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June 15, 2009 · Volume 48, No. 24

Inside This Issue

Table of Contents ..........................................................3 Letter to the Editor: Attempted Internet Scam ..............5 2009 State Bar of New Mexico Annual Award Recipients ..........................................6 Equal Access to Justice 2008­09 Campaign Donors .....7 Clerk's Certificates .......................................................16 Rules/Orders No. 09-8300-017: In the Matter of the Approval of Local Rule LR2-123 for the Second Judicial District Court .........................................................20 From the New Mexico Court of Appeals 2009-NMCA-054, No. 26,632: State ex rel. CYFD v. Lance K. ................................21 2009-NMCA-055, No. 26,678: State v. Balenquah ...................................................29

Knucklehead by Jack Atkins (see page 3)

Weems Art Gallery, Albuquerque

Special Insert:

CLE At-a-Glance

www.nmbar.org

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 1

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*According to the ARAG Fee Schedule.

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2 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

Table of ConTenTs

Notices ................................................................................................................................................................4 Letter to the Editor: Attempted Internet Scam......................................................................................5 2009 State Bar of New Mexico Annual Award Recipients ..................................................................6 Equal Access to Justice 2008­09 Campaign Donors ...........................................................................7 Legal Education Calendar ......................................................................................................................... 12 Writs of Certiorari ......................................................................................................................................... 13 List of Court of Appeals' Opinions ........................................................................................................... 15 Clerk's Certificates ......................................................................................................................................... 16 Recent Rule-Making Activity ..................................................................................................................... 18 Rules/Orders No. 09-8300-017: In the Matter of the Approval of Local Rule LR2-123 for the Second Judicial District Court........................................................................................... 20 Opinions From the New Mexico Court of Appeals 2009-NMCA-054, No. 26,632: State ex rel. CYFD v. Lance K. ................................................. 21 2009-NMCA-055, No. 26,678: State v. Balenquah..................................................................... 29 Advertising ..................................................................................................................................................... 33

Officers, Board of Bar Commissioners Henry A. Alaniz, President Stephen S. Shanor, President-Elect Jessica A. Pérez, Vice President Hans William Voss, Secretary-Treasurer Craig A. Orraj, Immediate-Past President Board of Editors Mark A. Glenn, Chair Janet Blair Paul A. Bleicher Joel McElroy Carson Danny W. Jarrett Joan Marsan Kathryn Joy Morrow Steven K. Sanders Stacey E. Scherer Elizabeth Staley

State Bar Staff Executive Director Joe Conte Membership and Communications Director Chris Morganti Editor Dorma Seago (505)797-6030·[email protected] Graphic Designer Julie Schwartz [email protected] Account Executive Marcia C. Ulibarri (505)797-6058·[email protected]bar.org Pressman Brian Sanchez Production Assistant Pam Zimmer Press Shop Assistant Michael Rizzo

©2009, 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:[email protected]·www.nmbar.org

Professionalism Tip

With respect to my clients: I will keep my client informed about the progress of the work for which I have been engaged or retained, including the costs and fees.

Meetings

June

16 Solo Section Board of Directors, 11:30 a.m., Section meeting, noon, Chama River Restaurant 17 Criminal Law Section Board of Directors, noon, State Bar Center 17 Health Law Section Board of Directors, noon, State Bar Center 17 Law Practice Management Committee, noon, State Bar Center 19 Family Law Section Board of Directors, 9 a.m., via teleconference 25 Technology Committee, 4 p.m., State Bar Center

State Bar Workshops

June

23 Lawyer Referral for the Elderly Workshop 10 a.m., Presentation/12:30­3:30 p.m., Clinics Reserve Senior Center, Reserve 24 Lawyer Referral for the Elderly Workshop 10 a.m., Presentation 12:30­3:30 p.m., Clinics Quemado Senior Center, Quemado 24 Consumer Debt/Bankruptcy Workshop 6 p.m., State Bar Center, Albuquerque

July

22 Consumer Debt/Bankruptcy Workshop 6 p.m., State Bar Center, Albuquerque

August

12 Estate Planning/Probate Workshop 6 p.m., State Bar Center, Albuquerque

June 15, 2009, Vol. 48, No. 24

Cover Artist: Jack Atkins (www.jackatkins.com) paints the Southwest's intense desert light, its spectacular vistas, and the people and things that create its sense of place. This fourth-generation New Mexican uses vivid colors and dramatic compositions to tell the story of this area's underlying sense of drama and history. Atkins' paintings are in a contemporary realist style. To see the cover art in its original color, visit www.nmbar.org and click on Attorneys/Members/Bar Bulletin. Bar Bulletin - June 15, 2009 - Volume 48, No. 24 3

noTiCes

CourT news

N.M. Supreme Court

Judicial Performance Evaluation Commission

The Judicial Performance Evaluation Commission was created by the New Mexico Supreme Court to provide voters with fair, responsible and constructive evaluations of trial and appellate judges and justices seeking retention in general elections. The results of the evaluations also provide judges with information that can be used to improve their professional skills as judicial officers. The commission's next regular meeting will be from 8 a.m. to 5 p.m., June 26, at the State Bar Center, Albuquerque. · Morning groups meet regularly on the third Monday of the month: June 15, 7:30 a.m. Both groups meet at the First United Methodist Church at Fourth and Lead SW, Albuquerque. For more information, contact Bill Stratvert, (505) 242-6845.

Law Practice ManageMent coMMittee

The Law Practice Management Committee offers information on: · ClientRelations · EmploymentIssues · Forms · Malpractice · Marketing · ProductsandServicesDirectory · Technology · RiskManagement · BusinessofaLawOffice · Insurance · TaxandAccounting · AndMore... E-mail questions or comments to [email protected] http://www.nmbar.org/Attorneys/ LPM/LPM.html

Committee on Women and the Legal Profession

Lunch Meeting

The Committee on Women and the Legal Profession will host a lunch meeting from noon to 1:30 p.m., June 19, at the Flying Star, 723 Silver Ave SW, Albuquerque. The meeting will feature Dr. Mark Unverzagt, M.D., founder of [email protected], an innovative primary care practice, who will speak on accessing health care, prevention issues for children and families, and heath care reform. The meeting is open to everyone and all are invited to attend. Lunch is ordered off the menu with payment made directly to Flying Star. Advance reservations are requested. To confirm attendance no later than June 17, R.S.V.P. to Patty Galindo, [email protected]

United States District Court for the District of New Mexico

Judicial Investiture

The judges of the United States District Court for the District of New Mexico invite members of the bar and legal community to attend the investiture ceremony of the Honorable Gregory B. Wormuth as United States Magistrate Judge at 4 p.m., June 19, at the U.S. Courthouse, Third Floor Courtroom, 200 E. Griggs, Las Cruces. A reception will follow from 5:30­7:30 p.m. at the Stan Fulton Athletic Center, New Mexico State University, Las Cruces. To R.S.V.P. call (505) 348-2001 or e-mail [email protected]

Indian Law Section

Summer Mixer

Join the Indian Law Section for a summer mixer July 31 at St. Clair Winery & Bistro, 901 Rio Grande Blvd. NW, Albuquerque. Light appetizers and a cash bar will be available. This social event will provide an opportunity for new and existing members of the section to gather in an informal setting to relax, get acquainted, and catch up with other attorneys who are interested in Indian law. Section members and new bar members are free. Non-section members can join the section for $20. All other guests can join the fun for $20. All mixer attendees will be eligible for door prizes to be given

away at the event. For further information, contact Georgene Louis, [email protected] yahoo.com.

Senior Lawyers Division

Annual Meeting

The Senior Lawyers Division will hold its annual meeting at 12:30 p.m., July 10, during the State Bar's annual meeting at the Buffalo Thunder Resort in Santa Fe. The discussion will focus on determining senior lawyer programs using technology that should be provided to members. Members should send

sTaTe bar news

Attorney Support Group

· Afternoon groups meet regularly on the first Monday of the month: July 6, 5:30 p.m.

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 lst Judicial District Court (505) 827-4687 Exhibits Exhibits in Criminal, Civil, and Domestic Cases For Years 1977­1992 May be Retrieved Through June 19

4 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

www.nmbar.org issues that they would like addressed along with any other agenda items to Chair Tom Dawe, [email protected] or (505) 764-5427. Lunch will be provided to members who R.S.V.P. by July 3 to Tony Horvat, [email protected] nmbar.org or (505) 797-6033.

Albuquerque Bar Association

oTher bars

Membership Luncheon

Young Lawyers Division

Wills for Heroes Volunteers Needed in Moriarty

The Young Lawyers Division seeks attorney volunteers for its Wills for Heroes event from 9 a.m. to 1 p.m., June 27, at the Moriarty Civic Center, 202 S. Broadway, Moriarty. Attorneys will draft wills and other basic estate planning documents, free of charge, to qualified first responders. No prior experience with wills or estate planning is needed as a computer program will be utilized to produce the documents. Volunteers must bring laptops. For more information or to volunteer, contact Matt Page, [email protected] da.state.nm.us or (505) 384-2800.

The Albuquerque Bar Association's membership luncheon will be held at noon, July 7, at the Embassy Suites Hotel, 1000 Woodward Pl. NE, Albuquerque. The luncheon speaker is Mayor Martin Chavez. The CLE (1.5 general CLE credits) will immediately follow the luncheon from 1:15 to 2:45 p.m. Mel E. Yost of Scheuer, Yost & Patterson and William R. Keleher of Modrall, Sperling, Roehl, Harris & Sisk will present A Potpourri of Issues Concerning Settlement Facilitation/Mediation of Interest to Litigators, Transactional Lawyers and Mediators. Lunch only: $25 members/$35 nonmembers with reservations; lunch and CLE: $70 members/$95 non-members with reservations; CLE only: $45 members/$60 non-members.

Register for lunch by noon, July 2. To register: 1. log onto www.abqbar.com; 2. e-mail [email protected]; 3. call (505) 842-1151 or (505) 243-2615; 4. fax to (505) 842-0287; or 5. mail to PO Box 40, Albuquerque, NM 87103.

School of Law

unM

Summer Library Hours

Building and Circulation Monday­Thursday 8 a.m.­9 p.m. Friday 8 a.m.­6 p.m. Saturday 9 a.m.­6 p.m. Sunday Noon­9 p.m. Reference Monday - Friday 9 a.m.­6 p.m. Saturday Closed Sunday Noon­4 p.m. Independence Day, July 3­4 Closed

leTTer To The ediTor

Dear Editor, A scam is apparently taking place widely and has been active in New Mexico for some time. You would do a service to our members if you published the scam as fully described. Marshall G. Martin Executive Vice President and Corporate Counsel First Community Bank, Albuquerque [Ed. Note: A description of the scam Mr. Martin refers to is reprinted below.] A Michigan law firm recently narrowly avoided an Internet scam that has ensnared some attorneys in other states. We are reporting the scam to put members on notice to exercise extra diligence when presented with circumstances similar to those noted below. The scam works like this. The law firm receives a referral from someone posing as an out-of-state attorney to enforce a simple contract dispute or collect a debt from a local corporation owed to a foreign company, normally Taiwanese. (Any foreign company would work. The time difference complicates communications.) The law firm, believing it is exercising due diligence, confirms that the prospective client is a real company trading on the Taiwanese stock exchange and then enters into a fee agreement, thereby placing itself in the trap. It sends a demand letter, and a month later receives a cashier's check in full payment, made payable to the law firm. The client is pleased and directs the law firm to wire the money, after

Attempted Internet ScAm

deducting its fees and costs. The law firm deposits the money in its client trust account, waits for the check to clear the local bank, and wires the money to the client. Things fall apart when the bank on which the check is drawn notifies everyone that the check is a counterfeit fraud. It is too late to stop the wire transfer, and the law firm's client trust account is now out the proceeds, which the firm has to replace. The scam works because the law firm erroneously believes that the check is good when it clears the law firm's bank. That is not the case. The first clearance is only provisional. The bank on which the check is drawn has additional time under the law to verify the check. In the case of the Michigan law firm, one of its members became suspicious when the payment check arrived. It had all occurred too easily, without litigation, and with full payment. He called the Alabama attorney who referred the case and discovered someone posing as the attorney had made the referral. Beware of similar circumstances. Remember, those engaged in these schemes are devious and will use the names of actual companies, client contacts, and referring attorneys in an effort to sell the scam. If you suspect you have encountered a similar situation, the following steps may be helpful: a) independently verifying the names and contact information provided to you, make contact with appropriate persons to verify the representation; and b) do not disburse the deposited funds until the bank on which the cashier's check is drawn clears the check. In some cases it is possible that could take up to a week or more, but if you keep a copy of the check, you could call the bank on which it is drawn to see if they will advise you when it will be or was paid. --John Maloney TCF Bank Greenwood Village, Colorado

The Board of Editors authorizes publication of letters to the editor as a vehicle for responding to previously published articles and letters and for encouraging discussion of topics of substantive legal interest among members of the State Bar. The Board will exercise its discretion in publication decisions and will edit submissions for length and content. Bar Bulletin - June 15, 2009 - Volume 48, No. 24 5

Congratulations 2009 state Bar of new MexiCo annual award reCipients

Justice Pamela B. minzner Professionalism award

John P. salazar

distinguished Bar service award­ non-lawyer

sally saunders

seth d. montgomery distinguished Judicial service award

Judge mark B. mcfeeley Ben a. longwill

center for civic values new mexico high school mock trial Program

outstanding legal Program award

roBert h. lafollette Pro Bono award distinguished Bar service award­lawyer

randy J. knudson

outstanding young lawyer of the year award

clara moran

the state Bar of new mexico will Present the awards at a recePtion at 5 P.m., July 10, during the annual meeting at the Buffalo thunder resort at PoJoaque, new mexico. for a registration form and a detailed list of Programs and events, see the insert in the aPril 6 Bar Bulletin or visit the state Bar 's weB site at www.nmBar.org.

