-21 to 13-1-199,
NMSA 1978.
Associate Position - Albuquerque
Montgomery & Andrews is accepting applications for an associate position in its Albuquerque office. The position is for an attorney with
a minimum of 5 years of litigation experience.
All inquiries shall be kept confidential. Please
send a cover letter and resume to Montgomery
& Andrews, Attn: Hiring Partner, P.O. Box
2307, Santa Fe, New Mexico, 87504-2307. Email responses may be submitted to bmoore@
montand.com.
Assistant Attorney General
The Litigation Division of the Attorney General’s Office, an EEO employer, is accepting resumes for an “exempt” (not classified) attorney
for the position of Assistant Attorney General
located in Santa Fe. The work will consist of
administrative prosecutions on behalf of various state licensing boards and civil litigation
matters on behalf of the State of New Mexico
in state and federal courts. A minimum of 8
years of civil litigation experience is required.
NM bar admission is required. Salary is commensurate with experience. Resume, writing
sample and minimum of three professional
references must be received at the Office of
the Attorney General by 5:00 p.m. on April
20, 2012. Send all information to: Dennis
Martinez, HR Manager, PO Drawer 1508,
Santa Fe, NM 87504-1508.
Associate Attorney
Riley, Shane & Keller, P.A., an Albuquerque
AV-rated defense firm, seeks an Associate Attorney for an Appellate / Research & Writing
position. We are seeking a person with appellate experience as well as skill and interest
in writing. The position will be part-time to
full-time with flexibility as to schedule and
off-site work opportunity. We offer an excellent
benefits package. Salary is negotiable. Please
mail, fax or e-mail resumes, references and
several examples of your writing to our office
at 3880 Osuna Rd., NE, Albuquerque, NM
87109 c/o Office Manager, (fax) 505-883-4362
or gglennon@rsk-law.com.
Lawyer-Advanced (PRC #00004206
and #00043484) (2 positions)
Associate Position - Santa Fe
Montgomery & Andrews is accepting applications for an associate position in its Santa Fe
office. The position is for an attorney with a
minimum of 5 years of litigation experience.
All inquiries shall be kept confidential. Please
send a cover letter and resume to Montgomery
& Andrews, Attn: Hiring Partner, P.O. Box
2307, Santa Fe, New Mexico, 87504-2307. Email responses may be submitted to bmoore@
montand.com.
Associate Attorney
Busy personal injury law firm is currently seeking full time associate attorney to handle Personal Injury cases. Spanish speaking preferred
but not required. Candidates must be highly
motivated, client oriented and will enjoy working in a fast-paced environment. Candidates
must be licensed to practice in the state of New
Mexico. Salary competitive and commensurate
to experience and qualifications. Please e-mail
resume to attorneyad12@yahoo.com.
Legal Secretary/Assistant
Legal secretary/assistant w/extensive commercial civil litigation and practice management
experience for established law firm. Seeking
professional, organized, and highly skilled
individual with attention to detail. Excellent
computer/word processing skills required. All
inquiries confidential. Competitive benefits.
Office Manager, Atkinson, Thal, & Baker,
P.C. 201 Third Street NW, Suite 1850, Albuquerque, NM 87102 or Fax to 505-764-8374.
Courier/Receptionist/Admin. Clerk
These positions in the Office of General Counsel serve as legal counsel to the Commission.
The incumbents advise the Commission on legal issues regarding matters pending before the
Commission and on matters pertaining to the
agency’s operation. They also draft Commission orders and rules, review and draft legislation, coordinate with technical experts advising
the Commission, represent the Commission in
challenges to orders brought in, e.g., the New
Mexico Supreme Court and US District and
Circuit Courts, and assist the Commission in
docket control and public information matters.
Salary range: $20.70 - $36.80.00 hourly. TO
APPLY: please visit www.spo.state.nm.us by
4/17/2012. For more information contact Rene
Kepler at (505) 827-4324. The State of NM is
an Equal Opportunity Employer.
