The Second Judicial District Family Court is asking parties operating under child-custody and timesharing orders to collaborate on ways to make those arrangements work without court intervention during the COVID-19 crisis.

The court first made that request in a memo distributed to family law attorneys on March 23, 2020, the day before Governor Michelle Lujan Grisham issued the statewide Stay-at-Home Order. 

“We know that our Governor is going to announce a Stay-At-Home Order to further combat this pandemic.  We are asking that attorneys and litigants work diligently to find agreements regarding custody and timesharing exchange Orders,” the memo reads.

“These are trying times for everyone, the court included. We are limited in our ability to hold hearings,” said Debra Ramirez, Presiding Judge of the Second Judicial District Family Court. “Of course, we will hold emergency hearings when necessary, but we hope families can come together to navigate these issues on their own until this crisis passes.”

The court’s March 23 memo on this matter is available here.

During the COVID-19 crisis, the Second Judicial Court will not require notary public certifications on applications to waive fees for filing a legal action, when those applications are based on the individual’s inability to pay.

The waived fees typically include court filing costs and the cost of having notice of the action served on the opposing parties. Waiver of these fees is known as granting the party “free process.” The granting of free process, which can happen in civil or domestic relations cases, requires filling out an application verifying that the applicant does not have sufficient income to pay the filing fees. Under normal circumstances, a notary public would have to certify that the individual submitting the application is also the person whose signature appears on the form.

“The temporary suspension of the requirement to have these applications notarized is a recognition of the fact that a lot of the places where someone would go to have a form notarized are closed during this crisis,” said Second Judicial District Court Chief Judge Stan Whitaker. “We don’t want that to prevent people from having access to the court.”

Free Process application packets can be obtained in the following ways:

       •    Downloading it from the court’s website
       •    Emailing the court’s Center for Self-Help and Dispute Resolution at albdselfhelp@nmcourts.gov. 
       •    Picking it up in person on the first floor of the Second Judicial District courthouse, 400 Lomas, Blvd. NW.

You also can call the Center for Self-Help and Dispute Resolution with questions at 505-841-6702. 

The Second Judicial District Court has implemented new screening procedures to prevent individuals who may have contracted the COVID-91 virus from entering the courthouse.

Signs are now in front of the courthouse, at 400 Lomas, NW, instructing people to ask themselves three questions before entering. The questions are:

1. Have you been in contact with anyone who has been diagnosed with COVID-19?
2. Over the past two weeks, have you developed flu-like symptoms, such as a cough, a fever, or shortness of breath?
3. Have you traveled outside of New Mexico within the last thirty days to any high-risk area?

No one who can answer “yes” to any of those questions should enter the courthouse. Instead, they can look at the second sign posted at the entrance listing phone numbers for all divisions of the court. Individuals can call the appropriate number to find out how to resolve for which they were coming to court.

These procedures also are in effect at the Second Judicial District Children’s Court Building at 5100 Second St. NW, as well as the offices housing the court’s Pretrial Services programs.

“These screening procedures are part of our ongoing effort to balance public safety with the need for the court to fulfill its constitutional duty of ensuring that all individual members of the public have access to the judicial, even in times of crisis,” said Second Judicial District Chief Judge Stan Whitaker.

Chief Judge Whitaker issued an administrative order outlining the new screening procedures on Wednesday, March 18, 2020. He also issued an order detailing additional precautionary measures the court is taking to guard against the spread of the COVID-19 virus.

The precautionary measures mirror those ordered by the New Mexico Supreme Court and include:

• Suspending criminal jury and civil jury trials that have not started.
• Conducting all court proceedings in a manner to minimize contact among people in the courtroom. This includes, when possible, conducting proceedings by telephone and video to eliminate the need for attorneys and litigants to be physically present in a courtroom.
• Limiting the number of inmates transported from jails to courthouses for hearings.
• Implementing enhanced cleaning procedures in the courthouse.
• Suspending out-of-state work travel for court employees and requiring a 14-day self-isolation period for employees and judges who have traveled to a COVID-19 high-risk area, and imposing a self-isolation period for employees and staff who travel out-of-state on personal business starting March 18.

For updates on the Second Judicial District Court’s ongoing response to the COVID-19 pandemic, visit the court’s website at https://seconddistrictcourt.nmcourts.gov or follow the court’s Twitter feed @SJDCNEWMEXICO.

The New Mexico Supreme Court has suspended all criminal jury trials that have not started and imposed additional precautionary measures against the spread of coronavirus (COVID-19).

New Mexico’s appellate, district, metropolitan and magistrate courts remain open.

The Court previously suspended civil jury trials. Criminal jury trials, which are not under way, will be suspended until April 30 or further notice by the Court. Presiding judges have the discretion to proceed with a criminal jury trial if there is an exceptional circumstance.

“The precautionary measures imposed by the Judiciary today will provide additional safeguards for all New Mexicans while allowing necessary court functions to continue,” Chief Justice Judith K. Nakamura said. “Especially during a public health emergency, courts must not close because they deliver vital services required in our justice system to ensure community safety.”

“Courts play a critical role in our society ensuring compliance with the rule of law. This includes hearing the initial pleas of those arrested and charged with crimes, making constitutionally required decisions on the pretrial detention of defendants and issuing restraining orders to protect victims of domestic violence. These are among the crucial functions the Judiciary will continue to provide New Mexicans with necessary public health precautions at courthouses,” Chief Justice Nakamura said.

Other than jury trials, all other court proceedings will continue with appropriate precautions in place for those who must visit and work in courthouses.

Newly imposed measures by the Judiciary will:

• Temporarily suspend the ability of lawyers to excuse a judge from presiding over a criminal and civil case. Suspending the peremptory excusal rules allows courts to better manage their caseloads within precautionary directives and distribute cases among all available judges.
• Encourage judges to use their discretion to conduct all court appearances, such as arraignments and plea proceedings, by telephone and video to eliminate the need for attorneys and litigants to be physically present in a courtroom.
• Require courts to screen visitors to courthouses and deny access to people exhibiting symptoms of COVID-19 or who have traveled to a COVID-19 high-risk area.
• Allow local courts to accept case filings by email or fax from self-represented litigants.
• Permit local courts to allow lawyers to file by email or fax for case types that currently cannot be submitted electronically.
• Tighten travel restrictions on judicial employees and judges to require a 14-day self-isolation period for those who travel out-of-state for personal reasons. The courts previously halted all work-related out-of-state travel.

The Court today authorized municipal courts to close and previously allowed county probate courts to close.

The Judiciary previously restricted the number of people who gather in any courthouse location, including courtrooms and hallways, to no more than 25 to maintain appropriate social distancing as recommended by public health authorities. That is more restrictive than the current requirements of the state’s public health emergency order prohibiting gatherings of 100 or more people.

A Summary of the Court’s action related to COVID-19 is available here. The Supreme Court’s orders on precautionary measures and judicial employee travel are available via the following links:

• Order on precautionary measures
• Order on judicial employee travel

The Second Judicial District Court’s Pro Bono Committee has canceled its next two Civil and Family Law Clinics due to concerns related to the coronavirus.

While there is no evidence that the virus has affected anyone in the court, the Pro Bono Committee is taking this step out of an abundance of caution. The Pro Bono Committee is comprised of judges and staff from the Second Judicial Court and staff from New Mexico Legal Aid.

The Civil and Family Law Clinics, at which citizens get free consultations with attorneys, normally take place on the first and third Wednesdays of each month at the Second Judicial District Courthouse, 400 Lomas, NW, in Albuquerque.

The cancellations apply to the Family Law Clinic scheduled for March 18 and the Civil Law Clinic scheduled for April 1.   

“This is not what we want to do given that the need for legal assistance does not go down during a pandemic,” said Second Judicial District Family Court Judge Jane Levy, who also co-chairs the Pro Bono Committee. “But for the safety of the public and the staff of the court and Legal Aid, we need to skip remainder of March and the first clinic in April. We hope to resume the regular clinic schedule after that.”

Additional Measures in Place

In addition to these steps at the Second Judicial District Court, State Supreme Court Justice Judith K. Nakamura has announced measures that courts across New Mexico are taking to guard against the potential spread of the Coronavirus.

“The Judiciary’s responsibility to ensure constitutional protections are available to those who need them has been especially important during difficult times in our history,” Chief Justice Nakamura said. “We are working closely with state and local governments and taking steps to ensure that courthouses are safe for jurors, litigants, lawyers, judicial employees, judges and all members of the public.”
Among the measures directed by the Supreme Court:

• Courts will limit the number of people summoned to jury duty. Typically, courts will limit jury pools to no more than 25 people. If additional jurors are needed, courts will keep them in separate rooms even if it requires lawyers to separately question jury pools.


• Jurors who have traveled to areas with a high concentration of confirmed coronavirus cases should contact their court before reporting for jury duty. Jurors who are ill will be immediately released and sent home


• Judges will postpone civil jury trials that have not yet started unless there are exceptional circumstances.


• Judges will conduct all proceedings in a way that minimizes contact among people in the courtroom including the use of telephone and technology.


• Criminal proceedings will continue.


• Out-of-state work travel is suspended for judicial employees and judges.


• The Judiciary has limited the number of inmates that may be transported from jails to courthouses for hearings.


• Courts are working with those responsible for cleaning and maintaining courthouses to ensure compliance with enhanced cleaning requirements.

The Chief Justice strongly encourages people who need to visit courthouses to follow the recommendations of health officials to protect themselves and others from the spread of coronavirus. Those include washing hands frequently with soap and water for at least 20 seconds and maintaining a safe social distance from others.

“Our courts will continue to carefully monitor developments related to the coronavirus and will take additional steps as necessary to minimize public health risks of New Mexicans who require justice services,” said Chief Justice Nakamura.

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Supreme Court Justice Shannon Bacon and Second Judicial District Chief Judge Stan Whitaker were among the dignitaries who spoke at the official dedication of “A View from Gold Mountain,” the sculpture erected as a monument to New Mexico’s Asian American Community.

The sculpture, which stands on the west side of the Second Judicial District Courthouse, was formally dedicated on January 11, 2020, following an eight-year effort spearheaded by Dr. Siu Wong, president of the Albuquerque Chapter of the Chinese American Citizens Alliance.

After gaining financial support from state and county officials, Wong was tabbed to head a committee that issued a nationwide call for a piece of art to reflect the Asian American community’s experiences interacting with the legal system, starting with the landmark case of the Territory of New Mexico v. Yee Shun. That 1882 case was the first in which testimony from an Asian American was considered valid in a United States court of law.

The committee unanimously chose “A View from Gold Mountain,” a multi-piece sculpture created by the artistic team of Cheryll Leo-Gwin and Stewart Wong.

The artists said they considered the history of the Yee Shun case, as well of the experiences of all Chinese Americans of that era, in both creating and naming the sculpture.

Seeking the Pot of Gold

“During the Gold Rush, people in China called America the Gold Mountain. They came to America to seek their fortunes and find the pot of gold to send or take home,” Leo-Gwin said. “Immigrants from other regions also came to that Gold Mountain for similar reasons. Instead, like Yee Shun and the Chinese, because of their skin color, culture or other differences, they found hardship, starvation, death and disillusionment. The pot of gold was more often than not only an elusive dream.”

At the dedication, Dr. Wong said since the project to secure the monument began it has “evolved to represent and be inclusive of our diverse society and population in New Mexico and the nation.”

Judge Whitaker echoed that sentiment, saying the sculpture celebrates the “resilience, tenacity and redemption power” of the Asian American spirit, as well as the spirit of all groups who at one time were intentionally marginalized.

Justice Bacon said it is fitting the monument recognizes a historic legal ruling issued in a New Mexico court, as the state continues to be on the cutting-edge of civil rights law. She referred to the New Mexico Supreme Court’s 2013 ruling in State v. Zamora that said courts must find interpreters for individuals who speak a language other than English, when those individuals are called for jury service.

“New Mexico, as in Territory v. Yee Shun, was once again on the cutting edge as the first state to recognize this civil right,” Justice Bacon said.

Leo-Gwin said several aspects of the sculpture speak to the idea of various cultures uniting. She pointed, for instance, to a braid that runs down the center of the plumb bob that is the sculpture’s centerpiece. She said the braid represents the hairstyle that many Chinese Americans wore during the 1880s. “But bigger than that,” she said, “it represents all of our cultures braided together. That is the backbone of the sculpture and the backbone of the country.”

Click here to view a video from the dedication ceremony.

The Second Judicial District courthouse bustled with activity on a late-November Saturday morning. Judges presided over hearings, but they were not the somber proceedings that typically take place in courtrooms.

These hearings included children carrying balloons and teddy bears, smiles, laughs and hugs—and all parties left the courtroom happy. That is what happens on National Adoption Day—the day courts across the country host simultaneous large-scale adoption events. The goal is raising awareness of the 125,000 children in foster care nationwide waiting to find loving, permanent homes.

National Adoption Day started in 2000 when courts in nine cities opened their doors to finalize and celebrate adoptions of children in foster care. In 2019, National Adoption Day was Saturday, November 23. More than 400 Adoption Day events took place across the country, including the one in New Mexico’s Second Judicial District Court.

“Presiding over adoption hearings is one of the most rewarding things I do as a judge,” said Marie Ward, presiding judge of the Second Judicial District Children’s Court. “I am very grateful to be able to participate with these children and these families for such an incredible thing as creating a forever family.”

An inspiring event

Judge Ward was one of six judges who presided over hearings during the Second Judicial District’s Adoption Day event. “We work hard throughout the year to finalize adoptions, creating permanent homes for as many children as possible,” Judge Ward said. “But National Adoption Day allows the larger community to come together around that effort. We also hope that seeing the joy in the faces of adopted children and their families will inspire others who may not have considered fostering and adopting before to open their hearts and homes to the many children still waiting to be adopted.”

People appear to be getting that message. The Second Judicial District Court finalized more than 90 adoptions on National Adoption Day 2019, nearly doubling the number of 56 adoptions during its 2018 event.

The adoptive parents included Nicolle Wallace. She was a foster parent to five children who—after National Adoption Day—now officially call her mom. “I started out fostering children, then decided I wanted to adopt,” Wallace said. It was obvious from watching the interaction among them that the time Wallace cared for this brood as a foster parent had made them a real family.

“It has been great to watch their personal growth,” Wallace said. “This day has been a long time coming, but it is wonderful. I am really blessed; they are all really good kids.”