6 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

equal aCCess To JusTiCe 2008­09 CaMpaign donors

$264,000

hose of you listed below help to make justice for all a reality in New Mexico. Your support raised $264,000 for Equal Access to Justice. Contributions will be disbursed to New Mexico Legal Aid, Law Access New Mexico, DNA-People's Legal Services, and the New Mexico Center on Law and Poverty. You honor the legal profession with your generosity. Thank you! Thank you! Thank you! Equal Access to Justice Board of Directors

T

proTeCTors of JusTiCe $20,000­$30,000

Rodey Dickason Sloan Akin & Robb PA*

ChaMpions of JusTiCe $10,000­$19,999

Miller Stratvert PA* Modrall Sperling Roehl Harris & Sisk PA*

defenders of JusTiCe $5,000­$9,999

Montgomery & Andrews, PA* Sheehan Sheehan & Stelzner, PA* Sutin, Thayer & Browne, PC*

advoCaTes of JusTiCe $1,000­$4,999

Anonymous Employees of Miller Stratvert PA through United Way of Central NM* Anonymous Employees of Bernalillo County Paul Abrams* John and Polly Arango* Atkinson & Thal PC* Bidtah Becker and Paul Spruhan Jon Boller* Gary Brownell* Brownstein, Hyatt, Farber & Schreck* Butt Thornton & Baehr, PC* Center for Civic Values* Civerolo Gralow Hill & Curtis* Bruce Cottrell* Elder Law Section, State Bar of New Mexico* Equal Access to Justice* Tim Fields Freedman, Boyd, Daniels, Hollander & Goldberg* Ruth Fuess* Gilkey Stephenson, PA* Jones Snead Wertheim & Wentworth PA* Dennis Jontz Keleher & McLeod* Twila and Michael Larkin Law Access New Mexico* Law and Resource Planning* John Lawit PC* Luebben Johnson Barnhouse* Madison Harbour PA Mary and Bernie Metzgar* Richard and Pamela Minzner* Andrew Montgomery* Charles and Peg Moore Kate Mulqueen and Joel Widman* New Mexico Bank and Trust Oliver Seth Inns of Court* Thomas Olson* Raymond Z. Ortiz* Norman Osborn Paralegal Division, State Bar of New Mexico* Judge Lynn Pickard* Thomas Popejoy* Roberta Cooper Ramo and Barry Ramo* John Robb* Rothstein Donatelli Hughes Dahlstrom Shoenberg & Bienvenu LLP* San Juan County Bar in Memory of Craig Westberg Sanchez Mowrer & Desiderio PC* Scheuer Yost & Patterson Sarah Singleton* Ruth Schifani* Matthew Slater and Faith Roessel* State Bar of New Mexico* William and Genevieve Strouse* Sommer Udall Harwick & Hyatt* Young Lawyers Division, State Bar of New Mexico*

* Donors who have contributed to EAJ for three or more years or who donated to the 2008 Justice for All Ball or Silent Auction. Bold Members of the Equal Access to Justice Board of Directors.

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 7

supporTers of JusTiCe $500­$999

Carolyn Abeita* Ethel Abeita* Advocate Law Center* Anonymous Employees of the Rodey Law Firm Mary Ann Baker Randall* Paul Bardacke and Lisa Enfield* Susan Bartholomew-Little* Deena Beard Lori Bencoe George Bingham* Thomas Bird Susan Bisong* Stuart Bluestone* Justice Richard Bosson* Clara Ann Bowler Brian Branch* James Branch* Buffalo Thunder Resort* Judge Michael Bustamante* Calvert & Menicucci Patrick Casey* Judge Celia Foy Castillo* Thomas Catron* Justice Edward Chavez and Sandra Chavez* Ann Claassen in Honor of Mary Lou Carson Joe Conte* Cuddy McCarthy LLP* Elizabeth Cunningham Martha Daly* Justice Charles Daniels* Shannon Donahue* Douglas and Marcia Driggers Russell Elliott* Fine Law Firm* Michael Fitzpatrick Jennifer Foote and Stephen Curtice* Judge Cynthia Fry* Vickie Gabin* Phillip Gaddy* Norm and Jane Gagne* Gallegos Law Firm* Timothy Garcia Timothy Garner Geer Wissel & Levy* Yvette Gonzales Brad Goodwin John Greacen* Hispanic Bar Association* Karen Janes Tammy Jasionowski* Thomas Keleher* William Keller* Judge Roderick Kennedy* Gary King* Kathleen and Alan Lebeck* Robert Levy and Susan Conway* Jackson Lewis LLP Arthur Losee Robert Lucero Justice Petra Jimenez Maes* Mason & Issacson* Paula Maynes* McGinn Carpenter* Kim Middlebrooks* David Mielke Moody & Warner Judith Ann Moore* Ronald Morgan* Michele and James Morosin-Grayson Lynn Mostoller William Murphey* James Murphy* Myers Oliver & Price PC* John Myers Narvaez Law Firm PA* David Norvell* Lisa and Mark Ortega* Bonita Ortiz* Ortiz & Lopez Peacock Myers PC* Pegasus Legal Services* Earl Potter* Rose Provan Public Service Company of New Mexico* Charles Purcell* Edward Ricco and Mary Ann Sweeney* Dennis Richard* Conrad Rocha* Louis Rose* Jesus Salazar Pia Salazar* Maureen Sanders* Janet Santillanes* Sawtell Wirth & Biedscheid* Justice Patricio Serna* Southwest Airlines* Tim Sheehan* Peter Springer* Patrick Sullivan* Judge Jonathan Sutin* Technology Grant from United Way of Central New Mexico Bruce Thompson* Martin Threet Steven Tucker* Twelfth Judicial District-Alamagordo Kim Udall* Judge Linda Vanzi* Judge Barbara Vigil Judge Michael E. Vigil* Vogel Campbell & Blueher PC* Stephen Vogel* Roger Wagman* Walther Family Law Walter Wolf* Eugene Wolkoff* Marianne Woodard Susan Ybarra David Yepa Wendy York* Mark Zobel

friends of JusTiCe $5­$499

Todd Ackley Colin Adams Barbara Albin Jeffrey and Beatrice Albright* Colin Alcott Aldridge Aycock Actkinson & Rutter Shari Lynn Allison Almanzar & Youngers* Judge Julie Altwies Patricia Anders* Kirsten Anderson* Anonymous (1) Anonymous (2) Anonymous in Honor of Tom Popejoy* Anonymous in Honor of Robert Ericson Anonymous in Honor of Patty Blueitt Lillian Apodaca Lee Auerbach Linda Auwers* David Baca* Frank Baca Sandra Bailey* Melanie Baise* Jan Bandrofchak* Jean Bannon Bannerman & Williams, PA* Jared Barilant Richard Barlow* Barlow & Wilcox Leslie Barnhart Joseph Barrera Mark and Kathleen Basham* Laura Bassein Lloyd Bates* Ellen Bayard and James O'Neill* Arthur Beach* Sandra Beerle* Robert Becker*

8 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

Julia Belles Gordon Berman* Richardo Berry* Hannah Best* R. Max Best* Stanley Betzer* Marci Beyer Wendy Bickel* Paul Biderman* John Bienvenu John Bigelow Judge Bruce Black David Black James Blackmer* Cliff Blaugrund* Sigmund Bloom* Kenneth Bobroff* Richard Boyd* LaMerle Boyd Bruce Boyton Sarah Bradley* David Brainerd Kathleen Brandt* Marcy Branham Jeffrey Brannen* Michael Brescia* Felix Briones, Sr.* John Britt* Aja Brooks Tequila Brooks* Peter Broullier III* Jessica Browde Michael Browde* Cathrynn Novich Brown* Martha Brown* Willie Brown Shannon Bulman Nan Burke Jason Burnette* Kelly Burnham Linda Burson Darcy Bushnell Stuart and Robin Butzier Judge Clay Campbell and Leslie Kelly* David Campbell* Shellene Campbell Judge Neil Candelaria Cristy Carbon Gaul Margaret Carde* Enid Cardozo Carla Ann Carter* Melanie Carver Cassutt Hayes Fletcher Catron* John Catron* M. David Chacon Roxanne Chacon Mark Chaiken George Chandler* John Chapman Susan Chappell* James Chavez* Lisa Chavez* Briggs Cheney*

Chesnut Law Offices* Benjamin Chicoski* Martha Chicoski* Richard Collins Brian Colon* Cristen Conley and Mike Anderson Kristen Connor Delfido Conroy William Cooke Jessica Cooper* Robert Cooper* Court of Appeals Employees in Honor of the Retirement of Judge Lynn Pickard Frances Crockett Crollett & McDowell* Dan Cron* Robert Crumpler Kaydee Culbertson Cullen Law Firm David Cunningham Timothy Cusack* Dan Custodio Hugh Dangler* Kasey and Tim Daniel* Michael Daniels Beth Davenport Michael Davis Philip Davis* Lt. Governor Diane Denish and Herb Denish* Neal and Paula Devitt Gerald Dixon* Lois Dogliani* Pat Donohue* Larry Dreyfus* Teresa Dubuque* George Gary Duncan* Thomas Dunigan Gretchen Elsner Damon Ely Embassy Suites Albuquerque* Mario Esparza* Judith Espinosa* Leonard Espinosa* Nick Estes Jr.* Steven Ewing* Steven Farber* John Faure* William Federici* Richard Feferman* EJ Fengolio* Sherrill Filter Don and Leah Fineberg* Michael Finnie* Linda Flores Jeff Fornaciari* Beverly Fowler Bruce Fox Retired Justice Gene Franchini and Glynn Franchini* Douglas Tyler Francis David Franco* Emily Franke* Bobbie Franklin*

Rod and Michelle Frechette* David Freedman* Caren Friedman* Harrell Fuller Lynn Fuller Scott Fuqua* Paul Fyfe* Jason Galbraith Laurie Gallegos Garber & Hallmark* Ramon Garcia Carol Garner Lynn Gentry* Nicholas Gentry* Michelle Giger Deborah Gille Donald Gilpin* Robin Goble David Gomez Mike E. Gomez Anne Gonzales Gerald Gonzales Stacy Goodwin* Gail Gottlieb Gregory Gowan Christopher Graeser Steven Granberg* Barbara Green* Marcia Green Stephen Greetham Greig & Richards P.A.* Griego Guggino & Associates* Michael Gross* Sharon Gross* Guebert Bruckner & Bootes PC* Alicia Gutierrez* Elizabeth Gutierrez* Bruce Hall* David Hall J. Scott Hall* Jennifer Hall Bill Hammer* Sara Harmon Josh Harris Randall Harris Judge Harris Hartz* Janis Hawk* Sharon P. Hawk Peter and Elaine Hebard* Lyn Hebert Hugh W. Hegyi Levon Henry* Bruce Herr* Tonya Herring* Corbin Hildebrandt* Robert Hilgendorf* Marianne and Dennis Hill* Timothy Holloran Marcy Holloway Lawrence Horan Thomas Horan and Mary Ann Campbell* Kristopher Houghton Tracey Marie Hughes* Valerie M. Huling