Courier/Receptionist/Admin. Clerk for 12-attorney firm. Part-time. Must have reliable
transportation, good phone and people skills.
Variety of office duties. Salary DOE. Resumes
to: Moses Law Firm P.O. Box 27047 Albuquerque NM 87125.
Full Time Legal Secretary/Assistant
Full time legal secretary/assistant needed for
an Albuquerque criminal defense firm with an
extensive practice in federal, and state district
and metropolitan court. Applicant must have
excellent computer/word processing, clerical
and organizational skills. Must also have a
pleasant and positive attitude and be able to
complete tasks within deadlines. Prior legal
experience strongly preferred and bookkeeping/financial skills a plus. Send resume and
salary history/requirements to POB 92860,
ABQ, NM 87199-2860 Attn: Box B
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 37
Services
Office Space
Briefs, Research, Appeals–
Beautiful Nob Hill Offices
Leave the writing to me. Experienced, effective, reasonable. cindi.pearlman@gmail.com
(505) 281 6797
DWI Prevention
A mer ic a n L i mou si ne, 505 - 6 0 4 -3392 ,
www.NewMexicoLimos.com
Lawyer office w/ approx. 1000+ sq. ft. in ideal
location includes two offices with secretarial
stations and ample filing cabinets. Additional
amenities include: conference room with
library; kitchen; classroom set-up with tables,
dry erase board and large screen TV; video
conferencing equipment; high speed internet;
copier/fax; showers; security system; parking and much more. Call Brian at 264.2037
Photos available
www.nmbar.org
Professional Office Space
2937SF office, prime Uptown location with
high visibility and easy access to I-40. Bank
of America, companion restaurants, shopping,
extensive landscaping, ample parking, fullservice lease. Top floor, glass entry, exceptionally well improved and appointed reception,
offices, kitchen, and conference room. Building
signage available. 3 to 5 year lease. $18.50 RSF.
Rental incentives available. Comcast Business
Class available at Uptown Square (includes
High-Speed Internet, Telephone and Television). Ron Nelson 883-9662 - Uptown Square.
Medical Legal Consultant -
Chemical Sensitivities & Environmental
Illnesses. www.AnnMcCampbellMD.com,
(505) 466-3622
ENews
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38 Bar Bulletin - April 11, 2012 - Volume 51, No. 15
CeLebRAte
LAw DAy
Participate in the
Young Lawyers Division
Ask-a-Lawyer
Call-In Program.
All State Bar members
are welcome.
9 a.m. to 1 p.m., Saturday, April 28
Contact the YLD member near you by April 13
and provide the practice areas for which you will take calls.
Albuquerque
Keya Koul
kkoul@cmsls.com
(505) 848-9511
Las Cruces
David Lutz
dplutz@qwestoffice.net
(575) 526-2449
Farmington
Ken Stalter
kstalter@da.state.nm.us
(505) 599-9810
Roswell
Jared Kallunki
jared.kallunkilaw@gmail.com
(575) 208-4469
YOUNG LAWYERS DIVISION
Bar Bulletin - April 11, 2012 - Volume 51, No. 15 39
2012 Annual Meeting – Bench and Bar Conference
Your Practice, Our Profession: Touching the Lives of Children and Families Every Day
The Hyatt Regency Tamaya Resort & Spa
July 12-14, 2012
President’s Reception and
Chuckwagon Dinner
Featuring the Bo Brown Band
Friday, July 13, 6–8:30 p.m.
Ticketed Event - $35 Adults
Children under 12 – Free
Join President Hans Voss, fellow members,
their families and friends at a reception
and chuckwagon-themed dinner, with
entertainment by the Bo Brown Band. Awards
for the “Best Western Hat and Boots” and “Best
Western Wear”. Have your photo taken at the
Mobile Photo Lounge. Something for everyone!
Don’t forget to purchase your ticket, it’s on the
registration form.
Visit www.nmbar.org and select 2012 State Bar Annual Meeting