Albuquerque, New Mexico, December 6, 2019 — The Honorable Cindy Leos of the Second Judicial District Court has been named 2019 Judge of the Year by the Albuquerque Bar Association.

In announcing the award, the ABA said its selection committee reviewed several nominations, and “in the end, Judge Leos’s efforts this year presiding over Young Adult Court made her the unanimous choice for her impact on the community.”

Young Adult Court is an innovative program established in 2017 in response to research that shows humans’ reasoning ability is not fully formed until the age of 25, and many individuals in this age group who commit crimes can turn their lives around if given the proper support. The program is a partnership among the Second Judicial District Court, the Offices of the District Attorney, the Public Defender, the Bernalillo County Sheriff’s Department and several agencies that provide substance abuse treatment, mental health counseling and other support services. The court is proving successful at helping young people address issues—such as drug abuse and lack of mental health treatment—that are driving some of the crime in Albuquerque and Bernalillo County.

The program takes 18 to 24 months to complete, during which time participants must engage in treatment, attend weekly court sessions, provide random urinalysis samples and demonstrate a willingness to make positive changes in their lives. To date, three individuals have graduated from Young Adult Court—all of whom have quit drug habits that proved to be an underlying cause of their criminal activity. Twenty-two other individuals are currently in the program, with an additional 15 undergoing the screening process.

“It was clear from her first day on the bench that Cindy Leos was going to be an outstanding judge,” said Stan Whitaker, Chief Judge of the Second Judicial District Court. “She has demonstrated day after day that she has a clear understanding of her role as a judge and the need to make sure that litigants on both the prosecution and defense side of a case are treated respectfully and fairly in her court. She was the ideal choice to preside over Young Adult Court, and it is no surprise that the Albuquerque Bar Association is recognizing her as Judge of the Year.”

The bar association will formally present the award to Judge Leos at its annual meeting/luncheon at 11:30 AM on Thursday, December 12, 2019 at the Embassy Suites in Albuquerque. The association also will present the Attorney of the Year Award to Vince Ward, who the group said was selected, in part, for his “excellent and tireless advocacy of Chelsea Manning.”

Judge Leos said she is “incredibly honored to receive the Albuquerque Bar Association Judge of the Year Award. It is my understanding that I was selected for this award in large part due to my work with the Young Adult Court. Presiding over Young Adult Court has been one of the best parts of my job and to be recognized with this prestigious award for doing something that I get such joy out of is simply phenomenal.”

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One of the most recognizable faces at the Bernalillo County Juvenile Justice Center belongs to Cassie, a 6-year-old Labrador retriever.

Cassie interacts with families, especially those with children, who need her friendship. When a girl is called to testify about traumatic abuse or neglect, Cassie might sit at her feet to provide solace. Or Cassie might stay with a sobbing boy who has just been separated from his parents after being placed into protective custody.

"Cassie provides great comfort in the courtroom and gets smiles from everyone she meets when she is in the building," Children’s Court Judge Marie Ward said.  "She is a silent companion who has a way of removing the edge from very difficult situations."

Cassie has been a presence at the Juvenile Justice Center since late 2013. She is a specially-trained Courthouse CASA dog, a name that is derived from the acronym for Court Appointed Special Advocates.

Cassie was purchased using a grant by New Mexico Kids Matter, the CASA program in Albuquerque. CASA believes that every child who has been abused, neglected or is in foster care deserves to have a dedicated volunteer advocate speaking up for them in court.

"We are very fortunate to have Cassie, both as a resource and as a friend," Judge Ward said.  "She brings a lift to everyone she meets and she is especially valuable to the children who need her most."

Cassie was trained by Assistance Dogs of the West, a Santa Fe-based accredited service dog organization that also provides service dogs for the Veterans Court program. Courthouse dogs have been used around the country since 2003.

For more information about CASA please visit www.nmkidsmatter.org.

Albuquerque, New Mexico, March 27, 2020 — The Second Judicial District Court’s Juvenile Justice Center will be closed until Tuesday, March 31, 2020 after an individual working on the construction of a new courtroom was sent home with a fever on Thursday afternoon.

“These steps were taken in an abundance of caution to protect our employees, JJC partners, and the public given the current State of Emergency. At this time, we have no reason to believe anyone was exposed to the COVID-19 virus,” said Marie Ward, presiding judge of the Second Judicial District Children’s Court.

Bernalillo County is managing the courtroom construction at John E. Brown Juvenile Justice Center, located at 5100 Second St. NW. Upon hearing about the worker’s illness, the county stopped work on the project and requested that the court close as a preventive measure to allow the county time to provide a comprehensive, thorough and deep cleaning of JJC.

“An employee of the contractor who is building the courtroom was sent home with a fever,” said Mary Murnane, facilities director for Bernalillo County. “The person has not yet been tested for coronavirus. The Department of Health has been contacted and advised that the person be self-quarantined and monitored to see if the fever lasts more than 72 hours or reaches 104 degrees.”

In the meantime, Bernalillo County has ordered five county employees who had contact with the sick individual to self-quarantine pending resolution of the sick individual’s status. The county also has placed the courtroom construction project on an indefinite hold pending resolution of that individual’s status.

Murnane said the court’s operations should be able to continue on Tuesday, after the building is thoroughly cleaned, but the construction project will not continue until the county gets assurances that none of the contractor’s or the county’s employees have the coronavirus.

“Fortunately, the construction is taking place in an isolated area of the building,” Murnane said. “We don’t have reason to believe there is any danger to courtroom employees or the public. Still, we think it is prudent to give the building a thorough cleaning before anyone is allowed back in.” 

While the Juvenile Justice Center is closed, all necessary proceedings will take place at the Second Judicial District Court’s downtown location. Those proceedings will be conducted via telephone and video conferencing.

Second Judicial District Court Chief Judge Stan Whitaker also has asked the county to do an additional thorough cleaning on the downtown courthouse.

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“A View from Gold Mountain” is the name of the sculpture on the west side of the Second Judicial District Courthouse. It recognizes the Asian American community’s historical relationship with the justice system.

The Asian American Monument Committee unanimously chose this work by the artistic team of Cheryll Leo-Gwin and Stewart Wong. The Bernalillo County Commission is overseeing funding for the project.

The monument committee had put out a nationwide call for a piece of art to reflect the Asian American community’s experiences interacting with the legal system, starting with the landmark case of the Territory of New Mexico v. Yee Shun. That 1882 case was the first in which testimony from an Asian American was considered valid in a United States court of law.

The ruling was somewhat bittersweet for members of the Asian community. On one hand, the ruling by New Mexico Supreme Court acknowledged that Asian Americans could take and abide by an oath to tell the truth when testifying in court—even if they adhered to a non-Christian religion. Previously, U.S. courts had only recognized oaths taken by practicing Christians as valid for giving legal testimony.

On the other hand, the testimony given by an Asian American was the most important piece of evidence leading to the murder conviction of Yee Shun, who many historians now believe was innocent. Yee Shun was sentenced to life in prison for a murder that took place in Las Vegas, New Mexico on February 24, 1882. Shortly after hearing the appeal of his conviction had been denied, Yee Shun committed suicide in his cell in Leavenworth, Kansas, where he had been transported to serve his sentence.

The monument committee asked artists to consider this historical context when creating the work they would propose installing outside the district courthouse. The winning team said they considered this history in not only creating their work, but in naming it as well.

Seeking the Pot of Gold

“During the Gold Rush, people in China called America the Gold Mountain. They came to America to seek their fortunes and find the pot of gold to send or take home,” the artists wrote in the proposal accompanying a model of their work. “Immigrants from other regions also came to that Gold Mountain for similar reasons. Instead, like Yee Shun and the Chinese, because of their skin color, culture or other differences, they found hardship, starvation, death and disillusionment. The pot of gold was more often than not only an elusive dream.”

Despite these hardships, immigrants from Asia and elsewhere persisted and built lives for themselves and their families. Over time, the judiciary and other branches of government came together to offer these citizens a measure of justice and equality.

A large multi-colored plumb is the central component of the View from Gold Mountain sculpture. The artists call it a metaphor for the sense of justice that all Americans expect from their government. “A plumb sways for a time but ultimately finds balance,” the artists’ proposal stated. “While the Yee Shun case did not find that balance or justice during his lifetime, the scales of justice ultimately found equilibrium and balance in changing the law to provide access to justice for the Chinese and all who call America home.”

In addition the plumb, the sculpture features a stone-carved seat in the shape of a classical Chinese cloud pattern personifying hopes and dreams. Similar clouds, representing dreams past, present and future are on the plumb as well as the courthouse wall. There also is an inscription on the ground near the plumb with these words from Confucius in a spiral pattern: A journey of 1,000 miles starts with the first step.

“This is to encourage people to take that first step to make a difference, and to fulfill their own dreams,” Leo-Gwin and Wong said.

Since its selection for installation outside the courthouse, Leo-Gwin and Wong’s sculpture has garnered much positive attention, including recognition in a national online magazine dedicated to the arts.

The Second Judicial District Court invites everyone to join its efforts to help those in need this Holiday Season by placing items under its Giving Tree.

The Court has placed trees at each of its three facilities, and will be accepting donations on behalf of four local charities through Thursday, December 19, 2019.

The trees are at the following locations:

• The main courthouse, 400 Lomas Blvd NW;
• The Juvenile Justice Center, 5100 2nd Street NW; and
• The offices of the Judicial Diversion and Supervision Division, 401 Roma, NW.

These are collection points for items that will go to these organizations:

• The Albuquerque Public Schools Title I McKinney-Vento Project to assist homeless students. This organization specifically wants collecting toiletries (soap, shampoo, tooth paste, tooth brushes, deodorant, grooming supplies, etc., as well as non-perishable and microwavable food items) for students through the age of 18;
• New Mexico Veterans Integration Center, which is collecting clothing for veterans;
• New Mexico Kids Matter, which is collecting clothing and toys for kids; and
• Animal Humane New Mexico, which is collecting food, bedding, and other items for companion animals in need.

Members of the public may drop off non-cash donations (no gifts cards either) at any of the court locations through December 19, 2019. Court officials will host a brief ceremony to hand over donations to the charities at 10:00 AM Friday, December 20, 2019. Animal Humane will have adoptable companion animals available at this event.

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program will host a Law-La-Palooza free legal fair on Thursday, October 24, 2014.

This event is actually two separate fairs. Attorneys will be available to consult on family law issues  from noon to 3:00 PM. From 3:00 PM to 5:00 PM, they will offer consultations on civil law issues.

The fairs take place at the Cesar Chavez Community Center, 7505 Kathryn, SE, Albuquerque. 
These free legal fairs are designed to help low-income people and families facing a wide range of legal issues, including divorce, custody, bankruptcy, contracts, landlord/tenant, creditor/debtor, child support, kinship/guardianship, wills, probates, personal injury, powers of attorney, public benefits, unemployment, immigration, SSI/SSDI, IRS tax issues foreclosure, and name changes. 
Law-La-Palooza participants can speak with an attorney or legal expert for 30 minutes about any legal issues they are facing.  Volunteers include attorneys, judges, court staff, and law students.  Interpreters and bilingual attorneys will be on site.  Help is offered on a first-come, first-served basis. 
For more information, visit www.vapnm.org. 

In the fall of 2017, Adrian Concini stood before a judge facing a possible nine-year prison sentence for two counts of trafficking controlled substances. At his arrest, Concini admitted to police that he was selling drugs primarily to support his own habit.

Twenty-two months later, Concini—now completely sober and gainfully employed—stood next to a judge who had just dismissed his charges, due to his successful completion of the Second Judicial District’s Young Adult Court program.

“You have truly changed the path of your life,” Second Judicial District Court Judge Cindy Leos said to Concini during the August ceremony marking his graduation from Young Adult Court. “You have become a genuine, hardworking, responsible adult. You also have gone beyond the program’s requirements by becoming a mentor to others. You are a true inspiration.”

Judge Leos presides over Young Adult Court. Concini is the first of what she expects to be many graduates of a program that began in 2017, with the aim of rehabilitating—rather than incarcerating—18- to 25-year-olds facing certain felony charges. Twenty-five other individuals are currently in the program.

“We expect 18-year-olds to make adult decisions, but the neuroscience shows that impulse control is not fully developed until a person reaches their mid-20s,” Judge Leos said. “When we combine that with the challenges that many people in this age group face with employment and housing, we are looking at a perfect storm for criminal activity.”

That does not mean Young Adult Court participants get a free pass for illegal behavior. Individuals are referred to Young Adult Court by judges, attorneys or pre-trial supervision officers who encounter them at the early stages of their cases. A referral triggers a three-step screening process that includes a background investigation, a face-to-face assessment with a court clinician and a case review by the Young Adult Court team members.

Upon acceptance into the program, participants must adhere to all program rules, which include a weekly court appearance before Judge Leos and strict requirements to attend counseling sessions and submit to drug testing. Willfully violating these conditions will get a participant expelled from the program, with their case returning to the regular criminal court system.

Concini admits that his transformation did not happen immediately, and he found himself back in jail once following a relapse in his drug rehabilitation. “What finally made me snap was the real fear of going away for nine years,” he said. He feared that time would end his relationship with his fiancé and his daughter. That motivated him to make sobriety the chief focus of his life. Once he made that commitment, adhering to the program’s rules became much easier.

At his graduation ceremony, Concini said life is much better because he can now honestly say he is a “hardworking man who can take care of myself and my family.”

“This is the only program of its kind in New Mexico, and it is proving successful,” Judge Leos said at the graduation. “The participants in Young Adult Court aim to graduate the program in 18-24 months living a sober lifestyle with stable housing and employment—contributing to the overall safety of our community.”

The Second Judicial District Children’s Court hosted a group of international travelers with a specific interest in juvenile justice this month. The group observed delinquency hearings in Judge William Parnall’s courtroom, and met with all three of the Children’s Court judges to learn more about how the New Mexico juvenile justice system compares with systems in their respective countries.

The U.S. State Department sponsored the group’s trip to New Mexico as part of its International Visitor Leadership Program. The program builds mutual understanding between the U.S. and other nations through short-term visits to the U.S. for current and emerging foreign leaders, according to the State Department’s website.