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 9

Regina Hurley David Indinopolus Tova Indritz* Inn of the Mountain Gods* Richard Jacobs* Adelaide Jacobson* Mark Jaffe* Mark Jarner* Margaret Jeffers* Anthony Jeffries* Eric Sedillo Jeffries* Brian Jennings* Donald Johnson Gayolyn Johnson Donald Jones Jones Reporting Service* Jody Karp Barbara Katch Adelia Kearny* Mary Keleher and Bruce Castle* Tom and Greta Keleher* Henry and Bonnie Kelly* David Kelsey* Ellen Kemper* Gail Mindy Kempler* Edmund Kendrick* Emil Kiehne Gary Kilpatric John King* Judge Marcella King* Craig Kling* Barbara Koenig* Alan Konrad Joan Kozon Phil Krehbiel* Kathryn J. Kuhlen John Laflin Michael Lane Gary Larson* Albert Lassen Lastrapes Sprangler & Pacheco Lynda Latta* William Lazar* Stacy Leaman and Ed Vigil* Teresa Leger* Anita Letter Virgil Lewis Lexis Nexis* Michael Liebman* Lilley Law Office Richard Lilley Virginia Loman Long, Pound & Komer* C. Quinn Lopez David Lopez* Manuel Lopez* Suzanne Lubar* Carolyn Lumbard David Lunt* Myra Lynch* Clare Freeman Lyon Gina Maestas and Erich Martell* Patricia Madrid* Larry Maldegen Peter Mallery* 10 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

Eileen Mandel* Nathan Mann* Chandra Manning William Marchiondo* Jason Marks* Kathleen Marr* James Thomas Martin James T. Martin Barbara Martinez Claudine Martinez Nasha Martinez* Phillip Martinez Ramona Martinez Jane Marx* Jay Mason* Patrick Mason* Muriel McClelland Susan McCormack Evan McHale Mary McInerny Judith Mellow* Robert Merson Anita Miller* Ned Miller Max Minzner and Mary Tobler* William Mitchell* Margaret Montgomery* Dennis Montoya J. Brent and Mary Ann Moore* Jean Moore* Elena Moreno* Chris and Art Morganti* Mark Mowery* Justice Mary Mullarkey* Jennifer Munson* Michael T. Murphy* Cynthia Murray* Sarita Nair Judge Nan Nash* Stephen Natelson* New Mexico Center on Law and Poverty* Peggy Nelson* J. Kenneth Neundorf* Cecelia Niemczyk* Kathleen Oakey M.E. Occhialino Beverly Ohline Dan O'Brien* Thomas O'Hare* Marilyn O'Leary* Judith Olean-Dedicated to PL Class 1120 at CNM Catherine Oliver Sigrid Olson Jim Orgass Craig and Donna Orraj* Victor Ortega* Felicia Orth* Francisco Ortiz* Patrick Ortiz James Owens Leonard Padilla Gordon Palmer Carol Parker

Judge James Parker* Michael Parks Janice and Stuart Paster* Lucy Salsbury Payne* Martin Pearl* Cindy Pearlman* Charles Pechewlys Charles Pharris Grace Philips Marc and Carol Pohl for Ruth Kovnat Wesley Pool Judge John Pope* Kim Posich* Pablo Prando Ruth Pregenzer* Marc Prelo* Roger Prucino Charles Purdy* Mark Pustay Stephen Quinn Stephen Rappoport J. Ray James Read Joanne Reuter and Ross Becker* Michael Richardson* Dennis Ritschel Jacquelyn Robins* Homer Robinson Eduardo Rodriguez Bruce Rogoff Freddie Romero* Professor Leo Romero* Stephen L. Romero Michael Rosenberg* Richard Rosenstock* Owen Rouse K. Stephen Royce* Nia Rucker Judge Merri Rudd Rubin Katz Law Firm* Rugge Rosales & Associates PC* Robert Sabin* Saenz & Torres David Salazar Frank Salazar Betsy Salcedo Jennifer Salisbury John Samore* Amanda Sanchez Ross Sanchez Jose Sandoval* Matthew Sandoval* Pam Schaefer* Christopher Schatzman D. Schmidt Stephen Schmidt* John Schoeppner Andrew Schultz* Professor Rob Schwartz Sally Scott-Mullins* Ronald and Meryl Segel* Shapiro & Bettinger, LLP* Michael Seibel Charles Seibert III

Andrea Seielstad David Serna Lisa Adams Shafer Barbara Shapiro* Patrick Shay Mark Sheridan Kent W. Shreeve Judge Reed Sheppard Rita Siegel* Juan Silva Thomas Simons IV* Kelley Skehen* Carol Skiba* William Slattery* Slease & Martinez Geoffrey Sloan* Forrest Smith Mary Smith* Quentin Smith* William Snead* Donna Jean Snyder Ellen Snyder Mari Sol de Leon D. James Sorenson Christopher Spence* Richard Spinello* Bob St. John* State Bar of New Mexico In Honor of the Retirement of Judge Lynn Pickard Ann Steinmetz Patricia and Lou Stelzner* Melissa Stephenson* Eliza Stewart Teresa Storch*

Michael Stout* Jo Ann Stringfield Arlene Strumor John Sweeney Mark Sweetman Robert Taichert* Nita Taylor* Ronald Taylor* Debra Romero Thal* Corliss Thalley* Gretta Thomas* Krystle Thomas Susan Throckmorton Bruce Throne* Robert Tinnin Jr.* Alan Toledo Tonali Legal Alliance of Women Mary Torres Eric Treisman Lynn Trojahn* John Trujillo* Tucker Law Office Patricia Turner Albert Ussery* Louis & Theresa Valencia Madonna Vandeventer and Tom Stecher Aaron Viets Donald Vigil* Michael W. Vigil* Laurie Vogel Timothy Vollmann* Jana Walker John Walker*

William G. Walker and Laurie Van Heijenoort* In Honor of Timothy Sheehan* Alan Wang AJ Waskey Elaine Watson Keith Weaver Judge James Wechsler* Susan Weckesser* Richard Weiner Lisa Robin Weisenfeld Lawrence Wells Christina West Maija West Patrick Westerfield* Judge Elizabeth Whitefield Karen Wiley Holly Williams Marcia Wilson* Kathleen Winslow* Kathryn Wissel* Carolyn Wolf* Walter Wolf* Frederick M. Woods Kathleen Wright* Jeffrey Yelsky Yenson Lynn Allen & Wosick* Hessel Yntema III* Daniel Yohalem* Jane Yohalem* John Young Judge Briana Zamora and Kyle Naback* Judge Monica Zamora* Susan Zellhoefer Linda Zemke*

Joe Conte Kris Becker* Kate Mulqueen Dorma Seago Chuck Spinello* Richard Spinello* State Bar of New Mexico* Joel Widman*

in Kind supporT

Equal Access to Justice (505) 797-6064 www.eaj-nm.org

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 11

legal education

June

16­17 Article Nine: Secured Transaction Update, Parts l and 2 Teleseminar Center for Legal Education of NMSBF 2.0 G (505) 797-6020 www.nmbarcle.org 16 Attorneys Guide to Good Lawyering for People with Disabilities Albuquerque-Video Replay Center for Legal Education of NMSBF 1.0 P (505) 797-6020 www.nmbarcle.org Avoiding Ooops! Uh-oh! and Yikes! Some Ethical Dilemmas for Lawyers Albuquerque-Video Replay Center for Legal Education of NMSBF 1.0 E (505) 797-6020 www.nmbarcle.org Evidentiary Matters for the Civil Trial Practitioner in State and Federal Courts Albuquerque-Video Replay Center for Legal Education of NMSBF 2.7 G (505) 797-6020 www.nmbarcle.org Healthcare 2009 Current Issues of Concern Albuquerque-Video Replay Center for Legal Education of NMSBF 5.6 G, 1.0 E (505) 797-6020 www.nmbarcle.org 19 16 Important Rules for Fiduciaries and Their Counsel Teleconference Cannon Financial Institute 1.5 G (706) 353-3346 21 16 Lawyer Exposure in Public Offerings Teleconference TRT, Inc. 2.0 E 1-800-672-6253 www.trtcle.com Should Corporate Counsel Be Corporate Conscience? Teleconference TRT, Inc. 2.0 E 1-800-672-6253 www.trtcle.com 23­24 2009 Estate Planning Update, Parts l and 2 Teleseminar Center for Legal Education of NMSBF 2.0 G (505) 797-6020 www.nmbarcle.org 24 Legal Ethics of Representing Unpopular Causes and Clients Teleconference TRT, Inc. 2.0 E 1-800-672-6253 www.trtcle.com Ethics Workout: Mental Aerobics for Solving Ethics Problems Teleconference TRT, Inc. 2.0 E 1-800-672-6253 www.trtcle.com

17

16

18­19 Second Annual New Mexico Legal Service Provider Conference State Bar Center Center for Legal Education of NMSBF 13.4 G, 1.0 E, 1.0 P (505) 797-6020 www.nmbarcle.org 18 Health Care Issues in Estate Planning Live Replay Teleseminar Center for Legal Education of NMSBF 1.0 G (505) 797-6020 www.nmbarcle.org Downsizing Right: Laying Off Employees While Limiting Liability Teleseminar Center for Legal Education of NMSBF 1.0 G (505) 797-6020 www.nmbarcle.org New Mexico Land Rights and Restrictions Santa Fe Halfmoon, LLC 6.0 G (715) 835-5900 BeneficiaryRights:FactorFiction Teleconference Cannon Financial Institute 1.5 G (706) 353-3346

25

16

25­26 Raising Business Capital in a Troubled Market, Parts l and 2 Teleseminar Center for Legal Education of NMSBF 2.0 G (505) 797-6020 www.nmbarcle.org 26 Need to Tame or Train the Billable Beast? Teleconference TRT, Inc. 2.0 E 1-800-672-6253 www.trtcle.com Technical Assistance Seminar Albuquerque US Equal Employment Opportunity Commission 6.0 G (505) 248-5210 Subordinate Lawyers: Sit, Stay, Roll Over No More Telephone Seminar TRT Inc. 1.0 E, 1.0 P 1-800-672-6271 www.trtcle.com

19

16

26

29

G = General

E = Ethics

P = Professionalism VR = Video Replay Programs have various sponsors; contact appropriate sponsor for more information.

12 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

as updated By the clerk of the neW Mexico supreMe court

Kathleen Jo Gibson, Chief Clerk New Mexico Supreme Court PO Box 848 · Santa Fe, NM 87504-0848 · (505) 827-4860

Writs of certiorari

effeCTive June 15, 2009

petitions for Writ of certiorari filed and pending:

Date Petition Filed

NO. 31,755 NO. 31,754 NO. 31,753 NO. 31,752 NO. 31,747 NO. 31,745 NO. 31,748 NO. 31,744 NO. 31,743 NO. 31,742 NO. 31,741 NO. 31,740 NO. 31,739 NO. 31,738 NO. 31,735 NO. 31,733 NO. 31,732 NO. 31,729 NO. 31,728 NO. 31,726 NO. 31,725

NO. 31,727 NO. 31,724 NO. 31,723 NO. 31,722 NO. 31,721 NO. 31,720 NO. 31,719 NO. 31,697 NO. 31,717 NO. 31,716 NO. 31,715 NO. 31,714 NO. 31,711 NO. 31,710 NO. 31,709 NO. 31,708 NO. 31,707 NO. 31,706 NO. 31,705 NO. 31,704 NO. 31,703 NO. 31,695

Montoya v. Jancecka (12-501) Chairez v. Hamilton (COA 27,581/28,201) State v. Martinez (COA 28,963) State v. Courtney (COA 28,300) Thomas v. NM Corrections Department (12-501) State v. Jackson (COA 28,107) State v. Pickett (COA 27,938) State v. Villegas (COA 28,083) State v. Marquez (COA 28,938) State v. Sanchez (COA 28,793) State v. Gardner (COA 27,234) State v. McCorkle (COA 29,124) State v. Marquez (COA 27,971) State v. Marlene C. (COA 28,352) State v. Anthony C. (COA 29,027) State v. Delgado (COA 27,192) State v. Smile (COA 27,338) State v. Thompson (COA 28,358) State v. Torres (COA 28,871) State v. Lee (COA 27,402) Albuquerque Commons v. City/Albq. (COA 24,026/24,027/24,042/24,425) Edmonds v. Martinez (COA 28,029) Albuquerque Commons v. City/Albq. (COA 24,026/24,027/24,042/24,425) Responsefiled6/4/09 State v. Mendez (COA 28,261) State v. Clements (COA 26,953) State v. Sena (COA 24,156) State v. Benally (COA 28,999) State v. Lara (COA 27,166) Cohen v. Pacheco (COA 28,469) State v. Johnson (COA 27,867) State v. Whiting (COA 27,117) Frazier v. Janecka (12-501) Cedrins v. Shrestha (COA 29,242) Rodriguez v. Ortega (COA 28,947) State v. Honnie (COA 28,965) State v. Williams (COA 27,667) State v. Arthur (COA 27,911) State v. Carmona (COA 27,693) State v. Hunt (COA 28,753) Williams v. Farmers Ins. (COA 28,220) Responsefiled5/27/09 State v. LaCouture (COA 27,357) State v. Nez (COA 26,811) State v. Mora (COA 28,844)

6/4/09 6/4/09 6/3/09 6/3/09 6/2/09 6/2/09 6/1/09 6/1/09 6/1/09 6/1/09 6/1/09 6/1/09 6/1/09 6/1/09 5/28/09 5/28/09 5/27/09 5/27/09 5/27/09 5/27/09

NO. 31,688 NO. 31,670 NO. 31,367

State v. Berry Responsefiled6/4/09 Valdez v. Tapia Responsefiled6/8/09 Marquez v. Hatch Responsefiled11/25/08

(COA 28,955) 4/30/09 (12-501) 4/14/09 (12-501) 10/8/08

certiorari granted But not yet suBMitted to the court:

(Parties preparing briefs) Date Writ Issued NO. 30,827 State v. Sims (COA 26,590) 1/22/08 NO. 31,092 State v. Mailman (COA 27,966) 5/30/08 NO. 31,117 State v. Moore (COA 28,243) 6/12/08 NO. 31,101 State v. Montano (COA 28,002) 6/19/08 NO. 31,134 State v. Alderete (COA 28,325) 6/27/08 NO. 31,151 State v. Munoz (COA 26,956) 6/27/08 NO. 31,191 State v. Schwartz (COA 28,349) 7/21/08 NO. 31,218 State v. Henley (COA 27,925) 7/25/08 NO. 31,187 State v. Aragon (COA 26,185) 7/31/08 NO. 31,224 State v. Harrison (COA 27,224) 8/6/08 NO.31,245 Statev.Littlefield (COA27,504) 8/13/08 NO. 31,294 State v. Marquez (COA 27,735) 9/22/08 NO. 31,315 D'Antonio v. Garcia (COA 27,681) 10/1/08 NO. 31,360 State v. Morales (COA 26,969) 11/5/08 NO. 31,359 State v. Gladu (COA 28,684) 11/5/08 NO. 31,363 Hanosh v. King (COA 28,175) 11/17/08 NO. 31,325 Kersey v. Hatch (12-501) 12/18/08 NO. 31,328 Garcia v. State (On rehearing) (12-501) 12/29/08 NO. 31,430 State v. Ochoa (COA 28,175) 12/30/08 NO. 31,287 Waterhouse v. Heredia (12-501) 1/6/09 NO. 31,460 State v. Garley (COA 28,760) 1/16/09 NO. 31,480 City of Aztec v. Gurule (COA 28,705) 2/3/09 NO. 31,491 Ideal v. Burlington Resources Oil & Gas (COA 29,025) 2/3/09 NO. 31,526 State v. Phillips (COA 27,019) 2/23/09 NO. 31,549 City of Santa Fe v. Travelers Casualty (COA 28,944) 2/25/09 NO. 31,433 Romero v. Philip Morris, Inc. (COA 26,993) 2/27/09 NO. 31,539 McGary v. AMS Staff Leasing (COA 28,867) 2/27/09 NO. 31,510 State v. Smith (COA 27,704) 3/13/09 NO. 31,100 Allen v. LeMaster (12-501) 3/13/09 NO. 31,546 Gomez v. Chavarria (COA 28,072/28,073) 3/24/09 NO. 31,567 State v. Guthrie (COA 27,022) 3/24/09 NO. 31,603 Guest v. Allstate Ins. Co. (COA 27,253) 4/2/09 NO. 31,602 Allstate Ins. Co. v. Guest (COA 27,253) 4/2/09 NO. 31,612 Ortiz v. Overland Express (COA 28,135) 4/20/09 NO. 31,656 State v. Rivera (COA 25,798) 5/5/09 NO. 31,637 Akins v. United Steel (COA 27,132) 5/14/09 NO. 31,686 McNeill v. Rice Engineering (COA 29,207) 5/20/09

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 13

5/27/09 5/26/09

5/27/09 5/26/09 5/26/09 5/22/09 5/22/09 5/22/09 5/22/09 5/21/09 5/21/09 5/21/09 5/20/09 5/14/09 5/13/09 5/13/09 5/13/09 5/12/09 5/12/09 5/12/09 5/11/09 5/11/09 5/5/09

Writs of certiorari

certiorari granted and suBMitted to the court:

(Submission = date of oral argument or briefs-only submission)

Submission Date

http://nmsupremecourt.nmcourts.gov.

NO. 31,258 NO. 31,153 NO. 31,279 NO. 31,106 NO. 31,244 NO. 31,374 NO. 31,326 NO. 31,365 NO. 31,215 NO. 30,766 NO. 31,318 NO. 31,364 NO. 31,213 NO. 31,288 NO. 31,265 NO. 31,186 NO. 31,416 NO. 31,308 Marchstadt v. Lockheed (COA 27,222) State v. Wyman (COA 28,237) Lions Gate v. D'Antonio (COA 28,668) State v. Anaya (COA 27,114) State v. Slayton (COA 27,892) Schultz v. Pojoaque Tribal Police Dept. (COA 28,508) State v. Anaya (COA 28,629) State v. Lucero (COA 27,364) State v. Johnson (COA 26,878) State v. Jones (COA 27,342) Dept. of Transportation v. S & S Trezza (COA 28,475) Mountain States v. Allstate Ins. Co. (COA 28,686) State v. Dodson (COA 28,382) State v. Savedra (COA 27,288/27,289/27,290) State v. Hill (COA 27,401) State v. Bullcoming (COA 26,413) Carlsbad Hotel Associates v. Patterson (COA 27,922) State v. Sosa (COA 26,863) 3/11/09 3/25/09 4/13/09 4/15/09 4/29/09 5/11/09 5/11/09 5/13/09 5/27/09 5/27/09 8/10/09 8/10/09 8/11/09 8/11/09 8/31/09 8/31/09 9/14/09 9/15/09

NO. 30,640 NO. 30,897 NO. 30,657 NO, 30,899 NO. 30,755 NO. 30,787 NO. 30,937 NO. 30,953 NO. 30,715 NO. 31,013 NO. 31,010 NO. 31,202 NO. 31,047 NO. 31,234 NO. 31,329 NO. 30,956 NO. 30,957 NO. 30,958 NO. 31,263 NO. 31,300 NO. 31,104 NO. 30,909 NO. 31,174 NO. 31,192

Dewitt v. Rent a Center (COA 27,596) State v. Sewell (COA 26,742) State v. Nick R. (COA 27,145) Bishop v. Evangelical Society (COA 25,510) State v. Glascock (COA 26,337) Cable v. Wells Fargo Bank (On reconsideration) (COA 26,357) State v. Garcia (COA 27,091) State v. Santiago (COA 26,859) State v. Garza (COA 27,731) Truong v. Allstate Insurance Company (COA 26,329) State v. Trossman (COA 26,576) State v. Chavez (COA 26,563) State v. Villalobos (COA 27,262) Chapman v. Varela (COA 27,069/27,164) Kirby v. Guardian Life (COA 27,624) Davis v. Devon (COA 28,147/28,154) Ideal v. BP America (COA 28,148/28,153) Smith v. Conocophillips (COA 28,151/28,152) Garcia v. Gutierrez (COA 26,484) Waters-Haskins v. NM Human Services Dept. (COA 26,891) State v. Julian (COA 26,583) State v. Willie (COA 26,116) State v. Williamson (COA 27,193) Reule Sun Corporation v. Valles (On rehearing) (COA 27,254)

9/24/08 10/29/08 10/29/08 11/12/08 11/26/08 12/15/08 12/16/08 1/12/09 1/12/09 1/13/09 1/14/09 1/30/09 1/30/09 2/9/09 2/9/09 2/9/09 2/9/09 2/9/09 2/10/09 2/10/09 2/11/09 2/11/09 2/11/09 3/9/09

petition for Writ of certiorari denied:

NO. 31,698 State v. Ontiveros (COA 28,966) NO. 31,687 Lewis v. Rio Grande Sun (COA 29,184) NO. 31,672 Gonzales v. Heredia (12-501) 6/2/09 6/9/09 6/9/09

Writ of certiorari Quashed:

NO. 31,065 State v. Rael (COA 26,737) 6/3/09

14 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

opinions

as updated By the clerk of the neW Mexico court of appeals

Gina M. Maestas, Chief Clerk New Mexico Court of Appeals PO Box 2008 · Santa Fé, NM 87504-2008 · (505) 827-4925

effeCTive June 5, 2009 puBlished opinions

Date Opinions Filed

No.27437 9thJudDistCurryCR-05-629,STATEvBRODRIGUES(vacateinpart,affirminpartandremand) No.26593 6thJudDistGrantCR-05-163,STATEvAREYES(affirm) No.27107 12thJudDistOteroCR-05-31,STATEvDBRUSUELAS(affirm) No. 27189 No. 27333 No. 27940 11th Jud Dist San Juan CR-05-174, STATE v A ATCITTY (reverse) 11th Jud Dist San Juan CR-06-720, STATE v N JIM (reverse and remand) 11th Jud Dist San Juan CR-06-754, STATE v M BILLY (reverse) 6/2/2009 6/3/2009 6/4/2009 6/4/2009 6/4/2009 6/4/2009

unpuBlished opinions

No.28410 1stJudDistSantaFeJQ-06-18,CYFDvANGELAE(affirm) No. 28740 6/1/2009 6/2/2009 6/3/2009 6/4/2009 6/4/2009 6/5/2009 6/5/2009 5th Jud Dist Eddy JQ-07-14, CYFD v DANIELLE M (reverse and remand)

No.29258 2ndJudDistBernalillo,JQ-07-120,CYFDvTRINASHAM(affirm) No.26570 2ndJudDistBernalilloCR-04-936,STATEvSBLEA(affirm) No.27715 9thJudDistCurryLR-06-45,STATEvAANDRADE(affirm) No. 28041 No.29274 12thJudDistOteroJR-08-145,STATEvROBERTH(affirm)

4th Jud Dist San Miguel DM-00-346, E MONTOYA v E KAVANAUGH (reverse and remand)

Slip Opinions for Published Opinions may be read on the Court's Web site: http://coa.nmcourts.com/documents/index.htm

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 15

clerk's certificates

froM the neW Mexico supreMe court

Clerk's CertifiCate DateD June 4, 2009 Clerk's CertifiCate of Name, address, aNd/or telephoNe ChaNges