The New Mexico visitors were:

• An attorney from Azerbaijan who specializes in defending the rights of disadvantaged groups, such as members of the LGBTQ community and child survivors of trafficking and domestic violence
• A child protection officer with Welfare Department of Malaysia
• Vice President of the Nepal Magar Association Central Committee, which works to protect the human rights of marginalized women in Nepal
• An attorney who practices civil law while also advocating for Venezuelan refugees and migrants in Trinidad and Tobago
• The founder and executive director of Kyampisi Childcare Ministries, which works to fight the practice of ritual child sacrifice in Uganda.

The group was impressed with their exposure to New Mexico’s juvenile justice system, with each of them saying they were working to have some aspects of our system introduced in their own countries.

Syed Azmi Alhabshi, the Malaysian child protection officer, noted that a good part of the court hearing centered on trying to find appropriate places for juveniles to get mental health treatment. “There are not a lot of places for children to get treatment in Malaysia,” he said.

Shalini Sankar, the attorney from Trinidad and Tobago, said the organizations she works with are pushing the government to clean up what she described a “horrible conditions” in that country’s juvenile detention facilities.

Peter Michael Sewakiryanga from Uganda pointed out the “real collaboration between the judge, the defense attorney and the prosecutor” in seeking workable solutions for the juveniles appearing in court. He said that dynamic is starting to take hold in Uganda, and gave the example of how it helped an 8-year-old from being held criminally liable after adults ordered him to kill a one-year-old as part of a witchcraft initiation. “Our court system is based on punishment,” he said. “We are trying to change that.”

Judge Parnall said he was happy to have the group in his courtroom, and he welcomed their questions about the proceedings. However, he said, it was more enjoyable taking them lunch at Garcia’s Kitchen, a restaurant near the courthouse that serves New Mexican cuisine.

“I told them that we have our judges’ meeting at Garcia’s and they seem surprised that judges would expose themselves to the community in that fashion,” Parnall said. “I said, we live in this community. It is important for people to see judges as more than strangers who sit behind a bench making decisions that affect their lives."

One worked as a copy editor and taught English in Northern Italy. The other earned a bachelor’s degree in biochemistry while also playing in the marching band.

These are the judicial externs from the University of New Mexico School of Law who worked at the Second Judicial District Court this summer. Despite traveling different routes to the study of law, the two agree that their experience at the Court confirmed that they are now on the right career path.

“Judicial externships provide students the opportunity to directly work and interact with judges and court staff. In so doing, students gain unique insight into the legal system from this side of the bench. The students engage in supervised research and writing and spend months observing numerous proceedings in every division, including jury trials. We work to facilitate sound development of their legal skills, and to assist students in understanding the many facets of trial, and appellate, practice here at Second Judicial,” said Judge Erin O’Connell.

“This externship has advanced my legal education and given me more confidence to enter the legal profession moving forward,” said Kori Nau, the former biochemistry major and marching band member at Texas Tech University. Nau worked closely with Elizabeth Garcia, the Court’s general counsel, and its primary champion of the externship program.

The SJDC Judicial Externship Program has externs complete a rotation throughout all of the divisions of the court—the Civil, Children’s, Criminal, and Family divisions—as well as its specialty courts and diversion programs. Garcia serves as an extern supervisor and gives them assignments, like legal research memorandums, that they are likely to see in their early days as attorneys. That certainly was true for Nau, who did research on the New Mexico Structured Settlement Act for Presiding Civil Division Judge Beatrice Brickhouse, while also observing court hearings and trials.

Jena Ritchey, the other summer extern, earned a bachelor’s degree in sociology from Middlebury College in Vermont, before returning home to New Mexico and a copyediting job with the University of New Mexico Publishing Press. After a stint teaching English in Northern Italy, she enrolled in law school.

Ritchey spent her externship in Judge O’Connell’s Chambers, where she handled projects ranging from researching the new standard for review of landlord-tenant cases to drafting an appellate decision for a Workers’ Compensation appeal. Ritchey also observed hearings in all of the Court’s divisions. The prevalence of self-represented litigants in civil cases had a dramatic impact on Ritchey. “It gave me a sense of the pressing legal issues and great need facing New Mexicans,” Ritchey said.

As they head into their second year of law school, Nau and Ritchey will be colleagues again on the New Mexico Law Review. Ritchey also will work as a legal writing tutor while spending whatever free time she can find performing improvisational theater. Nau will serve as a Marshall-Brennan Constitutional Literacy Project fellow and as Vice President for Programs and Membership of the Women’s Law Caucus.

These two Albuquerque natives appear destined for promising legal careers. They also are certain to retain fond memories of their time at the Second Judicial District Court. “Being part of the Second Judicial District Court for just a few months was a learning experience that I will appreciate throughout my legal career,” Nau said.

“I am so glad I spent my summer at the Second Judicial District Court,” Ritchey added. “I would highly recommend that all UNM law students seek out an externship here.”

Five judges from Mongolia visited New Mexico in late June, stopping in at the Second Judicial District Court along the way.

Global Ties ABQ, a non-profit organization that works to foster ongoing relationships between Albuquerque residents and international visitors, coordinated the tour, which the judges saw as a great educational experience.

Judge Victor Lopez hosted the group’s visit to the Second Judicial District Court. The visit included a tour of the courthouse, observing a pretrial detention hearing, and meeting with four district court judges to discuss the differences between the U.S. and Mongolian court systems.

The visit included a tour of the courthouse, observing a pretrial detention hearing, and meeting with four district court judges to discuss the differences between the U.S. and Mongolian court systems.

Mongolia, which descended from the Mongol Empire founded by Genghis Kahn in 1206, was a Communist State from the 1920s until the fall of the Soviet Union in the 1990. The country adopted a democratic constitution, which included an independent judiciary, in 1992. The president appoints all of the country’s judges to lifetime terms. 

Three of the Mongolian judges on the New Mexico visit sit on First Instance Civil Courts, which are equivalent to New Mexico’s District Courts. One judge sits on an Inter-Soum First Instance Civil Court, which is akin to New Mexico’s Municipal or Metropolitan Courts. The fifth judge is the Chief Judge of a Provincial Criminal Court of Appeals. That court is similar to the New Mexico Court of Appeals, though it only considers criminal cases. 

In their meeting with the District Court Judges, the Mongolian Judges questions centered on the jury selection process, the administration of drug court and whether electing judges hampers judicial independence. The interest in drug court stems from an increasing problem with drug addiction in Mongolia and a desire to find solutions other than simply throwing people in jail. 

”I was struck with the Mongolian judges' incisive questioning on the jury selection process and how drug court personnel monitor and assure defendants' sobriety,” Judge Lopez said. “They also showed great interest in understanding how New Mexico's partisan elected judges may nevertheless maintain judicial independence.” 

Judge Joshua Allison, who sits on the district court’s civil bench, told the group that judges in this system know that their decisions could leave them vulnerable in elections, but they have to ignore that possibility and adhere to the rule of law when deciding cases. In essence, he said, the Judicial Code of Conduct overrides political considerations.

Munkdhavaa Magnalbayar, the Mongolian Criminal Court of Appeals Judge, asked about a detailed exchange between the judge and the defense attorney during the pretrial detention hearing. “It seemed evident that the judge was going to detain the defendant,” Magnalbayar said. “Why did she have to have such a long discussion with the attorney?” Charles Brown, presiding judge of the district court’s Criminal Division, explained that judges in the U.S. court system are required to explain their decisions, and having that conversation with an attorney in open court adds to that transparency. 

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The State Bar of New Mexico has selected Second Judicial District Court Chief Judge Stan Whitaker to receive the Justice Pamela B. Minzer Professionalism Award for 2019.

This award was renamed in honor of Justice Minzer in 2007 for her commitment to the concepts of civility and professionalism in the legal profession. The award recognizes attorneys and judges who exemplify the epitome of professionalism over long and distinguished legal careers.

In a letter informing Judge Whitaker of his selection for the award, State Bar of New Mexico Executive Director Richard Spinello wrote, “The recipients of this award are selected with special care for their service, dedication and commitment to the legal profession and the community. Your professional, ethical and personal conduct throughout your impressive legal career and on the bench make you most deserving of this special award.”

Judge Whitaker has indeed had a long and distinguished legal career, starting with his 1989 graduation from the University of New Mexico School of Law. After working as a civil litigator with two different Albuquerque law firms, Judge Whitaker joined the Family Crimes Unit of the Bernalillo County District Attorney’s Office, where he prosecuted child abuse cases.

Judge Whitaker first came to the Second Judicial District Court as a Special Master in the Family Court Division. While in that job, Judge Whitaker joined Judge Nash, who also was a Special Master at the time, to develop a pilot program for emergency orders of protection. The two also lobbied the Supreme Court to standardize orders of protection across the state.

Judge Whitaker left the court to serve as an Assistant U.S. Attorney for the District of New Mexico. He returned to District Court in 2006, accepting an appointment as a Family Court Judge. A year later, he moved to the Criminal Division. In 2018, Judge Whitaker’s peers elected him Chief Judge of District Court. He succeeded Judge Nash as Chief Judge on January 1, 2019. In addition to overseeing the court’s administrative and fiscal operations, Judge Whitaker continues to preside over a docket of criminal cases.

“No one embodies the principles that underlie the Justice Pamela Minzer Professionalism Award more than Chief Judge Whitaker” said Court Executive Officer James Noel. “He conducts court with calm focus and determination, and is respectful of litigants and attorneys, regardless of the case before him. He maintains the same demeanor with court staff in his role as Chief Judge. He truly exemplifies the qualities represented by this prestigious award.”

“I am both honored and humbled to be selected for this award,” Judge Whitaker said. “I am aware of the example Justice Minzer set in terms of treating everyone involved in the legal system—attorneys, judges and member of the public—with the utmost respect even when dealing with contentious issues. It means a lot to me that the members of the State Bar think I have at least come close to living up to that standard.”

Judge Whitaker will receive the Justice Pamela Minzer Professionalism Award at the State Bar’s Annual Meeting in August of 2019.

Online Dispute Resolution (ODR) started June 3 as a pilot program in courts in the Sixth and Ninth Judicial Districts. It begins June 10 in the Second Judicial District Court in Albuquerque and on June 17 in the Metropolitan Court in Bernalillo County.  The service will be expanded statewide later.

“New Mexico courts are committed to advancing judicial excellence through initiatives such as Online Dispute Resolution,” Supreme Court Chief Justice Judith Nakamura said in announcing the online service. “The innovative online service for settling cases costs less and is much faster than going to trial in a dispute over unpaid debts. With programs like ODR, our courts are able to expand public access to justice services, reduce the time to resolve some civil cases and improve court efficiencies.”

With ODR, the parties in a debt or money due lawsuit can negotiate at their convenience through online exchanges from home, a business or any location with internet access using a computer, smartphone or mobile device. The online system asks questions of each party about what they want to potentially resolve the lawsuit.

Offers are exchanged and if an agreement is reached, the online system automatically prepares a settlement document and electronically files it with the court. Both parties may agree to request the help of a trained mediator during the first two weeks of negotiation. If no agreement is reached after 30 days, the online negotiation ends and the case moves forward in court.

“Growing numbers of New Mexicans are representing themselves in civil lawsuits. Online Dispute Resolution helps self-represented parties by making it easier to navigate a legal system that the public often finds complicated and confusing,” said Second Judicial District Judge Jane C. Levy, who led a judicial team on the ODR implementation.

The ODR system also responds to the public’s increasing desire to conduct business online.

 “People increasingly want to take care of their business online. Our courts understand that,” said Sixth Judicial District Court Chief Judge Jennifer DeLaney. “Online Dispute Resolution offers a way for people living in rural areas to avoid traveling long distances to court hearings if they have filed a lawsuit over owed money or they are sued because of a debt.”

Ninth Judicial District Court Judge Donna Mowrer said, “This is a cost-effective way for businesses and individuals to negotiate settlement agreements for disputes over debt and money due. It can take months, or sometimes years, for a civil lawsuit to proceed to trial.”

Bernalillo County Metropolitan Court Chief Judge Sandra Engel said, “Electronic commerce companies like eBay and PayPal have long used online dispute resolution for disputes between buyers and sellers. To better serve the public, courts are embracing the same technology for certain civil lawsuits.”

About 31,000 debt and money due lawsuits were filed statewide in the past year, from April 2017 through April 2018.  To learn more about the new online service, including watching a video featuring the Chief Justice, visit the ODR website of New Mexico Courts. https://adr.nmcourts.gov/odr.aspx.

State Bar Names District Court’s Judicial Supervision and Diversion Program “Outstanding Program” for 2019

The State Bar of New Mexico has named the Second Judicial District Court’s Judicial Supervision and Diversion Program (JSDP) its “Outstanding Legal Program” for 2019.

This annual award recognizes outstanding or extraordinary law-related programs that serve the legal profession and the public. The State Bar selected the Second District Court’s JSDP for this award based on its use of nationally recognized, evidence-based methods for establishing public safety risk and appropriate supervision and oversight for defendants awaiting trial.

These evidence-based approaches have fostered a new culture with JSDP that is helping to both improve public safety and increase fairness within the criminal justice system. These approaches include the adoption of scientifically validated tools that help determine the proper level of supervision for individuals placed under JSDP’s authority, as well as referring individuals to treatment courts and diversion programs when appropriate.

JSDP supports four treatment courts that help identify root causes of behavior that brings individuals into the criminal justice system, and then teaches them skills for coping with those issues so they can live productive, crime-free lives going forward. One of those treatment courts, the Felony Repeat Offender DWI Court has proven especially effective at addressing New Mexico’s unique struggles with felony DWI offenders. Since its 2013 inception, this court has graduated 35 individuals with a zero-percent recidivism rate.  

 The other treatment courts JSDP supports are:

• Mental Health Court, which strives to identify individuals in need of mental health services and get them into a treatment program in the early stages of their entrance into the criminal justice system.
• Young Adult Court, which relies on recent research pointing to the need for unique methods of understanding and changing the behavior of people between the ages of 18 and 25.
• Healing to Wellness Court, which is a track within Adult Felony Drug Court that incorporates holistic healing strategies into its treatment programs.

“The JSDP is very deserving of the Outstanding Program of the Year Award,” said Second Judicial District Chief Judge Stan Whitaker. “The dedicated individuals in that program are having a major positive impact on our community by employing methods that are improving the criminal justice system and boosting public safety.  We also owe a major debt of gratitude to the Bernalillo County Commission for funding much of JSDP’s operations. That commitment helps make Bernalillo County a better and safer community.”