Naomi Julia Barnes Kutak Rock, LLP 822 Agua Fria Street, #B Santa Fe, NM 87501 480-429-5000 480-429-5001 (telecopier) [email protected] Jason A. Bielagus 170 South River Road Bedford, NH 03110 603-668-6446 [email protected] Lisa Joynes Carrillo Dixon, Scholl & Bailey, PA PO Box 26746 707 Broadway, NE, #505 (87102) Albuquerque, NM 87125-6746 505-244-3890 505-244-3889 (telecopier) [email protected] Raul A. Carrillo, Jr. Carrillo Law Firm, PC PO Box 457 1001 E. Lohman (88001) Las Cruces, NM 88004-0457 575-647-3200 575-647-1463 (telecopier) [email protected] Donna L. Chapman formerly known as Donna L. Chapman-Brown Hatch, Allen & Shepherd, PA PO Box 94750 4801 Lang Avenue, NE, #200 (87109) Albuquerque, NM 87199-4750 505-341-0110 505-341-3434 (telecopier) [email protected] Mark Chouinard 7201 Las Vegas Avenue, NE Albuquerque, NM 87110 505-888-2673 [email protected] Nadra Jean Corrales 720 Tramway Lane, NE, #21 Albuquerque, NM 87122 505-298-0908 Craig N. Coulombe State of Connecticut Judicial Branch Superior Court Operations Judge Support Services Legal Research 121 Elm Street, Room 34 New Haven, CT 06510 203-773-6738 203-773-6789 (telecopier) Moulin J. Desai 1111 25th Street, NW, #502 Washington, DC 20037 [email protected] Elizabeth B. Driggers Carrillo Law Firm, PC PO Box 457 1001 E. Lohman (88001) Las Cruces, NM 88004-0457 575-647-3200 575-647-1463 (telecopier) [email protected] Kevin G. Gick PMB #150 2118 Central Avenue, SE Albuquerque, NM 87106 505-843-9193 kgick[email protected] Melissa Hailey WildEarth Guardians 1536 Wynkoop Street, #301 Denver, CO 80202 505-988-9126 Ext. 1159 505-989-8623 (telecopier) [email protected] org Roger Heath PO Box 12 Cedar Crest, NM 87008-0012 505-281-3333 [email protected] John Michael Hughson Holt Babington Mynatt, PC PO Box 2699 1660 Hickory Loop Las Cruces, NM 88004-2699 575-524-8812 575-524-0726 (telecopier) [email protected] Robert W. Ikard Wareing Enterprises, L.L.C. 6017 Pine Ridge Road PMB #367 Naples, FL 34119-3956 239-431-7628 239-431-7628 (telecopier) Nancy F. Jones 1746 E. Edison Street Tucson, AZ 85719 520-322-5272 [email protected] Steven E. Jones Carrillo Law Firm, PC PO Box 457 1001 E. Lohman (88001) Las Cruces, NM 88004-0457 575-647-3200 575-647-1463 (telecopier) [email protected] Scot D. Key Office of the District Attorney 845 N. Motel Blvd., 2nd Floor, #D Las Cruces, NM 88007-8100 575-524-6370 575-524-6379 (telecopier) [email protected] Albert J. Kraai-Moore 3500 Dickerson Street N Arlington, VA 22207 [email protected] Lynne Laier Office of the Attorney General 111 Lomas Blvd., NW, #300 Albuquerque, NM 87102 505-222-9084 505-222-9132 (telecopier) [email protected] Robert Lara PO Box 30561 Albuquerque, NM 87190-0561 505-255-1282 505-242-4865 (telecopier) [email protected] Niva J. Lind Office of the District Attorney PO Box 637 515 W. High Street Grants, NM 87020-0637 505-285-4627 505-285-4629 (telecopier) [email protected] Tonya Kay MacBeth Burch & Cracchiolo, PA PO Box 16682 702 East Osborn Road (85014) Phoenix, AZ 85011-6682 602-234-9926 602-343-7926 (telecopier) [email protected] Charles J. McElhinney PO Box 39 Las Cruces, NM 88004-0039 575-523-4270 575-373-0141 (telecopier) [email protected] Elena Moreno N.M. Developmental Disabilities Planning Council 810 W. San Mateo, #C Santa Fe, NM 87505-4144 505-476-7332 505-476-7322 (telecopier) [email protected] Catherine Shanley Ness 8885 Wild Iris Run Highlands Ranch, CO 80126 303-791-1345 [email protected] Pablo Horacio Padilla, Jr. Padilla Law Firm 801 Marquette Avenue, NW Albuquerque, NM 87102-1933 505-242-3737 505-242-3738 (telecopier) Richard R. Peters c/o Sanaz Zandbiglari 26512 Avenida Veronica Mission Viejo, CA 92691 Dennis L. Richard Wigington Rumley Dunn, LLP 601 Howard Street San Antonio, TX 78212 210-487-7500 210-487-7501 (telecopier) email: [email protected] Matthew Wayne Rowland New Mexico Legal Aid, Inc. 406 North Sixth Street Socorro, NM 87801 575-322-7100 575-835-8935 (telecopier) [email protected]

16 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

clerk's certificates

Debra Ann Seeley Second Judicial District Court PO Box 488 400 Lomas Blvd., NW (87102) Albuquerque, NM 87103-0488 505-841-7543 505-841-5460 (telecopier) [email protected] Bradley R. Sims Carrillo Law Firm, PC PO Box 457 1001 E. Lohman (88001) Las Cruces, NM 88004-0457 575-647-3200 575-647-1463 (telecopier) [email protected] Hilary Chandler Tompkins U.S. Department of the Interior Office of the Solicitor 1849 C Street, NW Washington, DC 20240 202-208-3111 202-208-5584 (telecopier) [email protected] Michele Ungvarsky Estrada Law, PC 1990 E. Lohman Avenue Las Cruces, NM 88001 575-993-4813 575-897-6409 (telecopier) [email protected] Michael C. Williams U.S. Department of the Interior Office of the Solicitor PO Box 1042 Santa Fe, NM 87504-1042 505-988-6720 505-988-6217 (telecopier) [email protected] Karen Elaine Wootton Carrillo Law Firm, PC PO Box 457 1001 E. Lohman (88001) Las Cruces, NM 88004-0457 575-647-3200 575-647-1463 (telecopier) [email protected] Hon. Gregory Blake Wormuth U.S. Magistrate Court Las Cruces Division 200 E. Griggs Avenue Las Cruces, NM 88001-3516 575-528-1460 575-528-1465 (telecopier) [email protected] fed.us Robin L. Zabel 112 La Loma Street Taos, NM 87571 505-699-8909 [email protected]

iN memoriam

As of May 21, 2009: Lynn Carrillo Cruz 435 Gavilan Place, NW Albuquerque, NM 87107 As of May 29, 2009: Thomas L. Marek PO Drawer AA Carlsbad, NM 88221-7520

On May 28, 2009: Loni J. Hodge Office of the Public Defender 506 S. Main Street, #700 Las Cruces, NM 88001 575-524-6200 575-524-6209 (telecopier)

Clerk's CertifiCate of ChaNge to iNaCtive status

Effective May 26, 2009: Angelica B. Carreon Law Office of Angelica B. Carreon, PC 1709 Montana Ave. El Paso, TX 79902-5734 Effective May 21, 2009: Camille R. Romero PO Box 22865 Santa Fe, NM 87502-2865

Clerk's CertifiCate of admissioN

On June 4, 2009: Jacqueline E. Davis Holland & Hart, LLP PO Box 2208 110 N. Guadalupe Street, #101 (87501) Santa Fe, NM 87504-2208 505-988-4421 866-454-8423 (telecopier) [email protected] On May 28, 2009: Kevin A. Graham 5032 Night Hawk Drive, NE Rio Rancho, NM 87144 505-771-0800 On June 1, 2009: Mandi L. Hill Sonosky, Chambers, Sachse, Mielke & Brownell, LLP 500 Marquette Ave., NW, #1310 Albuquerque, NM 87102 505-247-0147 505-843-6912 (telecopier) [email protected]

Clerk's CertifiCate of reiNstatemeNt to iNaCtive status

As of June 1, 2009: Nicholas J. Black PO Box 1395 Moriarty, NM 87035-1395 Effective May 6, 2009: Madeline Ellen Melka PO Box 1523 Hope, NM 88250-1523 575-746-5654 575-748-8171 (telecopier) [email protected]

Clerk's CertifiCate of reiNstatemeNt to aCtive status

As of June 1, 2009: Erin Elizabeth Schaden 4301 The 25 Way, NE Albuquerque, NM 87109 As of June 8, 2009: John R. Taylor 910 Fifth Street, NW Albuquerque, NM 87102

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 17

recent rule-Making activity

as updated By the clerk of the neW Mexico supreMe court

Kathleen Jo Gibson, Chief Clerk New Mexico Supreme Court PO Box 848 · Santa Fe, NM 87504-0848 · (505) 827-4860

effeCTive June 8, 2009

· To view pending proposed rule changes visit the New Mexico Supreme Court's Web site: http://nmsupremecourt.nmcourts.gov/ · To view recently approved rule changes, visit the New Mexico Compilation Commission's Web site: http://www.nmcompcomm.us/

peNdiNg proposed rule ChaNges:

22-202 [Certification]Licensingoffirms engaged in court reporting or tape monitoring. (Rules Governing the Recording of Judicial Proceedings) 1-045 Subpoena (Rules of Civil Procedure for the District Courts) 1-045.1 Interstate subpoenas (Rules of Civil Procedure for the District Courts) 12-502 Certiorari to the Court of Appeals (Rules of Appellate Procedure) 1-096.1 Review of election recall petitions (Rules of Civil Procedure) 12-202 Appeals as of right; how taken. (Rules of Appellate Procedure) 12-308 Computation of time. (Rules of Appellate Procedure) 12-505 Certiorari to the district court; decisions on review of administrative agency decisions. (Rules of Appellate Procedure) 12-603 Appeals in actions challenging candidates or nominating petitions; primary or general elections; school board recalls and recallsofelectedcountyofficials. (Rules of Appellate Procedure) 10-343 Adjudicatory hearing; time limits; continuances (Children's Court Rules) 17-204 Required records. (Rules Governing Discipline) 14-5120 Ignorance or mistake of fact. (UJI Criminal) 14-5181 Self defense; nondeadly force by defendant. (UJI Criminal) 14-5183 Self defense; deadly force by defendant. (UJI Criminal) 14-5185 Self defense against excessive force by a peaceofficer;nondeadlyforcebydefendant. (UJI Criminal) 14-5186 Self defense against excessive force by a peaceofficer;deadlyforcebydefendant. (UJI Criminal) 14-6018 Special verdict; kidnapping. (UJI Criminal) 16-104 Communication. (Rules of Professional Conduct)

Comment Deadline

reCeNtly approved rule ChaNges siNCe release of 2009 Nmra rules of civil procedure for the district courts

06/08/09

Effective Date

1-016 1-026 1-033 1-034 1-037 1-038 1-045 1-071.1 1-071.2 1-071.3 1-071.4 1-071.5

06/01/09

06/01/09 05/04/09 04/27/09 04/27/09 04/27/09 04/27/09

04/27/09 04/17/09 04/13/09 04/06/09 04/06/09 04/06/09 04/06/09 04/06/09 04/06/09 03/23/04

1-074 1-075 1-088 1-125

Pretrial conferences; scheduling; management. General provisions governing discovery. Interrogatories to parties. Production of documents and things and entry upon land for inspection and other purposes. Failure to make discovery; sanctions. Jury trial in civil actions. Subpoena. Statutory stream system adjudication suits; service and joinder of water rights claimants; responses. Statutory stream adjudication suits; stream system issues and expedited inter se proceedings. Statutory stream adjudication suits; annual joint working session. Statutory stream adjudication suits; ex parte contacts; general problems of administration. Statutory stream adjudication suits; excusal or recusal of a water judge. Administrative appeals; statutory review by district court of administrative decisions or orders. Constitutional review by district court of administrative decisions and orders. Designation by judge. Domestic Relations Mediation Act programs.

05/15/09 05/15/09 05/15/09 05/15/09 05/15/09 12/15/08 05/15/09 04/08/09 04/08/09 04/08/09 04/08/09 04/08/09 12/15/08 12/15/08 04/08/09 05/18/09

rules of civil procedure for the Magistrate courts

2-802 Garnishment. 12/31/08

civil forMs

4-803 Claim of exemptions on execution. 4-805B Application for writ of garnishment. 05/06/09 12/31/08

18 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

rule-Making activity

rules of criMinal procedure for the district courts

5-104 5-121 5-207 5-604 5-614 5-704 5-801 5-802 Time. Orders; preparation and entry. Withdrawn. Time of commencement of trial. Motion for new trial. Death penalty; sentencing. Modificationofsentence. Habeas corpus. 05/06/09 05/06/09 04/06/09 11/24/08 05/06/09 05/06/09 05/06/09 05/06/09

http://nmsupremecourt.nmcourts.gov.

rules of appellate procedure

12-302 Appearance, withdrawal or substitution of attorneys. 12-305 Form of papers prepared by parties. 12-404 Rehearings. 12-501 Certiorari to the district court from denial of habeas corpus. 12-607 Certificationfromothercourts. 05/06/09 05/25/09 05/06/09 05/06/09 04/08/09

uJi civil

13-110A 13-110B 13-1406 13-1430 13-305 13-306 13-820 Instruction to jury. Oath to interpreter. Strict products liability; care not an issue. Breach of implied warranty of merchantability. Causation (proximate cause). Independent intervening cause. Third-partybeneficiary; enforcement of contract. 12/31/08 12/31/08 05/15/09 02/02/09 02/02/09 02/02/09 12/31/08

rules of criMinal procedure for the Magistrate courts

6-108 Non-attorney prosecutions. 6-110A Audio and audio-visual appearances of defendant. 6-113 Victim's rights. 6-201 Commencement of action. 6-401 Bail. 6-403 Revocation of release. 6-502 Plea and plea agreements. 6-506 Time of commencement of trial. 6-703 Appeal. 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 01/15/09 01/15/09

uJi criMinal

14-111 Supplemental jury questionnaire. 14-120 Voir dire of jurors by court. 14-203 Act greatly dangerous to life; essential elements. 14-2212Aggravatedbatteryonapeaceofficer with a deadly weapon; essential elements. 14-2217Aggravatedfleeingalawenforcementofficer. 02/02/09 02/02/09 02/02/09 02/02/09 02/02/09

rules of criMinal procedure for the Metropolitan courts

7-106 7-401 7-506 7-602 7-703 Excusal; recusal; disability. Bail. Time of commencement of trial. Jury trial. Appeal. 01/15/09 02/02/09 01/15/09 01/15/09 01/15/09

rules governing adMission to the Bar

15-301.2 Legal services provider limited law license for emeritus and non-admitted attorneys. 01/14/09

rules of procedure for the Municipal courts

8-103 Rules; forms; fees. 8-109A Audio and audio-visual appearances of defendant. 8-111 Non-attorney prosecutions. 8-201 Commencement of action. 8-401 Bail. 8-403 Revocation of Release. 8-501 Arraignment;firstappearance. 8-502 Pleas. 8-506 Time of commencement of trial. 8-703 Appeal. 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 12/31/08 01/15/09 01/15/09

rules for MiniMuM continuing legal education

18-203 Accreditation; course approval; provider reporting. 12/31/08

code of Judicial conduct

21-300 judgeshallperformthedutiesofoffice A impartially and diligently. 03/23/09

rules governing the recording of Judicial proceedings

22-201 Licensing of court reporters and monitors; power to administer oaths. 12/31/08

criMinal forMs

9-406A 9-408A 9-604 9-701 Guilty plea or no contest plea proceeding. Plea and disposition agreement. Judgment and Sentence. Petition for writ of habeas corpus. 12/31/08 12/31/08 05/06/09 05/06/09

local rules for the second Judicial district court

Opposed motions and other opposed matters;filings;hearings. 06/01/09 LR2-504 Court clinic mediation program and other services for child-related disputes. 05/18/09 LR2-Form T Court clinic referral order. 05/18/09 LR2-123