"The Bar Association has recognized the outstanding commitment and hard work that Second Judicial District Court judges and staff put into establishing innovative JSD programs that are proven to make our communities safer,” said Bernalillo County Commission Chair Maggie Hart Stebbins.  “JSD programs support the county's efforts to prevent new criminal activity by diverting high-need individuals who typically cycle in and out of the criminal justice system but who can break that cycle when given the right treatment and support."

JSDP will receive its Outstanding Program of Year award at State Bar of New Mexico’s annual meeting on August 2, 2019

Multiple staff members in the Second Judicial District Court Clerk’s Office recently earned compliments from members of the public for providing outstanding customer service.

Those employees, who all happen to work in the Civil Division of the clerk’s office, are:

• Patricia Serna
• Sandy Stegeman
• Catherine Chavez
• Dragica "Dora" Bozovic
• Shellene Romero

All showed extreme patience and caring attitudes in helping customers navigate the court system.

One pro se litigant said Patricia Serna was “absolutely wonderful in helping me sort through my mess and put it all in order.”

Another customer praised Sandy Stegeman for not giving up when the initial search for information on a case proved difficult. “I am beyond grateful to her for making my life so much easier today,” this customer said. “She was extremely patient, and it is obvious that she cares about her job.”

A customer who was shaken up after receiving a court summons had similar words for Dragica "Dora" Bozovic. “I was not sure what to do when I received the summons,” the customer said. “Dora was so nice and pleasant in explaining things to me. She did not rush me; I just wanted to put in a good word for her.”

Catherine Chavez was especially nice and professional in offering assistance, according to a citizen who contacted the clerk’s office by telephone.

A retired police officer who said he has dealt with court clerks around the country said Shellene Romero provided the best customer service he has ever received in any court setting. “You need to be sure to keep her,” he said.

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program will host a Law-La-Palooza free legal fair of the year on Thursday, May 2, 2019.  The event will take place at the Alamosa Community Center, 6900 Gonzales Rd., SW in Albuquerque, 3:00 PM to 6:00 PM.  

These free legal fairs are designed to help low-income people and families facing a wide range of legal issues, including divorce, custody, bankruptcy, contracts, landlord/tenant, creditor/debtor, child support, kinship/guardianship, wills, probates, personal injury, powers of attorney, public benefits, unemployment, immigration, SSI/SSDI, IRS tax issues foreclosure, and name changes. 

The District Court’s Pro-Bono Committee—currently chaired by Judge Jane C. Levy—has been hosting Law-La-Paloozas each year since 2010. Over that time, roughly 8,000 individuals—about 1,000 each year—have gotten help with their legal problems at these events. 

“The Law-La-Palooza is a wonderful resource for our community,” Judge Levy said. “Lawyers and court staff volunteer their time and our community is able to get meaningful help and direction with their legal issues.”  

Law-La-Palooza participants can speak with an attorney or legal expert about the legal issues they are facing.  Volunteers include attorneys, judges, court staff, and law students.  Interpreters and bilingual attorneys will be on site.  Help is offered on a first-come, first-served basis. 

For more information, visit www.vapnm.org. 

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In Plato’s Allegory of the Cave, Plato describes a group of people who have lived chained to the wall of a cave all of their lives, facing a blank wall. The people watch shadows projected on the wall from objects passing in front of a fire behind them, these shadows are the prisoners’ reality. One day the prisoners manage to break out of their shackles and discover the true reality around them. Before my externship  at the Second Judicial District Court (SJDC), my view of the law and the legal profession was like that of the prisoners, merely shadows of the true reality. Throughout my externship at the SJDC, I became “unshackled” and my understanding of what the law truly was began to take form. 

Whether it was discussing the “political thicket” in Baker v. Carr with the Court Executive Officer, analyzing bills in the current legislative session for the Court’s General Counsel, or witnessing closing arguments in high-profile cases, my experience at the SJDC was invaluable. Although in the classroom students are taught the law and provided examples on how it would apply, nothing compares to being fully immersed in one of the busiest district courts in the state. From employment law to the rules of evidence, I was able to see real world (insert cave pun here) application of previously bewildering legal concepts. Additionally, this judicial externship provided me with a complete rotation of the various divisions of the Court (Family, Civil, Criminal, and Children’s Court), an experience I believe every law student should have. I was given an opportunity to expand my love for constitutional and employment law, while also discovering a new love for criminal and family law. 

Although I gained a plethora of knowledge on the law in the various divisions, I believe the greatest gift this externship gave me was the knowledge of the legal profession and how to treat others in the legal community. The way the SJDC not only treats its staff, but the public at large, is nothing short of extraordinary. Everyone at the Court has the best interests of the community at heart, providing a perfect reminder of why I decided to pursue my dream of becoming an attorney in the first place, to help others. With this new outlook on life and the law, I am now prepared to explore this amazing new world!

Richard Azar served his judicial externship in the Second Judicial District Court during the Spring Semester of 2019. He will start his third year of UNM Law School in the fall. 

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A delegation from Afghanistan—including a prosecutor and a police officer—visited the Second Judicial District Court in April as part of a trip to learn how U.S. courts handle domestic violence cases.

The group—which also visited courts in Baltimore, Cincinnati and Detroit—hopes to find best practices that they can apply  in Afghanistan’s judicial system. Global Ties ABQ, a non-profit organization the works to foster ongoing relationships between Albuquerque residents and international visitors, sponsored the Albuquerque trip. 

At the Second Judicial District Court, the Afghan delegation observed a domestic violence hearing and then shared their impressions with the hearing officer, Rosemary Traub, and Family Court Presiding Judge Debra Ramirez over lunch.

Interpreters facilitated the conversation. The prosecutor, Abdul Haq Anabia, said having a judge or hearing officer render a decision in a domestic violence case is a stark contrast from the process in Afghanistan, where all domestic violence such cases are resolved through mediation. 

Judge Ramirez said culture plays a role in the different manners in which courts handle domestic violence cases in the U.S. versus Afghanistan.

“In Afghanistan, the focus is always on reuniting the family,” Judge Ramirez said. “In the U.S., even though we like to see families work out their differences and remain together, there are times when we consider it appropriate to draw a line and say reunification is not possible—and that line is when violence is occurring.”

Despite the differing approaches, both the Afghanis and their American counterparts agreed their overriding goal is to decrease incidents of domestic violence.  Haq Anabia said the mediation process in Afghanistan offers families support to help curb violence.

“Overall, we are trying to decrease violence against women in Afghanistan,” said Gita Qaderi, a female police officer in Kabul.

Qaderi also expressed appreciation for the number of programs in the U.S. that promote awareness of domestic violence and offer services and resources for survivors. “We need to have more programs that build awareness,” she said. “I am hoping to go back and focus on such programs.” 

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Self-represented parties working through family law issues such as divorce, child custody and timesharing have a chance to settle their cases free of charge at the Second Judicial District Court’s Peter H. Johnstone Pro Se/Pro Bono Mediation Day.

On Friday, April 12, 2019, roughly 65 to 70 family law attorneys will be at the Second District Courthouse serving as volunteer mediators for parties who want to resolve their differences through negotiation rather than litigation.

The Second District Court has been hosting the Pro Bono Family Law Mediation Day for several years. Peter H. Johnstone, a family law attorney in Albuquerque, was one of the early organizers, and the event was named in his honor following his death in 2013.

Meredith Johnstone, Peter’s daughter who also is a family law attorney, said this day represents two of her father’s firm beliefs:

“My dad was very much a supporter of Pro Bono services, and as I worked with and learned from him, he made sure that I supported those types of services as well,” Meredith Johnstone said. “He also believed that having attorneys work in collegial fashion actually improved the level of service they provided to clients. That is why I love this day so much. It brings the family law community together around those two ideas.”

On average, 80% of the parties who participate in Peter Johnstone Day reach a full settlement of their cases by the end of the mediation session. Typically, an additional 10% to 15% reach at least a partial settlement.

“It’s always better—especially when children are involved—for parents to resolve issues on their own terms, rather than have solutions forced on them by the court,” said Judge Debra Ramirez, Presiding Judge of Family Court. “We are fortunate to have attorneys in our community who are willing to help people who can’t afford legal representation find creative ways to resolve their cases.”

There two requirements for parties wishing to participate in a Peter H. Johnstone Pro Se/Pro Bono Mediation event:

        • Neither party can be represented by an attorney.
        • Cases must be referred by the Family Court.

Parties can be referred to the event by submitting a request to the judge presiding over a current case, or by making the request when opening a new case. The court’s Center for Self Help and Dispute Resolution can provide information for how to submit those requests for future Peter Johnstone Day events.

The Center for Self Help and Dispute Resolution is located on the first floor of the Second Judicial District Courthouse at 400 Lomas Blvd., NW, in Albuquerque. The center is open 9:00 AM to 4:00 PM Monday through Friday.

The Center for Self Help and Dispute Resolution can be reached by telephone at 505-841-6702.

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Assisted outpatient treatment (AOT) is a civil court ordered program of delivering community-based treatment to adults with serious mental illness who are found by a judge, in consideration of prior incarcerations or hospitalizations, to be unlikely to adhere to prescribed treatment on a voluntary basis. It is a 2-way commitment that requires treatment providers to serve individuals at the same time it commits individuals to adhere to their treatment plans. Through the ritual of court hearings and the symbolic weight of a judge's order, AOT seeks to leverage a "black robe effect," motivating the individual to regard treatment adherence as a legal obligation.

Funded by a four-year grant with the Substance and Mental Health Services Administration (SAMHSA), the City of Albuquerque’s AOT Program will serve a maximum of 60 individuals in the first year. Referrals for this program will primarily be from inpatient hospital facilities (Petitioner), such as the University of New Mexico’s Psychiatric Center and Kaseman Hospital. This program provides psychiatric and intensive comprehensive case management services, as well as monthly sessions with a judge to individuals with serious mental illness (Respondents) ordered for treatment by the Second Judicial District Court. The AOT case manager monitors the participant’s progress and compliance with the treatment plan in accordance with the court order. The AOT case manager reports to the court on the client’s condition and attends all court staffings and hearings.

The City of Albuquerque (City), through the Department of Family and Community Services, invites attorneys to submit letters of interest/proposals in accordance with specifications found at http://www.cabq.gov/family/news/seeking-contract-attorneys-to-support-assisted-outpatient-treatment to establish a pool of qualified attorneys available to provide cost-effective, competent representation in the Assisted Outpatient Treatment (AOT) Program in the Second Judicial District consisting of Bernalillo County. The City is seeking attorneys to provide legal representation of Petitioners and Respondents as independent contractors. The City will select a pool of attorneys whose proposals indicate that they meet all of the minimum qualifications and requirements contained within the Request. All services will be performed in conjunction and in association with the AOT Program. Cases will be assigned to Respondent’s counsel following the filing of a petition in the Second Judicial District Court, for those clients requesting representation. Offerers must be in good standing to practice law by the New Mexico Supreme Court, and an active member of the Bar. Proposals submitted pursuant to this Request will be accepted by the City on an ongoing basis until further notice in order to maintain a current listing of pre-qualified attorneys available to perform services for the AOT Program. The City will endeavor to review each proposal and respond to the Offeror within thirty (30) days of receipt of the proposal. A proposer who meets all of the City’s minimum qualification and requirements will be added to the pool of attorneys available for the assignment of work. Please contact Ellen Braden, Division Manager, Behavioral Health and Wellness with questions at (505) 768-2788 or ebraden@cabq.gov.

More than 3,600 times last year alone, someone involved in a Second Judicial District Court proceeding needed spoken words or written text interpreted from English into their native language.  Each time, Court Interpreter Supervisor Rosa Lopez-Gaston was responsible for making sure it happened.

Her near-perfect record of getting interpreters to the right places at the right time—while also handling interpreting duties of her own—helped Rosa win the Second Judicial District Court’s 2018 Distinguished Performance Award. 

Rosa is a perfect fit for her job. She is a native Spanish-speaker with a bachelor’s degree in Latin American history and master’s in International Relations. She was working at the University of New Mexico when she decided to take the exam to become a certified interpreter. 

She started as a freelance interpreter in district court in 2001, and immediately took to the job. 

“I loved having a job that helps people,” she said. “I also found the court system to be extremely interesting.”

Rosa became a part-time court employee in 2003. She was named full-time Supervisor of Court Interpreter Services in 2005. Over that time, the number of languages she has to find interpreters for has grown to more than 30—ranging from sign language to Navajo, Russian and Arabic.

It can be a challenge at times because the number of interpreters is limited, and there are other courts and agencies also vying for their services. Still, Rosa has never failed to meet the challenge. She modestly gives the credit to others. “I have a great team of freelancers who are extremely flexible and always willing to help,” she said.

James Noel, the Second District Court’s Executive Officer, recognizes the vital role Rosa has at the Second Judicial District Court. “Rosa’s job is not easy, but it is essential,” he said. “This court would be at a complete standstill without Rosa and her selfless dedication to serving the court and the community.”

The Second Judicial District Court collaborated with the City of Albuquerque to secure funding for a specialty court in which the University of New Mexico’s Psychiatric Center (“UPC”) can request court-appointed outpatient treatment and support for individuals with a serious mental illness.
The funding for this new Assisted Outpatient Treatment (AOT) court is a federal grant from the Substance Abuse and Mental Health Services Administration.  
A 2016 state law allows municipalities and counties to use the civil court system to supervise care for people with a serious mental illness who meet specific legal criteria, which include a history of hospitalization, incarceration or violence, and difficulty maintaining their treatment. The goal of AOT is to ensure participants maintain treatment, thereby reducing the incidence and duration of psychiatric hospitalization, homelessness, incarcerations, and interactions with law enforcement and the criminal justice system.

The specialty court embraces the principles of therapeutic jurisprudence as a means of best ensuring the dignity of the participants. “For now, the program will focus on patients who are leaving the hospital after an involuntary commitment,” said District Judge Beatrice Brickhouse, who is the primary SJDC judge involved in AOT. “In addition to UPC, we plan to expand to other inpatient facilities, such as Lovelace and Kaseman Presbyterian hospitals, as well as community referrals, such as family members.” 