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 19

CLE AT·A·GLANCE

MONTHLY GUIDE TO LEGAL EDUCATION PROGRAMS

Summer 2009

Buffalo Thunder Resort in Santa Fe July 9-12, 2009

· Bestselling ABA author Edna Epstein, The Attorney-Client Privilege and the Work-Product Doctrine · ABA author and law practice management consultant Gerald A. Riskin, The Successful Lawyer: Powerful Strategies for Transforming Your Practice · Women Lawyers Club by award-winning Periaktos Productions for ethics and professionalism credit. Verdi's La traviata at the Santa Fe Opera featuring internationally renowned soprano Natalie Dessay

Center for Legal Education

www.nmbarcle.org · 505.797.6020

20th AnnuAl AppellAte prActice institute

Friday, september 11, 2009 state Bar center, Albuquerque 6.9 General cle credits

Standard Fee $219 Employment and Appellate Practice Section Member, Government, Legal Services Attorney, Paralegal $189 Co-Sponsors: Appellate Practice Section 8:00 a.m. 8:15 a.m. Registration introductory remarks Jocelyn Drennan, Esq., Rodey, Dickason, Sloan, Akin & Robb, P.A., Chair, Appellate Practice Section 8:30 a.m. recent Developments in Appellate practice Sue A. Herrmann, Esq., Office of the State Engineer Edward Ricco, Esq., Rodey Dickason, Sloan, Akin & Robb, P.A. 9:10 a.m. taking Your Appellate pleadings to the next level: ·PetitionsforWritofCertiorari Andrew S. Montgomery, Esq., New Mexico Attorney General's Office ·DocketingStatements Bruce Rogoff, Esq., New Mexico Court of Appeals ·PrincipalBriefs&ReplyBriefs Steven L. Tucker, Esq., Tucker Law Firm, P.C. 10:30 a.m. Break 10:45 a.m. Making an intelligible, complete, and HelpfulRecordforAppeal Kerry Kiernan, Esq., Sutin, Thayer & Browne, P.C. Shannon Bacon, Esq., Sutin, Thayer & Browne, P.C. 11:45 a.m. Lunch (provided at the State Bar Center) Annual Appellate Practice Section Meeting 1:00 p.m. InsightsfromtheAppellateCourts:Tips,Traps, and teamwork Joey D. Moya, New Mexico Supreme Court Chief Counsel Gina M. Maestas, New Mexico Court of Appeals Chief Clerk 1:40 p.m. the Appellate lawyer's toolkit Hon. Timothy M. Tymkovich, Tenth Circuit Court of Appeals 2:40 p.m. Break 3:00 p.m. Amicus practice in new Mexico: lessons learned on When,WhatandHow Michael Browde, Esq., Professor Emeritus of Law, UNM School of Law 4:00 p.m. PerspectivesonMovingfromtheTrialBenchtothe CourtofAppeals Hon. Timothy Garcia, New Mexico Court of Appeals Hon. Robert E. Robles, New Mexico Court of Appeals Hon. Linda M. Vanzi, New Mexico Court of Appeals 5:00 p.m. Adjourn

stAte BAr ViDeO replAYs - state Bar center, Albuquerque

July 7th

employment law: TheBasics&NewDevelopments 6.1 General CLE Credits 9:00 a.m. ­ 3:30 p.m. $199 Attorneys Guide to Good LawyeringforPeoplewith Disabilities 1.0 Professionalism CLE Credit 9:00 a.m. ­ 10:00 a.m. $49 Avoiding Ooops! Uh-oh!&Yikes!SomeEthical DilemmasforLawyers 1.0 Ethics CLE Credit 10:30 a.m. ­ 11:30 a.m. $49 the 6th Annual elder law seminar 2.9 General and 1.0 Professionalism CLE Credits 12:30 p.m. ­ 4:30 p.m. $149

July 21st

Multicultural challenges in new Mexico 4.5 General CLE Credits 8:00 a.m. ­ 12:30 p.m. $159 renewable energy Development in new Mexico 5.0 General, 1.0 Ethics and 1.0 Professionalism CLE Credits 9:00 a.m. ­ 4:30 p.m. $219 Attorneys Guide to Good LawyeringforPeoplewith Disabilities 1.0 Professionalism CLE Credit 1:00 p.m. ­ 2:00 p.m. $49

August 4th

trust Accounting: it's not an Oxymoron 1.5 Ethics and 1.0 Professionalism CLE Credits 9:00 a.m. ­ 11:30 a.m. $99 Attorneys Guide to Good LawyeringforPeoplewith Disabilities 1.0 Professionalism CLE Credit 11:00 a.m. ­ Noon. $49 Medicare set Asides in personal injury cases 2.7 General CLE Credits 1:00 p.m. ­ 3:45 p.m. $109 IWasfromVenusandMy LawyersWerefromMars 2.0 Ethics and 1.0 Professionalism CLE Credits 1:00 p.m. ­ 4:00 p.m. $129

August 18th

What'sNext? HowtoRefresh,Refocus& recharge Your legal career 3.0 General CLE Credits 9:00 a.m. ­ Noon $129 2008 civil procedures update 6.7 General CLE Credits 9:00 a.m. ­ 4:15 p.m. $219 Attorneys Guide to Good LawyeringforPeoplewith Disabilities 1.0 Professionalism CLE Credit 1:00 p.m. ­ 2:00 p.m. $49

CLE AT-A-GLANCE - 2

nAtiOnAl series

Must register for teleseminars online at www.nmbarcle.org

NATIONALTELESEMINARS·11a.m.MDT

JulY

2

One of the greatest sources of litigation in employment law is whether employees are entitled to overtime pay. This program will review case law developments in this area concerning proper worker classification as "exempt" or "non-exempt," recent enforcement activity by the Department of Labor, and best practices in avoiding employer liability. 1.0 General CLE Credit $67

28 Overtime:WageandHourUpdate

Not uncommonly a client's closest emotional attachment is to a pet, for whose welfare the client wants to provide. This raises a host of issues, including whether it is permissible to establish a trust for non-humans and if so, how is the trust or other arrangement to be administered. These and many other questions will be addressed in this program which will provide you a practical guide to estate planning for pets. 1.0 General CLE Credit $67

EstatePlanningforPets

AuGust

4-5

Licenses have become bedrock agreements of not only intellectual property practice but also of traditional business transactional practice. This program will provide the non-intellectual property specialists with a practical guide to negotiating and drafting IP licenses. Among topics, the program review of intellectual property and commercial law governing licenses, How licenses differ from conventional business agreements and key provisions of technology licenses, with emphasis on software. 2.0 General CLE Credits $129

7

This program will examine the tax and non-tax consequencs of admitting new partners to a partnership/LLC. Among other topics, the program will cover will tax impact on the entity itself, as well as the new and remaining partners. 1.0 General CLE Credit $67

Admitting new partnership Members: tax and non-tax considerations

WhatBusinessLawyersNeedtoKnowAboutLicensing, Parts1&2

9

This program will examine the creation and administration of a trust for a client with special needs. Among other topics, the program will discuss funding options for the care of the client, the interrelationship of personal assets and supplemental income from the government, and establishing objective administrative standards. 1.0 General CLE Credit $67

ClientIncapacity&SpecialNeedsTrusts

11

14

The first of two parts focusing on commercial leases, this program will cover negotiating and drafting commercial office space leases. Among other topics, the program will discuss identifying key financial/economic/cost issues, tenant work letter concerns and liability issues. 1.0 General CLE Credit $67

Negotiating&DraftingOfficeLeases

When planning for the death of a husband and wife, or other couple, what happens when the second person dies? This program will guide you through the decision-points and planning process for planning for the death of the second party, including techniques for lifetime giving during the life of the second party. 1.0 General CLE Credit $67

"second Death" issues in estate planning

18

15

The second of two parts focusing on commercial leases, this program will cover negotiating and drafting commercial retail leases. Among other topics, the program will discuss retail operating covenants and "go dark" rights, usage restrictions, and assignment rights. 1.0 General CLE Credit $67

Negotiating&DraftingRetailLeases

This program will review recent statutory and regulatory developments in this area, enforcement activity and best practices for corporate governance for nonprofits. Among other topics, the program will discuss director liability, trends in compensation, and other reporting requirements. 1.0 General CLE Credit $67

CorporateGovernanceforNon-profits

25

21

There is a natural tension between beneficiaires and trustees. Among other areas of potential disagreement, beneficiaries often seek greater distributions and may question the investment decisions of trustees. This program will review areas of common dispute and practical techniques for avoiding or settling the disputes short of litigation. 1.0 General CLE Credit $67

Trustees&Beneficiaries: Managing tensions and conflict

The first of two programs on trustee duties, this program will provide you a guide to the non-investment related responsibilities of a trustee duties, including disclosure, conflicts and reporting. 1.0 General CLE Credit $67

Advising trustees: Duties, Disclosures, and liability

26

The first of two programs on trustee duties, this program will provide you a guide to the non-investment related responsibilities of a trustee duties, including disclosure, conflicts and reporting. 1.0 General CLE Credit $67

the prudent investor rule: UnderstandingtheRulesofTrustInvestments

CLE AT-A-GLANCE - 3

cle reGistrAtiOn FOrM

Formoreinformationaboutourprogramsvisitwww.nmbarcle.org

FOUR WAYS TO REGISTER: internet: www.nmbarcle.org FAX: (505) 797-6071, Open 24 hours phOne: (505) 797-6020, Monday - Friday, 9 a.m. - 4 p.m. (Please have credit card information ready) MAil: CLE, PO Box 92860, Albuquerque, NM 87199 Name _______________________________________________NM Bar # __________________________ Street _________________________________________________________________________________ City/State/Zip ___________________________________________________________________________ Phone ________________________________________ Fax _____________________________________ E-mail _________________________________________________________________________________ Program Title __________________________________________________________________________ Program Date __________________________________________________________________________ Program Location ______________________________________________________________________ Program Cost __________________________________________________________________________ r Purchase Order (Must be attached to be registered) r Check enclosed $ ____________ Make check payable to: CLE r VISA r MC r American Express r Discover Credit Card # ___________________________________________________________________________ Exp. Date ______________________________________________________ CVV#___________________ Authorized Signature ____________________________________________________________________

reGister eArlY! Advance registration is recommended as it guarantees admittance and course materials. If space and materials are available, paid registrations will be accepted at the door. CANCELLATIONS&REFUNDS:If you find that you must cancel your registration, send a written notice of cancellation via fax by 5 p.m., one week prior to the program of interest. A refund, less a $50 processing charge will be issued. Registrants who fail to notify CLE by the date and time indicated will receive a set of course materials via mail following the program. Mcle creDit inFOrMAtiOn: Courses have been approved by the New Mexico MCLE Board. CLE of SBNM will provide attorneys with necessary forms to file for MCLE credit in other states. A separate MCLE filing fee may be required. ATTENTIONPERSONSWITHDISABILITIES:Our meetings are held at facilities which are fully accessible to persons with mobility disabilities. If you plan to attend our program and will need an auxiliary aid or service, please contact the CLE of SBNM office one week prior to the program. prOGrAM cAncellAtiOn: Pre-registration is recommended. Program will be cancelled one week prior to scheduled date if attendance is insufficient. Pre-registrants will be notified by phone and full refunds given. tApe recOrDinG OF prOGrAMs is nOt perMitteD. cle AuDit pOlicY: Members of the State Bar of New Mexico (to include attorneys and paralegals) and other legal staff (legal staff being defined as legal assistants and staff of members of the State Bar of New Mexico) may audit State Bar CLE courses at a cost of $10, space permitting. Course materials, breaks and/or lunch, if applicable, may be purchased at an additional cost of $29. Auditors should contact the CLE office in advance and notify staff of their intent to audit. "Walk-in" auditors will also be permitted on a space available basis. Auditors will not receive CLE credits for the audit fee. If an auditor chooses to receive CLE credit for attending the course, the request and payment must be made to CLE staff on the day of the program. Attendees who request CLE credit prior to the program will not be allowed to change to audit. No exceptions will apply. This policy applies to live seminars only and excludes special events. schOlArships: Please note, scholarships are available on an `as needed' basis for up to 10% of any given seminar. The amount of the scholarship is equivalent to a 50% reduction of the standard fee for each seminar. To qualify, recipients are required to sign a financial assistance form available from the CLE department. For further information, please call (505) 797-6020.