“The Second Judicial District Court and its partners will continue to work closely with providers, disability rights advocates, family members, and consumers to ensure AOT is effective, fair, and respectful to all involved,” said Chief Judge Stan Whitaker.
Program participants will collaborate with service providers to develop individualized treatment plans and receive 24-hour access to services and support. Specialized assertive community treatment teams or intensive case management would then follow up to check on participants, link them with services, and monitor the court-ordered treatment. “We are going to add a level of intensity to try to reduce mental illness crises and repeated hospitalizations,” said Denise Lin, M.D., Medical Director of Inpatient Services at UPC.  Services may include mental health treatment, medication, substance abuse counseling, benefits assistance and other resources such as supportive housing, vocational rehabilitation, and family member support.
“The Court’s AOT program will implement evidence-based practices that will focus on early intervention to improve outcomes for individuals with critical mental health issues,” said Chief Judge Whitaker. “This specialty court is a resource to the community and is recognized as an evidence-based practice by the National Institute of Justice, Office of Justice Programs; the Substance Abuse and Mental Health Services Administration; and the Agency for Healthcare Research and Quality.  Its use is also endorsed by the American Psychiatric Association, American College of Emergency Physicians, International Association of Chiefs of Police, National Sheriffs’ Association and National Alliance on Mental Illness.”

Second Judicial District Launches Specialty Court for Individuals with Serious Mental Illness- .PDF Version

The Honorable Stan Whitaker is the new Chief Judge of the Second Judicial District Court, following a unanimous vote by his colleagues on the bench.

Judge Whitaker began his term as Chief Judge on January 1, 2019, succeeding the Honorable Nan Nash, retired from the bench on December 31, 2018. 

“It was not easy for me to decide to leave a place where I have worked with exceptionally dedicated and hardworking people for more than 25 years,” Judge Nash said. “I am tremendously proud of the Court’s commitment to the rule of law and the initiatives this Court has undertaken during my tenure as Chief Judge. I know the Second Judicial District Court will be in good hands under Judge Whitaker’s leadership.”  

Judge Whitaker serves in the Second Judicial District Court’s Criminal Division. As Chief Judge, he has administrative authority over all court operations. 

“The Court’s staff has had an excellent relationship with Judge Whitaker over the years. He has demonstrated his commitment to making this court the best it can be, both as a place to work, and as an institution that serves the public,” said Court Executive Officer James Noel. “We look forward to working with Judge Whitaker as our new Chief Judge.”    

A Distinguished Legal Career

Judge Whitaker is a graduate of Albuquerque’s Sandia High School, where he met his wife of 39 years, Barbara. The Whitakers have two adult daughters.

Second Judicial District Court Chief Judge Nan Nash will retire on December 31, 2018. It marks the end of a 25-year career with the court that started when then-attorney Nan Nash was hired as part-time director of Court Alternatives. Judge Nash has held many positions with court, including Special Commissioner of Domestic Violence and Child Support Hearing Officer. Former Governor Bill Richardson appointed Nan Nash to the Family Court bench in 2003. She joined the Civil Division in 2007. Her colleagues elected her Chief Judge in April of 2014. Before officially stepping down, Judge Nash took some time to reflect on what has been a truly outstanding public service career.

Question: What initially sparked your interest in the legal profession and eventually the judiciary?

Judge Nash: I was not one of those people who always wanted to be a lawyer. In fact, growing up I do not even recall knowing any lawyers. I graduated from Indiana University with a degree in environmental biology. Then one day I found myself a divorced single mom in need of a way to support two kids who were 4 and 5 years old at the time. Given my strong communications and writing skills, law school seemed like a good idea. I was accepted to the Indiana University Law School. When I graduated, I went to work as a deputy city clerk. I also worked for the Bloomington City Council. However, I had lived out west a few years earlier, and knew I wanted to come back. I applied for jobs in Albuquerque and got an offer from a law firm here.

My then new husband, David, and I decided to make that move. I worked at that law firm for five years, doing primarily insurance defense work. I learned a lot, but I never really thought that was the right path for me. I started looking for other opportunities and saw an ad in the Bar Bulletin for a part time Director of Court Alternatives at the Second Judicial District Court. That was like an epiphany for me. I applied for the job and got it, and that started my 25-year career at this court. The part-time job as Director of Court Alternatives eventually became full time. I later became a Special Commissioner for Domestic Violence and a Hearing Officer in Family Court. After doing that a while, I thought it would be interesting to be a judge. I applied for an open seat on the Family Court bench and was appointed by Governor Bill Richardson in January of 2003.

Question: What is it like to be the Chief Judge of New Mexico’s largest and busiest district court?

Judge Nash: When I first took my seat on the bench after being a court staff attorney and a hearing officer, I discovered that being a judge entailed so much more than I had ever imagined. I had a similar experience upon becoming Chief Judge. I was fortunate to have come up through the ranks. That gave me an understanding of court operations. I was thankful for the opportunity to help shape this court. However, I encountered some unexpected challenges as Chief Judge. I had been a judge in Family Court and in the Civil Division. I was somewhat surprised about the level of media interest in criminal cases, as well as the level of criticism there would be of the court.

Question: Reflecting on your twenty-five years of service with the Second Judicial District Court, can you tell us about the role of the judiciary in our democracy and trends you have seen in this area?

Judge Nash: I have been reading the biography of Alexander Hamilton, who was one of the Founding Fathers who fought for an independent judiciary. The judiciary has an important role in providing checks and balances for other branches of government as well as providing an orderly way of resolving disputes among citizens. Current trends related to the judiciary in today’s society are concerning. The clamor for judges to respond to public opinion is a threat to the independence of the judiciary. It is a problem when the Chief Justice of United States Supreme Court feels compelled to step out of his role to respond to comments made by the President. Granted that is not the first time an elected official has tried to exert influence over the judiciary. That is a unique part of our democracy. Every citizen has First Amendment rights. However, if the judiciary does succumb to making rulings in response to public opinion, that would be a tragedy for our society and system of government.

Question: What are the proudest accomplishments of your career?

Judge Nash: There are a number of things I am proud to have been a part of over my 25 years with this court. Starting with my tenure as Director of Court Alternatives, where we built and strengthened many of the Court’s Alternative Dispute Resolution programs. I also am proud to have been a part of this court’s first Drug Court team, which was the first treatment court in New Mexico. In the Domestic Violence Division, Judge Whitaker and I—while serving as Special Masters—developed a pilot program for emergency orders of protection. We were appointed by the New Mexico Supreme Court to co-chair a judicial task force to standardize orders of protection. As presiding judge of Family Court, I helped develop and strengthen the Self Help Center, which has given citizens greater access to the justice system. As a judge in the Civil Division, I am proud of my decision in a case involving physician aid in dying. Even though the State Supreme Court ultimately reversed my decision, I believe I was right in recognizing a person’s right to seek the end of their suffering by choosing to have a physician’s aid in dying.

Question: What would you like the public to know about how courts work, and the responsibilities of being a judge?

Judge Nash: A judge’s job is to give all parties equal consideration in every case before them, and to render unbiased decisions in a timely manner. The public sometimes does not understand that. They also sometimes have difficulty understanding how difficult it is for judges to make decisions. Many factors come into play in almost every case. Some citizens choose to represent themselves; some lawyers do a better job of arguing cases than others. Judges have to overlook those things and apply the law to the facts of the case. That takes a lot more strength and steadfastness than most people realize.

Question: What do you think you will miss the most about being a judge?

Judge Nash: Being a part of shaping the court and by extension having a positive impact on the community. I also have become extremely close to my colleagues in the court. I will miss the camaraderie with my fellow members of the bench, as well as the court staff.

Question: What parts of the job do you think you will miss the least?

Judge Nash: Waking up in the middle of the night worrying about a court policy or thinking about a case. I will not miss the resistance to reform that we have encountered. I realize there will always be resistance to change, especially in a system like the courts, which typically moves at a glacial pace. However, I think a lot of the resistance we encountered was based in fear, and lot of that fear was due to the intense public scrutiny the court is always under. I definitely will not miss that scrutiny.

Question: What words of wisdom would you impart to attorneys just joining the profession?

Judge Nash: I would tell them two things. The first was imparted to me when I was new attorney. That is once established, a poor reputation is very hard to overcome while a good reputation, once established is fairly easy to maintain. The second thing I would tell them is that the flexibility that this profession provides is an incredible gift. If you are not finding satisfaction in the area in which you are currently working, do something different until you find that satisfaction.

Question: What are you looking forward to doing the most in your retirement?

Judge Nash: Not having so much on my plate. While serving a Chief Judge the past four and a half years, many things I did regularly have gone away. I am looking forward to hiking, biking, traveling, playing and listening to music, and of course spending more time with my three grandchildren.

Question: Is there anything else you would like to say?

Judge Nash: Courts, in general, are progressive institutions that seek to increase every citizens’ access to justice. That certainly is what this court is about, and I am extremely grateful to have worked here with so many wonderful people.

Second Judicial District Court employees and members of the public showed great generosity in donating to local community service groups through the Court's third annual Giving Tree Project.

Representatives from the four agencies accepted hundreds of gifts during a handoff ceremony at the District Court’s main building on Thursday, December 20, 2018.

The four charitable organizations are:

• APS Title I Homeless Project, which collected toiletries (soap, shampoo, tooth paste, tooth brushes, deodorant, grooming supplies, etc.) for homeless students through the age of 18;
• New Mexico Veterans Integration Center, which is accepted clothing for veterans;
• New Mexico Kids Matter, (formerly known as Court Appointed Special Advocates (CASA), which collected clothing and toys for kids who are in foster care due to family court situations; and
• Animal Humane New Mexico, which collected food, bedding, and other items for companion animals in need.

The agency representatives thanked the court for sponsoring this project, which provides much needed support for these organizations during the holiday season.

“When I think about my own children, they have a lot of support and receive a lot of gifts at Christmas,” said Eric Martinez with New Mexico Kids Matter. “The kids we serve don’t have that level of support. Many of them are separated from their families, and they are told “no” a lot. To have a chance to receive gifts like this will be tremendous for them.”

In addition to sending people to the gift exchange, Animal Welfare New Mexico also brought Mindy, a lab mix who is available for the adoption. The agency also set up a table with information on more of its adoptable pets.

If you would like to donate to, or just learn about these organizations, follow the links below to their websites.

Albuquerque Public Schools Title I Homeless Project

New Mexico Veterans Integration Center

New Mexico Kids Matter

Animal Humane New Mexico

For the third consecutive year, the Second Judicial District Court has organized a Giving Tree Project. The court has placed trees at three different locations:

• The main courthouse, 400 Lomas Blvd NW;
• The Juvenile Justice Center, 5100 2nd Street NW; and
• The offices of the Judicial Diversion and Supervision Division, 401 Roma, NW.

These sites are collection points for items that will go to the four charitable organizations that are collaborating with the court for this year’s Giving Tree Project. Those charitable organizations are:

• APS Title I Homeless Project, which is collecting toiletries (soap, shampoo, toothpaste, toothbrushes, deodorant, grooming supplies, etc.) for students through the age of 18;
• New Mexico Veterans Integration Center, which is collecting clothing for veterans;
• Court Appointed Special Advocates (CASA), which is collecting clothing and toys for kids; and
• Animal Humane New Mexico, which is collecting food, bedding, and other items for companion animals in need.

Members of the public may drop off non-cash donations (no gift cards either) at any of the court locations through December 19, 2018. Court officials will host a brief ceremony to hand over donations to the charities at 10:00 AM Thursday, December 20, 2018.

It started as a pilot program in Sandoval County District Court with one paid staff member assisted by a group of interns. Five years later, the Family Advocacy Program is a joint initiative of the Second and Thirteenth Judicial Districts and the Administrative Office of the Courts. It also has full paid staff in Sandoval, Valencia and Bernalillo Counties.
Along with this growth, the program is garnering recognition for outstanding work. This past August, the State Bar of New Mexico named it Outstanding Program for 2018. A month later, the U.S. Department of Health and Human Services awarded the program a $7.7 million grant that will enable its expansion into San Juan and McKinley counties.
The Family Advocacy Program uses a multi-disciplinary team approach to representing parents in juvenile abuse/neglect proceedings.   
The team—consisting of an attorney, social worker and peer mentor—works to help the parents make the necessary changes to reunite with their children and maintain a stable, healthy lifestyle going forward.
Since its July 2013 inception, the program has supported 101 cases, involving 47 parents and 205 children. So far, 82 of those cases have been closed, with only four resulting in new cases being opened against the same parents.
Program director Dominica Sisneros-Montano, a licensed master social worker, said the program works because “we take the time to engage with clients as humans and do in-depth case management.”
That engagement includes social workers accompanying clients to court hearings and visits with their children. Program social workers also help clients fill out paperwork to get counseling or other services needed to make the lifestyle changes judges want to see before reuniting parents with their children.
“The quality of our work is intense,” Sisneros-Montano said. “We are helping people navigate the legal system and mentoring them so they can become better parents. The result is happier, more stable families, which is good for the entire state.”
The State Bar of New Mexico and the Department of Health and Human Services are not alone recognizing the program’s positive impact. The American Bar Association asked the program to develop a training model that courts in other jurisdictions can use to establish similar programs. In addition, the program’s social workers were invited to serve on the Steering Committee of the ABA’s National Alliance for Parent Representation, the only national legal organization dedicated to improving legal representation for parents in child welfare cases.
“All of this recognition is a result of our evidence-based practices and performance data,” Sisneros-Montano said. “We are showing fast time to family recovery, lower rates of termination of parental rights, and higher rates of guardianship.”
Court officials are excited about the program’s potential, especially in light of the federal grant. “In awarding this grant, the federal Department of Health and Human Services is recognizing the program’s success and expressing confidence that we can do even more to improve the health and well-being of more New Mexico families," said Marie Ward, presiding judge of the Second Judicial District’s Children’s Court Division.
“AOC hopes to take the program statewide if it continues to show success,” said AOC Director Artie Pepin. “The grant funding will permit courts to hire additional social workers and parent mentors to serve more clients, provide training and develop a database to help in evaluating how well the program is working.”

Court’s Family Advocacy Program Earns State Bar Award, New Federal Grant  - .PDF Version

A person experiencing a mental health crisis is more likely to be arrested than referred to treatment, and time in jail often worsens the mental health condition, according to research by the National Alliance on Mental Illness.
New Mexico Courts are taking concrete steps to address their communities’ mental health needs. The Third Judicial District Court launched an Assisted Outpatient Treatment (AOT) Program in partnership with Doña Ana County, with federal funding from the Substance Abuse and Mental Health Administration.

Under the program, started in July 2017, a district court judge can order individuals involved in civil proceedings to participate in a structured treatment program developed by a local behavioral health provider. Court and county officials expect the program to reduce the number of people hospitalized or incarcerated due to mental health issues.
The Second Judicial District Court is teaming with the City of Albuquerque and UNM’s Health Psychiatric Center to pilot an AOT court.

In anticipation of a fall launch, a delegation from the District Court and the city recently traveled to Ohio to observe two established court-ordered outpatient treatment programs. “With New Mexico’s recent enactment of assisted outpatient treatment legislation, it is important that we have this opportunity to observe how other state courts have implemented court-ordered treatment programs,” said Second Judicial District Judge Beatrice Brickhouse.

“It was extremely helpful to observe both the court’s role in this process and the actual interactions between the judge and the participant,” said Ellen Braden, who manages the City of Albuquerque’s behavioral health and wellness division. “In Ohio, the judge’s engagement with the participants clearly supports the individual’s recovery.”   
 Hospital-Based Hearing Room  
The Twelfth Judicial District Court is taking an innovative approach to serving individuals with mental-health related issues.
In April of this year, judges in the Twelfth Judicial District began hearing cases in a hearing room housed inside the behavioral health wing of the Gerald Champion Regional Medical Center in Alamogordo.
The judges participate in an alternating monthly schedule that has a judge conducting hearings at the hospital each week. The district’s four judges share in the rotation to help ensure the success of this model.  
The Gerald Chapman Regional Medical Center opened the behavioral health unit in Alamogordo in 2016. It provides in-patient services to individuals from around the state. Community, justice partner stakeholders and advocacy groups have joined forces to share ideas and find solutions for people with mental health-related issues.
The hospital-based hearing room is the latest of these ideas.
“The outcome has meant more efficient and timelier case resolution practices, as well as a more constructive and less disruptive judicial process for individuals who may be in need of a treatment guardian, involuntary commitment or a guardian/conservator appointment,” said Court Executive Officer Katina Watson.

District Courts Tackling Mental Health Issues - .PDF Version

On September 17, 1787, delegates to the Constitutional Convention met to sign the document they had spent the previous four months drafting.

That document, the U.S. Constitution, outlines the basic structure of our nation’s government. The first three articles of the constitution identify three co-equal branches of government with separate and distinct powers and responsibilities.

The Constitution outlines the separation of powers: the Legislative branch makes law; the Executive branch executes the law; and the Judicial branch interprets and applies the law.

September 17th of each year is designated Constitution Day in acknowledgement of the day our current government was formed. This year, as we mark the 231st anniversary of the Constitution’s signing, we should reflect on the true role of what is commonly referred as the third branch of government—the Judiciary.

The framers of the constitution sought to make the Judiciary an independent branch of government that could go about its work of interpreting laws and settling legal disputes without having to consult members of the other branches of government—or survey public opinion—before making decisions. The desire to keep the Judiciary free from such influences is why U.S. Supreme Court Justices—once appointed by the President and confirmed by the Senate—serve life terms.

By contrast, State Court Judges do not serve life terms. They typically are elected to the bench and face retention elections every six years. Still, they are fair and impartial arbiters of the law, carrying out their duties without regard to political whim or popular opinion.

Differences between Branches of Government

Members of the executive and legislative branches, at both the federal and state levels, regularly interact with lobbyists and members of special interest groups. They also are likely to review public opinion polls and news stories when deciding what position to take on a particular law or policy. The members of those branches of government are elected to represent the public; they require public input to do that properly.

The Judiciary plays a different—but very important—role in our Constitutional form of government.

The Judiciary is not a political or representative branch of government. Its duty is to uphold the law, and make decisions in accordance with the law, even when those decisions go against popular opinion. Judges resolve disputes based on the law and the facts presented in individual cases.

The Judiciary also is the branch of government that protects the civil rights and liberties granted to all citizens within the Constitution. Part of that job is ensuring that the other branches of government recognize the limits of their powers.

Sometimes, making an unpopular decision will cause members of the public to label a judge a liberal or a conservative. In extreme cases, as we have seen recently in New Mexico, judges have been threatened with bodily harm by people who disagree with their decisions.

Judges know they are bound to follow the laws of the land—the U.S. and State Constitutions, as well as state and federal laws. They also must adhere to rules of court procedure and a judicial code of conduct, which strictly forbids letting personal feelings enter into their decision making.

William H. Rehnquist, a former U.S. Supreme Court Justice stated: “A Judge is bound to decide each case fairly, in accord with the relevant facts and applicable law, even when the decision is not the one the home crowd wants.”

That is exactly how the framers of the Constitution expected judges to behave when they laid out the structure of our current form of government 231 years ago. The framers, in essence, charged the Judiciary with protecting our constitutional rights. We should remember that not just on Constitution Day, but every day.

Children’s Court Hosting National Adoption Day

Judges from the Second Judicial District Court and Albuquerque-area children’s law attorneys are volunteering to process a group of adoptions on Saturday, November 17, 2018, completing the parent-child relationship with their forever families.

Albuquerque Mayor Tim Keller and the Bernalillo County Commission are expected to issues proclamations declaring, Saturday, November 2018 National Adoption Day in the Metro area.

The Second Judicial District Children’s Court has participated in National Adoption Day since 2013. The number of adoptions processed during these events typically range from 40 to 50.  However, the court, in the course of its normal work, has completed more than 3,000 adoptions over the years. 

“Being adopted into a permanent home is a dream come true for hundreds of children in New Mexico,” said Children’s Court Presiding Judge Marie Ward.  “We work to make that dream a reality throughout the year, but National Adoption Day allows us to come together as a community and see the joy in the faces of adopted children and their families. It also is a chance to inspire some people who may not have considered it before to open their hearts and homes to some children still waiting to be adopted.” 

Adoption Day 2018 PDF

• Identify the documents needed for each individual
• Review documents brought to the Fair to ensure they meet REAL ID requirements
• Inform individuals if they need additional documents 
• Assist in filling out REAL ID application forms
• Provide referrals for legal representation in court, if it is required.  

Members of the Second Judicial District Veterans Court team took up Albuquerque Mayor Tim Keller’s challenge to help prevent suicide among service members, veterans and their families.

The group staffed a table to conduct outreach to veterans during the event that took place on Tuesday, September 4, 2018 at Albuquerque’s Civic Plaza. “We just want to let the public know that there is a Veteran’s Court,” said Calvatrina Kinsel, a pre-trial services officer for Veterans Court. “A lot of people don’t realize this is an option. We are providing information about the court. We also have referral forms that people can fill out to find out if they are eligible to participate in the Veterans Court program."

The Second Judicial District Court launched the Veterans Court program in November 2011, with a goal of rehabilitating—instead of incarcerating—veterans charged with certain felony-level crimes. More than 60 individuals have successfully completed the program. The vast majority of those individuals have never commit another crime.

The court started the program because judges realized that many of the veterans appearing in court were dealing with substance abuse and/or mental health issues that very likely were underlying causes for the behavior that led to their arrest.

Upon acceptance into the program, participants are supervised by the District Court’s Judicial Supervision and Diversion Programs unit. Staff members from that unit guide participants through the program’s five phases, all of which include some level of treatment tailored to the individual veteran’s needs.

The program seems to work well for veterans because much of the therapy and counseling is done in-group settings, which allows veterans to form bonds and support one another in much the same way they did as part of military units. 

The Veterans Court team also works with individuals from other agencies, including the District Attorney’s office, which much sign off on defendants entering this program rather than face immediate prosecution. Final dispensation on the defendants’ cases comes after they complete the 18- to 24-month program. Defendants who fail to complete the program go back to regular court for prosecution of their cases.

Camila Lopez, an outreach worker with the U.S. Department of Veterans Affairs, joined the Veterans Court Team at the Mayor’s Challenge event. She goes into jails to look for inmates who would be viable candidates for Veterans Court. To enter to the program, a veteran must be willing to undergo the rigorous counseling the program requires, as well as meet other eligibility requirements.

Defendants charged with violent crimes resulting in death or great bodily harm, sexual offenses, crimes against children or a 5th DWI are automatically excluded from the program.

Representatives of the Second Judicial District Court and the City of Albuquerque recently traveled to Ohio -- Butler County in southwestern Ohio and Summit County in northeastern Ohio, to observe two established court-ordered outpatient treatment programs. The programs are designed to assist people with serious mental illness (who have not been charged criminally) transition out of hospitals and back into their communities with the support and services they need to take an active role in their recovery and avoid repeat hospitalizations or incarcerations.

The Albuquerque delegation got an in-depth look at how the Ohio programs work, from observing court hearings and meeting with judicial staff, to visiting an inpatient psychiatric center and speaking with members of a treatment team.

“With New Mexico’s recent enactment of assisted outpatient treatment legislation, it is important that we have this opportunity to observe how other state courts have implemented court-ordered treatment programs,” said Second Judicial District Judge Beatrice Brickhouse.

“It was extremely helpful to observe both the court’s role in this process and the actual interactions between the Judge and the participant. In Ohio, the judge’s engagement with the participants clearly supports the individual’s recovery,” said Ellen Braden, Division Manager for Behavioral Health and Wellness, Department of Family and Community Services.

The Second Judicial District Court, in partnership with the City of Albuquerque and the UNM's Health Psychiatric Center, will launch its pilot assisted outpatient treatment court this fall.

The Second Judicial District Court would like recognize Judge Elizabeth Whitefield, who passed away on August 11, 2018.

Judge Whitefield retired from the Family Court bench in 2016, but she continued to serve the Court in a volunteer role—doing everything from presiding over hearings to processing paperwork—until just before her death.

Judge Whitefield displayed that level of commitment to service throughout a long and distinguished legal career that began with her graduation from the UNM School of Law in 1977.

While making her own mark in the legal profession, Judge Whitefield also helped open many doors for other women lawyers. She specialized in family for nearly thirty years, first with the late Willard F. (“Bill”) Kitts and then with the law firm of Keleher & McLeod, where she became the first female shareholder and first female member of the Executive Committee. She also was one of three co-founders of the New Mexico Women’s Bar Association.

Judge Whitefield’s legal work and community service earned her many awards, including:

•    The UNM School of Law Distinguished Achievement Award in 2015
•    The Albuquerque Chamber of Commerce Spirit of Service Award in 2016
•    The Albuquerque Bar Association Outstanding Judge of the Year Award in 2016
•    The Justice Pamela B. Minzer Professionalism Award from the State Bar of New Mexico in 2017.

Gov. Bill Richardson appointed Judge Whitefield to the District Court bench in 2007.  Her family law background served her well on the Family Court bench, as she looked for ways to improve the court’s operations. Along those lines, Judge Whitefield was instrumental in establishing the court’s Peter H. Johnstone Day, an annual event at which couples without legal representation can resolve their cases through free mediation sessions with volunteer attorneys. The Court launched Peter H. Johnstone Day in 2012, and just this year alone more than 50 couples resolved their cases at that event.

Current Family Court Judge Deborah Davis Walker said Judge Whitefield’s legacy is that she “was always looking for a better way to help people get through the system without putting their kids in the middle. She was a proponent of mediation and facilitation and just resolving cases in a more reasonable way.”

Chief Judge Nan Nash said of Judge Whitefield, “she loved the law, she loved being a judge and she loved the District Court.”

The District Court staff also loved Judge Whitefield, and she will be sorely missed. A Memorial Service for Judge Whitefield will be on Friday August 31, 2018 at 2:00 p.m. at Albuquerque Country Club 601 Laguna Blvd SW, Albuquerque, NM 87104.

(Denver, Colo.) – The Honorable John J. Romero, Jr. of the Second Judicial District Court, Children's Court Division in Albuquerque, N.M. was sworn in as 2018-2019 president of the National Council of Juvenile and Family Court Judges (NCJFCJ) at the NCJFCJ 81st Annual Conference. He is the first president representing New Mexico in the organization’s 81 years.

"The NCJFCJ has been fortunate to have Judge Romero's active influence in addressing domestic child sex trafficking issues and the collaboration of Tribal and state courts," said Joey Orduna Hastings, NCJFCJ CEO. "Judge Romero's knowledge of the judiciary, his compassionate dedication to the children and families he serves and represents, and his ability to lead and engage his fellow judges makes him an exceptional leader of the organization."

Judge Romero has served as a member of the organization for 14 years, with six years on the Board of Directors. Judge Romero has served on numerous NCJFCJ committees including Governance; Military; Juvenile Law; and Family Violence and Domestic Relations. Judge Romero also served on the steering committee of the NCJFCJ’s Enhanced Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases. He is also the lead judge for the NCJFCJ’s National Judicial Institute on Domestic Child Sex Trafficking, which has educated more than 425 judicial officers nationwide to better identify children at risk of child sex trafficking, and encourage judicial leadership to help improve outcomes for victims.

"The Second Judicial District Court is honored to have Judge John Romero serve as the President of the NCJFCJ,” said Chief Judge Nan Nash, Second Judicial District Court, New Mexico. "Judge Romero's lifelong work, dedication and compassion have helped improve the lives of countless children and families in New Mexico. He will bring that same enthusiastic leadership to the NCJFCJ."

He was appointed to the National Advisory Committee on the Sex Trafficking of Children and Youth in the U.S. last year, a committee that advises the secretary of the U.S. Department of Health and Human Services (HHS) and the attorney general on practical and general policies concerning improvements to the nation’s response to the sex trafficking of children and youth in the U.S., as outlined in the Preventing Sex Trafficking and Strengthening Families Act of 2014.

Judge Romero is Co-chair Emeritus of the Children’s Court Improvement Commission, a past member of the New Mexico Tribal-State Judicial Consortium and remains involved with the Tribal-State Judicial Consortium. He is a national educator on issues related to juvenile justice and child welfare and was the first judge in the country to be recognized as a certified Child Welfare Law Specialist by the American Bar Association (ABA)-accredited National Association of Counsel for Children. In 2014, Judge Romero received the Alice King Public Service Award. Judge Romero is a graduate of the University of New Mexico School of Law.

"In leading the NCJFCJ, Judge Romero will bring the same compassion and commitment for improving juvenile justice courts that he has shown during his 15 years as a judge working tirelessly to do what is best for young people and families in our state," said New Mexico Supreme Court Chief Justice Judith Nakamura.

About the National Council of Juvenile and Family Court Judges (NCJFCJ):
Founded in 1937, the Reno, Nev.-based National Council of Juvenile and Family Court Judges, is the nation’s oldest judicial membership organization and focused on improving the effectiveness of our nation’s juvenile and family courts. A leader in continuing education opportunities, research, and policy development in the field of juvenile and family justice, the 2,000-member organization is unique in providing practice-based resources to jurisdictions and communities nationwide.