4 - CLE AT-A-GLANCE NOTE: Programs subject to change without notice.

rules/orders

NO. 09-8300-017

From the New Mexico Supreme Court

http://www.nmcompcomm.us/

IN THE MATTER OF THE APPROVAL OF LOCAL RULE LR2-123 FOR THE SECOND JUDICIAL DISTRICT COURT ORDER

WHEREAS, this matter came on for consideration by the Court upon the request of the Chief Judge of the Second Judicial District Court to amend Local Rule LR2-123 and upon recommendation of the Rules of Civil Procedure Committee, and the Court having consideredsaidrecommendationandbeingsufficientlyadvised, Chief Justice Edward L. Chávez, Justice Patricio M. Serna, Justice Petra Jimenez Maes, Justice Richard C. Bosson, and Justice Charles W. Daniels concurring; NOW, THEREFORE, IT IS ORDERED that the amendments of LR2-123 for the Second Judicial District Court hereby are APPROVED; IT IS FURTHER ORDERED that the amendments of LR2-123 for the Second Judicial District Court shall be effective June 1, 2009; IT IS FURTHER ORDERED that the Clerk of the Court hereby is authorized and directed to give notice of the amendments of LR2-123 by publishing the same on the Judiciary's web site (www. nmcourts.gov) in the Bar Bulletin and the NMRA. IT IS SO ORDERED. ` WITNESS, Honorable Edward L. Chávez, Chief Justice of the Supreme Court of the State of New Mexico, and the seal of said Court this 16th day of April, 2009. _________________________________________ Kathleen Jo Gibson, Chief Clerk of the Supreme Court of the State of New Mexico ____________________________ LR2-123. Opposed motions and other opposed matters; filing;hearings. A. Presentmentforfiling.Asaconditionoffiling,allopposed motions, objections and other opposed matters requiring a hearing (hereinafter "motions") shall be presented to the clerk with the following: (1) A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; (2) An original request for hearing in the form set forth in LR2-Form G, along with a copy of the request for the assigned judge; (3) An original notice of hearing in the form set forth in LR2-FormHandsufficientcopiesforallpartiesentitledtonotice; and, (4) Stamped, addressed, plain (without return address) envelopes for all parties entitled to notice. B. Service of request. The movant shall serve copies of the request for hearing on all parties entitled to notice. C. Filing; forwarding to judge.Theclerkwillfilethemotion and request for hearing, and endorse a copy of each for the assigned judge. The clerk shall forward the endorsed copies, the

original notice of hearing and copies, and the envelopes, to the assigned judge. D. Package procedure. At the time the notice of completion ofbriefingisfiledincivilcourtasrequiredbyParagraphHof Rule 1-007.1 NMRA, the movant shall submit to the assigned judge endorsed copies of the motion, response and any reply. The submission of the package alerts the court that the motion is ripe for decision. E. Notice of hearing. At the time the package required by Paragraph D of this rule is submitted to the assigned judge, either thejudgewillmakeadecisionbasedonthepapersfiledor,the assignedjudge'sstaffwillcompleteandfilethenoticeofhearing, and mail or deliver copies to all parties entitled to notice, adding to the envelopes the court address as the return address, or the judge may direct the movant to complete this process. F. General exceptions.Theclerkalsoshallfileopposedmotions presented without a request for hearing, notice of hearing or stamped, addressed envelopes, in the following circumstances: (1) Prior to presentment to the clerk, the movant has delivered a copy of the motion and the request, the original and copies of the notice of hearing, and envelopes, to the assigned judge's office,andreceiptisindicatedontheoriginalmotionbyinitials of the judge's staff. (2) Themotionhasbeenapprovedforfilingbytheassigned judge's staff in circumstances other than those set forth in Subparagraph (1) of this paragraph; (3) The motion is presented with a signed order disposing of the matter; or, (4) The motion is presented with a proposed order in which the date and time of the hearing will be entered, such as an order to show cause or temporary restraining order, (5) Notwithstanding the application of these exceptions, movant is nevertheless required to comply with the package procedure set forth in Paragraph D of this rule. G. Exceptionformotionsrequiringfifteenminutesorless in criminal, delinquency and need-of-supervision cases. All motions in criminal, delinquency and need-of-supervision cases, requiringfifteenminutesorlessforhearing,shallbepresented onlywithsufficientcopiesofthemotionforallpartiesentitledto notice.Theclerk,atthetimeoffiling,willstampahearingdate and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice. With criminal cases, motions for MondayhearingsmustbefiledbytheprecedingMonday;motions forFridayhearingsmustbefiledbytheprecedingFriday.Any motionsfiledafterthesedeadlineswillbescheduledonthenext regular calendar, unless otherwise ordered by the court. H. Required attachments. With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion.Withmotionsfiledindomesticrelationscases,aRule 1-099NMRA,certificateshallbeattachedasrequiredbySecond Judicial District Local Rules, Rule LR2-132. I. Requests alone.Arequestforhearingmaybefiledwithout a motion provided the request is presented with a notice of hearing, copies and envelopes. A copy of the request shall be served on all parties entitled to notice. [As amended by Supreme Court Order No. 09-8300-017, effectiveJune1,2009.]

20 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

For the New Mexico Supreme Court and New Mexico Court of Appeals opinions, visit http://www.nmcompcomm.us/

Insurance and Financial Services

Susan Jessup, CLU, ChFC Financial Planner The Prudential Insurance Company of America CA State Insurance Agent License # 0C06490 8101 San Pedro NE Suite J, Albuquerque, NM 87113 Office 505-797-2509 ext.106 - Cell Phone 505-379-1593 www.prudential.com/us/s.jessup [email protected]

Insurance issued by The Prudential Insurance Company of America, Newark, NJ. Financial planning and investment advisory services offered through Prudential Financial Planning Services, a division of Pruco Securities, LLC. IFS-A113795 Ed. 5/08 Bar Bulletin - June 15, 2009 - Volume 48, No. 24 33

New Mexico Board of Legal Specialization

An Agency of the New Mexico Supreme Court

Offering certifications in the following practice areas:

· AppellatePractice · BankruptcyPractice · Employment&LaborLaw · EnvironmentalLaw · EstatePlanning,Trusts&Probate · FamilyLaw · FederalIndianLaw · LocalGovernmentLaw · NaturalResourcesLaw · RealEstateLaw · TaxationLaw · CivilTrialPractice · CriminalTrialPractice · Worker'sCompensation

"Providing exceptional estate planning services for exceptional clients" SM

Vickie R. Wilcox, P.C.

Vickie r. Wilcox is pleased to announce the opening of her law firm

· Tax Law · Estate Planning · Probate and Trust Administration · Charitable Giving · Guardianships and Conservatorships · Business Planning

Vickie Wilcox has an "AV" rating in the Martindale-Hubbell National Lawyers Directory and has been elected to the Best Lawyers in America in the areas of Tax Law and Trusts and Estates.

901 Rio Grande Boulevard N.W., Suite H-164 Albuquerque, New Mexico 87104 Phone: 505.554.1115 | Fax: 505.554.1121 [email protected]

[email protected] www.nmlegalspecialization.org

(505) 821-1890

34 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

CAN YOU HELP?

Home foreclosures in New Mexico are increasing. Homeowners who can't pay their mortgages probably can't afford to pay an attorney. Can you help by offering pro bono representation for homeowners in foreclosure? The United South Broadway Corporation offers free help to homeowners statewide through HUD-approved housing counselors based in Albuquerque. They have also agreed to be the statewide screener and referral resource to connect homeowners who don't meet their income criteria with lawyers who will help them at no charge. Call them at 1- 866-227-5114 to add your name to their referral list. Would you like to help, but don't have the training or experience? A 7.5 hour CLE, Mortgage Foreclosure in New Mexico, which was offered on May 12, was recorded, and free DVDs (courtesy of the New Mexico Trial Lawyers Association) are available to prepare you for this important work. Mentoring is also available. The CLE provided a practical training in mortgage lending, foreclosure procedures, loss mitigation, settlement and workout options, litigation, consumer credit, ethical issues, taxation concerns, bankruptcy, and information about programs to assist homeowners.

For More InForMatIon, Call 248-0370.

The CLE and the Pro Bono Foreclosure Representation Project are developed and supported by an ad hoc coalition of groups concerned about the growing number of home foreclosures in New Mexico, including the United South Broadway Corporation-Fair Lending Center, Consumer Credit Counseling Services/Money Management International, the New Mexico Attorney General's Office, the New Mexico Trial Lawyers Association, the New Mexico Defense Lawyers Association, the State Bar of New Mexico, and Law Access New Mexico.

HOLT BABINGTON MYNATT P.C.

ATTORNEYS AT LAW

Caren I. Friedman APPELLATE SPECIALIST ________________

505/466-6418 [email protected]

is proud to announce that

Jane E. Abrams

And have joined the Firm as Associates. Ms. Abrams is a graduate of Tulane University School of Law Mr. Hughson is a graduate of The University of Miami School of Law 1660 Hickory Loop Las Cruces, New Mexico 88005 575-524-8812 www.hbm-law.com

John Michael Hughson

Steven L. Tucker

Appeals Specialist

www.stevetucker.net [email protected] (505) 982-3467

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 35

UNM SCHOOL OF LAW

Summer Offering ­ 40 Hour

BASIC MEDIATION TRAINING

This training is designed to develop competency in the mediation process. Students will be exposed to negotiation theory and will practice mediation skills.

TRAINER:

John Feldman

Cost $895.00 Professionalism and Ethics Credits (2 hours each) RECEIVE 30 MCLE Credits (additional credits available)

July 17-19 & July 24-26, 2009

FRIDAY 1:30 pm ­ 6:30pm 8:30 am ­ 6:30pm 8:30 am ­ 3:30 pm

You Must Attend Both All Classes Held at UNM Law 1117 Stanford

Weekends

SATURDAY

School

SUNDAY

Drive NE

Visit http://lawschool.unm.edu/mediation/ for more information

Make Check Payable To UNM School of Law and Return To: Mediation Program Coordinator, UNM School of Law, MSC11 6070, 1 University of New Mexico, Albuquerque, NM 87131-0001

We buy judgment liens.

Becca Grant 505-286-8599 [email protected]

Convert your liens into immediate cash. Quick. Reliable. Professional.

THE LAW OFFICES OF MICKEY BEISMAN

Public Projects, Commercial Construction 2201 San Pedro N.E., Bldg. 2, Ste. 211 Albuquerque, NM 87110 F (505) 888-7907 (505) 888-7978 [email protected] www.mickeylawyer.com

36 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

CONSTRUCTION LAW

Gerald S. Fredman, M.D.

Board Certified Forensic Psychiatrist ­ 32 years experience · Expert Consultations, reports and testimony · Civil Matters including mental anguish, competency of elderly, undue influence, psychiatric malpractice and other psychiatric issues · Criminal Matters including diminished capacity, diminished responsibility, various competencies and other psychiatric issues · Treatment of accident victims for depression, anxiety, PTSD, traumatic brain injury and fear of driving 7113 Prospect Place NE, Albuquerque, NM 87110 505.837.9696 · Email: [email protected]

David Stotts

Attorney at Law

Business Litigation Real Estate Litigation

242-1933

Gary Don Reagan Reagan & SÁnchez, P.A.

1819 N. Turner St., Suite G Hobbs, NM 88240-3834 575-397-6551 Fax: 575-393-2252 [email protected]

Davis & Gilchrist, P.C.