Four students recently gained invaluable experience through summer internships at the Second Judicial District Court—and they all said their positive experience at this Court convinced them to continue pursuing careers in the legal profession.

"Internships provide students with a tremendous opportunity to gain a broad understanding of the legal system and a front row seat to district court proceedings in civil, criminal, family and children's court cases. Working as a judicial extern can be very interesting, allow for a great deal of interaction with a district court judge and is highly beneficial to career development," said Chief Judge Nan Nash.

Two of the summer interns are University of New Mexico law students who said their judicial externship at the Court might have helped them decide what type of law they choose to practice after graduation.

"An externship at SJDC is ideal for law students looking to become familiar with all facets of a dynamic, bustling trial court. Externs will learn things not taught, or even mentioned, in the classroom, and will connect with mentors who are dedicated to students’ success in the legal profession," said Brent Chapman, who is set to begin his second year at the University Of New Mexico School Of Law. Chapman worked on substantial research projects under the supervision of Elizabeth Garcia, General Counsel, that helped strengthen his writing skills, which has been demonstrated by Chapman's recent selection for UNM Law Review. Chapman said conversations with Presiding Family Court Judge Debra Ramirez inspired him to consider specializing in family law.

Other great opportunities include interacting one on one with judges and observing hearings in the various divisions of the Court. Hayden Wickens is also set to begin his second year at UNM Law School. He spent his summer interning in the Court’s Criminal Division, specifically with the Hon. Cristina Jaramillo, where he did legal research and observed a number of significant trials and hearings. "I learned a great deal," he said. "When I started law school, I was thinking about civil and property law, but seeing the process in action really impressed me. Now, I am leaning toward practicing in criminal law."

A Career Road Map

The Court’s other summer hires were Christa Street, who is entering her senior year at the University of Montana and Feliz Ruiz, who will soon begin her sophomore year at the New Mexico School for the Blind and Visually Impaired and Alamogordo High School. They both aspire to careers in the legal field as well.

Street, who is majoring in Political Science and Spanish, spent her summer working in the Court’s Family Division. "This has been a great experience for me, seeing how the court functions," Street said. "It solidified my desire to go to law school. I hope to come home to attend UNM Law School, which has a great program for immigration law, which is the area in which I hope to practice."

Ruiz wants to be a court reporter upon finishing school. She spent the summer assisting the Court Reporters and Court Monitors Division. She said the experience has been positive, and has helped her understand what she needs to do to succeed in her chosen field. "In my sophomore year, I will be taking Spanish and starting my journey to becoming bilingual," she said. "I also will continue working on my typing and listening skills."

"Externships provide students an invaluable opportunity to get on the ground training and reconnect with the personal and professional purpose for pursuing a legal career," said Professor Quiana A. Salazar- King, Director of Career Strategies at UNM School of Law.

For internship opportunities at the Second Judicial District Court, contact the Human Resource Division at 841-7432. Minors must have parental permission. Click this link for Second Judicial District Court Volunteer/Intern application.

ALBUQUERQUE – Anyone with questions about how to get a REAL ID driver’s license should attend the free legal fair on Saturday, July 21, 2018. 
A host of professionals—from attorneys and judges to representatives from the New Mexico Motor Vehicle Division and the Bureau of Vital Records—will be on hand to help visitors navigate the REAL ID process.

By October 1, 2020, anyone wishing to board an aircraft or enter a federal facility where an ID is required must have a driver’s license or ID card that complies with provisions of the Federal REAL ID Act of 2005. Obtaining a REAL ID requires presenting a specific set of documents verifying one’s identity. 

The REAL ID Legal Fair will run from 10:00 AM to 2:00 PM on Saturday July 21, at the Barelas Community Center, 801 Barelas Rd., SW, Albuquerque, NM 87102. Anyone seeking help should bring the appropriate identification documents. A list of acceptable documents is available on the Motor Vehicle Division’s website. 

The event’s primary sponsors are:

• The Second Judicial District Court’s Pro Bono Committee
• The New Mexico Legal Aid Volunteer Attorney Program
• The City of Albuquerque, and 
• The University Of New Mexico School Of Law.

“We’re hosting this fair because we know people are still having trouble understanding what is required to obtain a REAL ID,” said Shannon Bacon, Presiding Judge of Second District Court’s Civil Division, and Chair of the Pro Bono Committee. “The required documents must meet certain specifications, such as all listing names exactly the same way. That can present problems for many people, such as women who changed their names when they married. In New Mexico, this also affects a number of older citizens of Hispanic descent who were forced to Anglicize their names as school children, and now do not have documents that match the names on their birth certificates.”

Some people in these situations either need to go through the process of legally changing their names or having a new birth certificate issued. Experts at the REAL ID Legal Fair can help determine if any of those steps are necessary. They also will be able to provide assistance in completing those steps. 

The professionals at the fair will provide the following services:

• Identify the documents needed for each individual
• Review documents brought to the Fair to ensure they meet REAL ID requirements
• Inform individuals if they need additional documents 
• Assist in filling out REAL ID application forms
• Provide referrals for legal representation in court, if it is required.  

For individuals who have all of the required documents, New Mexico Motor Vehicle Division staff will be able to issue REAL IDs on the spot. Others should leave the fair with a clear understanding of what steps they need to take to obtain a REAL ID within a reasonable amount of time.

“We know this process can be complicated. As members of the Court, we are trying to make it easier,” said District Court Judge Clay Campbell, who also is on the Pro Bono Committee. “We are grateful to all of the organizations that are partnering with us for this REAL ID Legal Fair. This is a valuable community service, and we encourage anyone who has not yet secured a REAL ID to come out on July 21. That October 2020 deadline is getting closer every day.”

On Tuesday, May 22, 2018, members of the Second Judicial District’s Specialty Court Programs participated in Mental Health Awareness Day on Civic Plaza, sponsored by Bernalillo County, the City of Albuquerque, and the Bernalillo County Government Commission in recognition of May is Mental Health Awareness Month.

Approximately 1 in 5 Americans live with a mental health condition. “Our specialty courts make a difference in the quality of life of its participants by providing a coordinated systems approach that protects public safety through the use of supervision, treatment and accountability,” said Chief Judge Nan Nash. “These programs are effective, improve access to appropriate services within the mental health system, and have greatly reduced recidivism across the county and the State of New Mexico.”

Kelly Bradford, Director of SJDC Judicial Supervision and Diversion Programs, highlighted the importance of this event: “It provided an opportunity for the general public and community providers to connect with our specialty court programs that serve to help people overcome issues that may be barriers to success in the community.”

The Second Judicial District’s Speciality Court Programs have an outstanding record of providing support, supervision and accountability to participants. The following Specialty Treatment Courts are offered:

• DWI Court
• Veterans Court
• Mental Health Court
• Young Adult Court
• Drug Court
• Native American Healing to Wellness *
• Family Reunification Drug Court
• Juvenile Drug Court

“This event has grown over time since it started three years ago with over 60 organizations participating, and demonstrates that our community is dedicated to increasing awareness of mental health and to working collaboratively with partners on solutions that benefit us all,” Bradford said.

Later this summer, the Second Judicial District Court will be launching its first civil specialty court – Assisted Outpatient Treatment (AOT) in partnership with the City of Albuquerque, University of New Mexico Hospital and Bernalillo County. AOT is court-ordered treatment for individuals with serious mental illness who are experiencing repeated hospitalizations or incarcerations, and who have had difficulty with adhering to their treatment. According to Lisa Schatz-Vance, AOT Program Manager, the new court will begin as a pilot program with the University of New Mexico’s Psychiatric Center.

“The AOT Court will focus on early intervention to improve outcomes for individuals with critical mental health issues and provides a less restrictive opportunity to ensure individuals with serious mental illness do not suffer a break in their continuity of care,” said Ms. Schatz-Vance.

__________________________

* A specialty track available through Drug Court in partnership with the New Mexico Corrections Department.

Jerome Sanchez and Zachary Apodaca graduated from the Second Judicial District DWI Court Program on April 11, 2018, and based on the program’s track record, there’s almost no chance either of them will face DWI charges again.

"Since its inception in 2013, our program has had 35 graduates—counting Jerome and Zachary—and not a single one of them has re-offended," said Anthony Rudulfo, the Court’s DWI program manager.

That statistic is especially impressive considering all of the defendants referred to the program are facing felony charges as repeat DWI offenders. Once they have been screened and approved, all participants must agree to adhere to rules of the program, which takes a minimum of 24 months to complete.

Judge Jaqueline Flores presides over all DWI Court cases. She said the program works because it requires participants to undergo intense treatment that "gets to the emotional root of their drinking problem."

The treatment includes a heavy dose of group therapy that starts with each participant writing a story about their relationship with alcohol and reading that story aloud to the rest of the group. Judge Flores believes this type of therapy helps program participants develop a sense of community and accountability that makes them want to stick with their individualized treatment plans.

"Most of our participants are good people," Judge Flores said. "They just happen to have a problem with alcohol. Once they get a handle on the alcohol problem, they can become the people they were meant to be." That seems to have been true for Apodaca and Sanchez.

Apodaca said his drinking was a way of self-medicating to deal with anxiety issues he had battled since childhood. A car accident led to the DWI charge that landed him in the program, where he finally discovered he could manage his anxiety without relying on alcohol or any other substance. Having completed the program, Apodaca is looking forward to life with a new wife and daughter.

Sanchez credited the program with saving his life. "I hated the program when I started, but it has been the best thing for me," he said. "I slowly started to trust the process, and one day something in me changed. I realized that I didn’t have to identify with being a screw up anymore, and I made a promise to myself that I would do whatever it took to make it through."

Sanchez and Apodaca both thanked people who started the program before them for serving as peer mentors, and encouraged those still in the program to do the same for any newcomers.

The Second Judicial District Court kicked off Mother’s Day weekend by celebrating adoption proceedings that produced 31 new families.

The event took place on Friday, May 11, 2018, marking the second year the district court has kicked of Mother’s Day weekend by celebrating adoptions.

“We have always held these events on National Adoption Day in November, and we will continue to do so, but we thought we should do more to promote the idea of moving children out of foster care and into permanent homes,” said Marie Ward, Presiding Judge of the Second District Court’s Children’s Division. “The Friday before Mother’s Day is the perfect time to make that statement.”

The district court adoption celebration took place at the John E. Brown Juvenile Justice Center, 5100 Second St. NW, Albuquerque, NM  87107.

The families had completed all the paperwork to make their adoptions legal before arriving at the courthouse on May 11. These families were truly celebrating what for them had long been a dream in the making.  

The day started with remarks from Secretary Monique Jacobson of the New Mexico Children’s Youth and Families Department, who said she wanted to be there because CYFD shares the court’s goal of finding ways of getting more foster children into the “forever homes.”

The formal adoption proceedings followed those remarks. Then, it was time for family activities like making arts and crafts, having cake and refreshments—and of course sharing hugs and smiles.

Presiding Children’s Court Judge Marie Ward, far left, shares a happy moment with some of the new families that celebrated the court’s Pre-Mother’s Day Adoption Event.

Children Youth and Families Department Secretary Monique Jacobson will be on hand for Second Judicial District Court’s Pre-Mother’s Day Adoption Event on Friday, May 11, 2018.

This is the second year that Second Judicial District Court has kicked off Mother’s Day weekend by celebrating adoptions. This is part of the court’s ongoing effort to focus attention on the more than 100,000 children in the state’s foster care system who would prefer being in permanent loving homes.

“We have always held these events on National Adoption Day in November, and we will continue to do so, but we thought we should do more to promote the idea of moving children out of foster care and into permanent homes,” said Judge Marie Ward, Presiding Judge of the Second District Court’s Children’s Division. “The Friday before Mother’s Day is the perfect time to make that statement. We are pleased that Secretary Jacobson has agreed to join us this year. ”

Twenty-two children were adopted at the first Pre-Mother’s Day event in 2017. Most of those children had spent time in foster care; some had lived in multiple homes and attended several different schools.

An adoption is the creation of a legal relationship between a new parent and a child, similar to that of a biological parent and child. Children in foster care who cannot be safely reunified with their biological families are adopted after the parents’ rights are voluntarily or involuntarily terminated. Adoptees who have not been involved in the child protection system are adopted by a step-parent, a relative or other appropriate family carefully selected by birth parents prior to a voluntary adoptive placement.

All of the paperwork to make an adoption legal will have been completed by the time the children and their new parents arrive at the courthouse on May 11. A judge will then issue an order declaring the process complete. The families will then celebrate the occasion. The deadline for submitting paperwork to the court is Friday, April 27, 2018.

For information on submitting paperwork, contact the following individuals:
•    For Judge Marie Ward, contact Marisa Salazar at 841-7392
•    For Judge John Romero, contact Daniel Sanchez-Saenz at 841-7311
•    For Judge William Parnall, contact Julie Parras at 841-7602.

The celebration will include a short ceremony that will include remarks from Secretary Jacobson and other dignitaries. There also is sure to be a lot of hugging and picture taking.

The festivities will take place at the John E. Brown Juvenile Justice Center, 5100 Second St. NW, Albuquerque, NM  87107.

Couples facing family law issues—such as s divorce, child custody and timesharing—without the assistance of attorneys have a chance to settle their cases free of charge at the Second Judicial District Court’s Peter H. Johnstone Pro Se Pro Bono Mediation Day.

On Friday, April 20, 2018, roughly 65 to 70 family law attorneys will be at the Second District Courthouse serving as volunteer mediators for couples who want to resolve their difference through negotiation rather than litigation.

The Second District Court has been hosting Pro Se Pro Bono Family Law Mediation Days since at least 2012.  Peter H. Johnstone, a family law attorney in Albuquerque, was one of the early organizers, and the events were named in his honor following his death in 2013.

On average, 65% of the couples participating in these events reach a full settlement of their cases by the end of the mediation session. Typically, an additional 10% to 15% reach at least a partial settlement.

“It’s always better—especially when children are involved—for couples to resolve issues on their own terms, rather than have solutions forced on them by the court,” said Judge Debra Ramirez, Presiding Judge of Family Court. “We are fortunate to have attorneys in our community who are willing to help couples who cannot afford legal representation find creative ways of resolving their cases.”