117 Bryn Mawr SE, Albuquerque, New Mexico 87106 tel: 505.435.9908 · fax: 505.435.9909 [email protected]

Bryan Davis and Dooley Gilchrist are happy to announce the opening of Davis & Gilchrist, P.C. Rocking employment, healthcare, civil rights, qui tam, personal injury, and business litigation since May 18, 2009! PLEASE CALL TODAY!

Mediation Statewide

liability and workers' compensation defense announces the expansion of her practice. She will now offer mediation and consultation services in cases involving workers' compensation, workers' compensation reimbursement and other complex litigation. Board Recognized Specialist in Workers' Compensation. Multiple Civil Jury Trials. E-mail: [email protected] | Phone: 505-244-0547

Kelly A. Genova, with 20 years experience in

R. LAR THOMAS

B.S. Animal Science/International Agriculture J.D. with over 17 years experience Certified Equine and Livestock Appraiser

505-450-7673

Consultant/Expert Witness for equine and livestock matters. Dissolution, liquidation and liability cases considered.

Mediation

WILLIAM LAZAR

Appellate Practice

505-988-7100 [email protected]

LINDA S. BLOOM P.A. BANKRUPTCY LAW

505.764.9600 · [email protected]

Criminal Appeals, Motions, Memos A Wr iter for the Def ense

WALTER M. DREW

Construction Defects Expert 35 years experience 505-982-9797 [email protected]

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 37

Todd Hotchkiss

Frechette & Associates, P.C. Toll Free 1-877-247-8558

Visit the State Bar of New Mexico's web site

www.nmbar.org

Assistant County Attorney

Classified

posiTions

Associate Attorney

Scott & Kienzle, P.A. seeks associate attorney with 0 to 5 years of experience. Practice areas include litigation, bankruptcy, collections, insurance, and election law on the Republican side. Responsibilities include opening a file through pretrial, arbitration, trial, and appeal. Please email a letter of interest, salary requirements, and résumé to Paul Kienzle at [email protected] kienzlelaw.com.

Merger Partner

Rosenfelt & Buffington, P.A., an established Plaintiff's personal injury firm seeks a merger partner. The firm has offices in Albuquerque, Gallup and Shiprock, a skilled staff, and two attorneys (one approaching retirement age). Current client base resides in Four Corners area, majority Native American. To discuss possibilities contact Managing Director Dan Rosenfelt, 266-3441 or [email protected]

Associate

Attorney

Busy law firm seeking an attorney with at least two years experience in Social Security law. This person should have strong research and writing skills and the ability to work independently. Salary competitive and commensurate to experience and qualifications. Spanish speaking a plus. Please send resume to Nichole Henry, Whitener Law Firm, P.A., 4110 Cutler Avenue, N.E., Albuquerque, NM 87110 or email to [email protected]

Rugge, Rosales & Associates, P.C. has an opening for an associate with two to five years experience in litigation, trial and appellate practice. We are a small office looking for a hard working dedicated attorney to work in a friendly and professional environment. Practice areas include personal injury defense, insurance law, special investigations and insurance fraud, nursing home negligence, business and probate litigation. Please send resume, copy of law school transcript, and writing sample to: David Ray Rosales, 901 Rio Grande Blvd NW, #G-250, Albuq. 87104.

Attorney

Seeking attorney with 3 years or more experience to join bankruptcy, commercial litigation & real estate practice. Court appearances will be required. Ability to use Lexis, MS Office and other computer programs required. We are looking for a long term relationship and terms of employment will include possibility of acquiring ownership. Please fax or e-mail resume', cover letter stating reasons for interest and salary/benefits requirements, salary history and references to The Law Office of George Dave Giddens, P.C. Fax: (505) 271-4848; [email protected]

Associate Attorney

The Santa Fe office of Hinkle, Hensley, Shanor & Martin seeks an associate attorney with 2-4 years experience for defense of employment discrimination and civil rights claims. Candidates should have strong academic background, excellent writing and research skills, and the ability to work independently. Please send resume and writing sample to Hiring Partner, P.O. Box 2068, Santa Fe, New Mexico 87504-2068

Attorney

Associate Attorney

The firm of Beall & Biehler, An Association, is receiving applications for an attorney looking to practice in the area of civil litigation. Strong academic credentials, research and writing skills are required. A desire for success and professionalism is essential. Competitive compensation and collegial work environment provided. Attorneys with at least three years of experience are preferred. Send resume to managing attorney, 6715 Academy Rd NE, Albuquerque, NM 87109 or [email protected] beall-biehler.com

The Sixth Judicial District Attorney's Office has an opening for an Attorney for our Deming office, commencing July 13, 2009. Should have some felony trial experience. Salary DOE. All state benefits. New Mexico bar admission required. Submit resume, cover letter describing interests, and three current references with phone numbers to: Mary Lynne Newell, District Attorney, P.O. Box 1025, Silver City, New Mexico 88062 ; email [email protected] nm.us .

Los Alamos County is accepting applications for Assistant County Attorney. This job includes providing advice on diverse and challenging legal issues. Minimum requirements include: Juris Doctorate or Bachelors of Law Degree from an accredited law school; seven years of experience in the practice of law including two years of advising public or private sector policymakers; member of New Mexico State Bar or if from another state must be awaiting State Bar exam results and be a member of New Mexico State Bar within four months of employment. Salary range is $78,842 to $126,147. Applications and full information are available at www. losalamosnm.us or by calling 505-662-8041. Application deadline is July 31, 2009 at 5:00 PM. Note: Applications may be reviewed and interviews may begin as early as June 24, 2009. A selection may be made prior to the closing date.(E0E). Situated at the base of the Jemez Mountains in beautiful northern New Mexico, Los Alamos is a community of about 19,000 people with a low crime rate and excellent schools. It is a great place to raise children. Our community has a worldwide reputation for its scientific and technological research and development. Recreational opportunities are nearly unlimited. Los Alamos is home to Pajarito Ski Hill, the Larry R. Walkup Aquatic Center, an 18-hole golf course, an outdoor ice skating rink, numerous hiking and bike trails, and many organized sports leagues and events. We are located within a short drive from the Bandelier National Monument, the Valles Caldera National Preserve and the Jemez Mountain Recreation Area. Cultural activities abound with concerts, art fairs and exhibits, lectures, dance performances and theater events scheduled often throughout the year. Additionally, we are located near the culturally rich communities of Taos and Santa Fe. Further information about our community can be found at www.locate.losalamos.com. County application is required. View complete job information at www.losalamosnm.us <http:// www.losalamosnm.us/>.

Associate Attorney

5-10 years experience in Family Law and Civil Litigation: 2019 Galisteo, C3, SF, NM, 87505. Fax 505.989.3440

38 Bar Bulletin - June 15, 2009 - Volume 48, No. 24

www.nmbar.org

Assistant Federal Public Defender, Del Rio, Texas

Legal Assistant/Paralegal

Large Uptown Suite

Requires commitment to representing indigent accused and reputation for integrity. Federal criminal trial experience preferred; Spanish proficiency required. See http://txw.fd.org/ jobs. Letter, résumé, and writing sample to: FPD, 2205 Veterans Blvd., Ste. A-2, Del Rio, Texas 78840-3120.

Full time Paralegal/Legal Assistant needed for busy Northeast Heights law office. Legal experience required, preferably in the area of estate planning, business planning, tax and corporate law. Ideal candidate will be an independent thinker and self-starter. Responsibilities will include document drafting, schedule management, and attorney billing and time entry. Please email resume to [email protected]

Upscale, 1030 sq.ft. Corner of LA/Candelaria. Reception area, two offices, snack room/office machines area, bathroom. Parking, janitorial. 293-3776.

Law Office For Rent

Assistant Attorney General

Law office for rent, front door parking, across the street from Flying Star Restaurant. 8010 Menaul NE, Albuquerque. Two other attorneys in offices. Contact: Hal Simmons, 299-8999.

The Prosecutions Division of the Attorney General's Office (EEO employer) has an opening for an "exempt" (not classified) attorney in the Albuquerque office. Applicants must demonstrate the ability to work independently and the ability to remain highly organized while working on multiple assignments. Duties in jurisdictions throughout the state will include prosecuting high profile violent offenses, child abuse offenses, and white-collar crimes. Duties will also include providing expert testimony for legislative initiatives. NM bar admission is required and significant white collar prosecution and felony jury trial experience is preferred. Resume, writing sample and minimum of three professional references must be received at the Attorney General's Office. Send all information to: Attn: Dennis Martinez, HR Manager, P.O. Drawer 1508, Attorney General's Office, Santa Fe, NM 87504-1508. Resumes must be received by 5:00 p.m. June 19, 2009.

serviCes

Expertise in general surgery, hand surgery, plastic, reconstructive and cosmetic surgery. Available for chart review, medical legal reports and expert testimony. 36 years of clinical experience. Credentials are impeccable. Richard C. Gobeille, MD, 505-856 1619

Full Service Lease

MD Medical Expert

Go Have a Beer ­ We'll Handle the Research & Writing

6,800 SF - $18.00/SF. Upper floor of Circa 55 building ­ 302 8th St, NW, ABQ NM. Sleek, remodeled in 2005; elevator; CAT 6e cabling; outdoor patio with fireplace and seating; halogen lighting; cork floors; painted, exposed ceiling; ample gated parking & customer on-street parking; easy walking to City Hall, courthouses, restaurants, shopping. May be available for purchase. Contact Scott Whittington 505-338-2284 or email to: [email protected] avaloninvestmentsinc.com

Virtual Litigation Support, LLC provides the highest quality research and writing at irresistibly affordable rates (rates begin at $75/hour). Built-in quality control, all U.S. attorneys, no project too large or too small. VirtualLitigationSupport.com or call today: (877) 727-7176.

Prestigious Santa Fe Office Space

Prestigious Santa Fe office space available for prime tenant. Leasing 6700 square feet. Paseo de Peralta & Don Gaspar. Outstanding visibility and location. Contact Lisa Tometich (505) 690-1440 or Fred Soldow (719) 239-0520.

Litigation Paralegal

Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., is seeking a Litigation Paralegal for its Albuquerque, New Mexico office. Candidates should possess 2+ years paralegal experience in a Governmental or Legal setting, be familiar with Word/Word Perfect, Access, Power Point and Westlaw. Please note all candidates are subject to a criminal background check.

offiCe spaCe

Two Offices Available

Best location in town, one block or less from the new federal, state, metropolitan courts. Includes secretarial space, phones and service, parking, library, janitorial, security, receptionist, runner, etc. Contact Thomas Nance Jones, (505) 247-2972.

SUBMiSSioN DeADliNeS

All advertising must be submitted by e-mail by 5 p.m. Wednesday, two weeks prior to publication (Bulletin publishes every Monday). 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 classified 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, two weeks prior to publication.

Legal Secretaries / Paralegals

High Desert Staffing provides experienced legal support professionals to Albuquerque's leading law firms. We are currently seeking candidates with 2-5+ years legal experience and strong software and typing skills, for both permanent and temporary positions. Call (505) 881-3449 for immediate interview.

Traditional Downtown Albuquerque Office

Legal Assistant/Paralegal

Small civil defense law firm seeks legal assistant/paralegal to work 30-40 hrs/wk. Must be a skilled typist and proficient in WordPerfect. Good organizational and communication skills necessary. Salary DOE. Please send letter of interest and resume to Slease & Martinez, P.O. Box 1805, Albuquerque, NM 87103 or email to [email protected]

Office space available July 1, 2009. Ornate interior with classic built in bookcases. 1700 +/- square feet with reception, conference, break/copy room plus storage basement and ample parking. A/C and central heating. Walking distance to all court houses. Will accommodate one to two attorneys plus staff. Outstanding location and visibility. Phone system available for purchase. 924 Lomas Blvd NW. 505-867-2804.

Beautiful Adobe

Close to downtown, courthouses, hospitals. Reception area, conference rooms, employee lounge included. Copy machine available. Ample free parking and easy freeway access. From $ 195.00 per mo. Utilities included. Oak Street Professional Bldg., 500 Oak St. N. E. Call Jon, 507-5145; Orville or Judy, 867-6566.

For more advertising information, contact: Marcia C. Ulibarri at 505.797.6058 or e-mail [email protected]

Bar Bulletin - June 15, 2009 - Volume 48, No. 24 39

ATKINSON & KELSEY, P.A.

DIVORCE & FAMILY LAW

CONGRATULATES

Allison P. Pieroni

for her re-election as

Chair of the Board of Directors of La Familia Incorporated

·····

Special attention to adoption, guardianship, kinship guardianship and guardian ad litem

ATKINSON & KELSEY, P.A.

"New Mexico's First and Most Experienced Divorce and Family Law Firm"

505.883.3070 / www.atkinsonkelsey.com City Place Suite 2000 / 2155 Louisiana NE / Albuquerque, New Mexico 87110

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