“Our goal is to resolve these cases on Peter Johnstone Day, and we usually do. A few cases get reset, but even with some of those we find this process helps get them on the path to a solution,” said Torri Jacobus, Director of the Court’s Center for Self Help and Dispute Resolution.

There two requirements for couples wishing to participate in a Peter H. Johnstone Pro Se Pro Bono Mediation event:

•    Neither party can be represented by an attorney.
•    They must be referred by the Family Court.

Couples can be referred to the event by submitting a request to the judge presiding over a current case, or by making the request when opening a new case. The Court’s Center for Self Help and Dispute Resolution can provide information for how to submit those requests.

The Center for Self Help and Dispute Resolution is located on the first floor of the Second Judicial District Courthouse at 400 Lomas Blvd. NW, in Albuquerque. The Center is open 9:00 AM to 4:00 PM Monday through Friday.

The Center for Self Help and Dispute Resolution can be reached by telephone at 505-841-6702.

“A View from Gold Mountain” is the name of the sculpture to be installed on the west side of the Second Judicial District Courthouse to recognize the Asian American community’s historical relationship with the justice system.

The Asian American Monument Committee unanimously chose this work by the artistic team of Cheryll Leo-Gwin and Stewart Wong after a final round of judging this past January.  The Bernalillo County Commission, which is overseeing funding for the project, gave its approval for the county manager to execute a contract with the artists in late March.

The  monument committee had put out a nationwide call for a piece of art to reflect the Asian American community’s experiences interacting with the legal system, starting with the landmark case of the Territory of New Mexico v. Yee Shun. That 1882 case was the first in which testimony from an Asian American was considered valid in a United States court of law.

The ruling was somewhat bittersweet for members of the Asian community. On one hand, the ruling by New Mexico Supreme Court acknowledged that Asian Americans could take and abide by an oath to tell the truth when testifying in court—even if they adhered to a non-Christian religion. Previously, U.S. courts had only recognized oaths taken by practicing Christians as valid for giving legal testimony.

On the other hand, the testimony given by an Asian American was the most important piece of evidence leading to the murder conviction of Yee Shun, who many historians now believe was innocent.  Yee Shun was sentenced to life in prison for a murder that took place in Las Vegas, New Mexico on February 24, 1882. Shortly after hearing the appeal of his conviction had been denied, Yee Shun committed suicide in his cell in Leavenworth, Kansas, where he had been transported to serve his sentence.

The monument committee asked artists to consider this historical context when creating the work they would propose installing outside the district courthouse.  The winning team said they considered this history in not only creating their work, but in naming it as well.

Seeking the Pot of Gold 

“During the Gold Rush, people in China called America the Gold Mountain. They came to America to seek their fortunes and find the pot of gold to send or take home,” the artists wrote in the proposal accompanying a model of their work.  “Immigrants from other regions also came to that Gold Mountain for similar reasons. Instead, like Yee Shun and the Chinese, because of their skin color, culture or other differences, they found hardship, starvation, death and disillusionment. The pot of gold was more often than not only an elusive dream.”

Since its selection for installation outside the courthouse, Leo-Gwin and Wong’s sculpture has garnered much positive attention, including recognition in a national online magazine dedicated to the arts.

Despite these hardships, immigrants from Asia and elsewhere persisted and built lives for themselves and their families. Over time, the judiciary and other branches of government came together to offer these citizens a measure of justice and equality. 

The New Mexico Supreme Court has appointed Second Judicial District Court Judge C. Shannon Bacon, Chair, and Judge Nancy Franchini, Vice-Chair, of a committee charged with implementing steps for improving the state’s adult guardianship system.

The committee is comprised of members from all three branches of state government, including Sen. James White of Albuquerque, who sponsored the newly enacted legislation, and Rep. Damon Ely of Corrales, the bill’s co-sponsor.

The new law, Senate Bill 19, was passed during the 2018 legislative session and takes effect on July 1, 2018. It will revamp the state’s guardianship system by opening court hearings that historically have been closed and giving family members more access to court records in guardianship cases.

In addition to making the guardianship process more transparent, the new law allocates $1 million for the courts to develop processes for better tracking and management of guardianship cases. The steering committee will advise the New Mexico Supreme Court on priorities for funds appropriated by the Legislature for guardianship reforms.

“Judge Bacon and Judge Franchini are natural choices for leadership roles on this committee,” said Chief Judge Nan Nash of the Second Judicial District Court. “When legislation for reforming the guardianship system was introduced, Judge Bacon and Judge Franchini took the lead in helping legislators understand how changes to the law would impact New Mexicans and the judiciary’s role in the guardianship process.”

“I am honored to be a part of a team tasked with the very important job of reforming our state’s guardianship system,” said Judge Bacon. “The new law is aimed at increasing transparency, establishing safeguards for protected persons, and allowing greater involvement of family members in guardianship proceedings. This committee will put together concrete, actionable recommendations to the Supreme Court on establishing priorities for guardianship reforms, statewide review of guardianship and conservatorship cases, and ensuring comprehensive oversight of the guardianship system.”

“I am pleased about this appointment and looking forward to meeting with the representatives of the three branches of government, implementing the key objectives of this new legislation and evaluating the recommendations of the New Mexico Adult Guardianship Study Commission,” said Judge Franchini.

The New Mexico Supreme Court also appointed Judge Bacon and Judge Franchini to serve on a separate committee to recommend changes in rules governing court procedures in guardianship and conservatorship cases.

The Second Judicial District’s Veterans Court recognized its 59th graduate on March 7, 2017, when Jerome Fuentes, a United States Air Force veteran from the Vietnam era, officially completed the program.

The graduation ceremony took place in the courtroom of District Court Judge Christina Argyres, who told Fuentes he had been “a tremendous asset to our program.” Judge Argyres also advised Fuentes not to view completing the program as an ending, but rather as “the beginning of a whole new lifestyle that you have committed to.”

Participation in Veterans Court is voluntary; however, participants must get approval from the Veterans Court judges and the prosecuting attorney to be accepted into the program. In addition to Judge Argyres, District Court Judge Stan Whitaker also presides over Veterans Court cases.

The criteria for defendants to be accepted into the program includes agreeing to follow all program rules—which consists of regularly attending counseling or therapy sessions—until completion of the program. At a minimum, that is an 18-month to 24-month commitment.

Once the Veterans Court Team deems a defendant eligible for the program, the prosecuting attorney will make a plea offer that includes Veterans Court. That plea will outline two sets of sentencing stipulations. One would apply if the defendant successfully completes the program; the other would apply if the defendant does not complete the program. Defendants who are eligible for a conditional discharge often have seen their charges dismissed after successfully completing the program.

Rehabilitation v. Incarceration

The Second Judicial District Court launched the Veterans Court program in November 2011, with a goal of rehabilitating—instead of incarcerating—veterans charged with certain felony-level crimes. Defendants charged with violent crimes resulting in death or great bodily harm, sexual offenses, crimes against children or a 5th DWI are automatically excluded from the program.

The court started the program because judges realized that many of the veterans appearing in court were dealing with substance abuse and/or mental health issues that very likely were underlying causes for the behavior that led to their arrest.

Upon acceptance into the program, participants are supervised by the District Court’s Judicial Supervision and Diversion Programs unit. Staff members from that unit guide participants through the program’s five phases, all of which include some level of treatment tailored to the individual veteran’s needs.

The program seems to work well for veterans because much of the therapy and counseling is done in group settings, which allows veterans to form bonds and support one another in much the same way they did as part of military units.

“Phase one is like an orientation to the program. A new participant learns what is expected of them while in the program and what they may expect from the program and team in return. They also have opportunities to meet the other participants and start establishing peer support,” said Tamara Wheeler, a lead worker in the Judicial Supervision and Diversion Programs unit. “Furthermore, the rules are stricter in this phase with regard to testing for drug and alcohol use because it provides a deterrent for future use, highlights positive behaviors, and allows for rapid intervention for those who need extra support or may have recently relapsed.”

Peer support also includes mentoring by veterans who may not be in the program, but have volunteered to help others make it through the process. Although one current veteran mentor, Michael Rooney, is a program graduate.

As a participant advances through the phases, they get more freedom, such as being allowed to travel out of state.

Ninety seven veterans have entered the program since its inception. Fuentes is the Veterans Court’s fifty-ninth graduate, and twenty one participants are currently active in the program.

Fuentes has indeed changed his lifestyle since joining the Veterans Court program on August 31, 2016 after pleading guilty to charges of assault with a deadly weapon. “I consider myself an alcoholic,” he said on his graduation day. “The biggest thing this program did for me was to get me to stop drinking.”

At a hearing on his case just before the graduation ceremony, even the team prosecutor commented on how well Fuentes did in the program and recommended that he receive a conditional discharge as a result of successfully completing the program.

With his legal issues behind him, Fuentes said, he plans to “restart my bucket list.” The first entry on that list is riding to the Annual Sturgis Motorcycle Rally in South Dakota, something he never thought possible before he entered the Veterans Court Program.

The New Mexico Supreme Court, working with the Executive and Legislative branches, has formed a committee with representatives from all branches of state government to assist in the implementation of newly enacted legislation for improving the adult guardianship system. 

Second Judicial District Court Judge C. Shannon Bacon will chair the steering committee and District Judge Nancy Franchini will serve as vice chair.

The panel will make recommendations regarding $1 million allocated to the Administrative Office of the Courts by the Legislature for guardianship reforms. Among the possibilities are funding auditors – potentially in the State Auditor’s Office – to examine financial information submitted to the courts by conservators, hiring contractors to assist in a statewide review of guardianship and conservatorship cases, and designing user-friendly online forms to ensure conservators file more accurate and consistent information with the courts, which also will help with auditing and monitoring of conservatorship reports.

Court-appointed guardians make personal and health care decisions for individuals who are incapacitated. Conservators are appointed by a court to manage the financial and possibly the property affairs of an incapacitated person, including those who may have dementia, traumatic brain injuries, a developmental disability or mental illness.

The Supreme Court has appointed a separate committee to recommend changes in rules that govern court procedures in guardianship and conservatorship cases. Gaelle McConnell, an Albuquerque attorney, will chair the Ad Hoc Guardianship and Conservatorship Rules and Forms Committee. The committee, as part of its work, will consider rule amendments necessary to comply with the guardianship legislation (Senate Bill 19) approved during the 2018 legislative session.

The new law, which takes effect on July 1, opens court hearings that are now closed and expands access to court records for family members and others who are entitled to notice of guardianship proceedings under the new statutory requirements. 

Formation of the rules committee was among the recommendations of the New Mexico Adult Guardianship Study Commission, which was appointed by the Supreme Court last year to propose improvements in the guardianship system. Other commission recommendations included changes in annual financial reports that conservators must file with courts.

The steering committee also will advise the Supreme Court on possible future steps for revising the guardianship system, including how to proceed with recommendations made by the study commission.

Other steering committee members are: Sen. James White of Albuquerque; Rep. Daymon Ely of Corrales; State Auditor Wayne Johnson; Leslie Porter, cabinet director in the Office of Gov. Susana Martinez; Third Judicial District Court Chief Judge James Martin; Thirteenth Judicial District Court Chief Judge Louis McDonald; and First Judicial District Court Judge David Thomson. Three AOC staff members are non-voting committee members: Greg Saunders, chief information officer; Celina Jones, general counsel; and Patricia Galindo, an attorney who has worked on guardianship and conservatorship issues.

Other rules committee members are: District Judges Bacon and Franchini; Mary Galvez of Guardianship and Care Management Services LLC; Alice Liu McCoy of Disability Rights New Mexico; Ruth Pregenzer, an Albuquerque attorney; Sarah Steadman of the University of New Mexico Law School; and Mary H. Smith, an Albuquerque attorney.

More than 150 people got answers to their legal questions at 2018’s first Law-La-Palooza free legal fair.

The event was held at the Barelas Community Center, 801 Barelas Rd. SW, Albuquerque on Thursday, March 15, 2018.

Legal experts, including several district court judges, attorneys and law students volunteered their time to speak with people who couldn’t afford to pay for legal advice. At a Law-La-Palooza, citizens get 30 minutes to speak with an attorney or legal expert about any legal issues they are facing at no cost.

The Law-La-Palooza legal fairs are designed to help low-income people and families facing a wide range of legal issues, including divorce, custody, bankruptcy, contracts, landlord/tenant, creditor/debtor, child support, kinship/guardianship, wills, probates, personal injury, powers of attorney, public benefits, unemployment, immigration, Social Security, disability, IRS tax issues foreclosure, and name changes.

The fairs are sponsored by the Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program, a program of Legal Aid New Mexico.

The District Court’s Pro-Bono Committee—co-chaired by Judge Shannon Bacon and Judge Alan Malott—has been hosting Law-La- Paloozas each year since 2010. Over that time, roughly 8,000 individuals—about 1,000 each year—have gotten help with their legal problems at these events.

"New Mexicans continue to struggle in a difficult economy which has left one in five of us at or near the poverty level. Legal problems exacerbate the effects of poverty and can foster a cycle of failure that derails lives," said Judge Malott. "New Mexico lawyers have shown both responsibility and compassion for those less fortunate by providing free consultations to thousands of residents through Law-La- Palooza legal fairs in Bernalillo County and across the state. The need continues and I know the Bar will remain responsive."

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program, a program of Legal Aid New Mexico, host four Law-La- Palooza events each year. The full schedule for remaining 2018 fairs is below. All events run from 3:00 PM to 6:00 PM.

• Law-La-Palooza - July 12, 2018, Alamosa Community Center, 6900 Gonzales Rd SW, Albuquerque
• Law-La-Palooza - October 18, 2018, North Domingo Baca Community Center, 7521 Carmel Ave NE, Albuquerque
• Law-La-Palooza - December 13, 2018, Loma Linda Community Center, 1700 Yale Blvd SE, Albuquerque

For more information about these events, contact Aja Brooks, Pro Bono Coordinator for the Volunteer Attorney program, at 505-814- 5033 or ajab@nmlegalaid.org.

Law-La-Palooza Free Legal Fairs are back for 2018; First One in Barelas on March 15

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program will host their first Law-La-Palooza free legal fair of the year on Thursday, March 15, 2018. The event will take place at the Barelas Community Center, 801 Barelas Rd. SW, Albuquerque, from 3:00 PM to 6:00 PM.

These free legal fairs are designed to help low-income people and families facing a wide range of legal issues, including divorce, custody, bankruptcy, contracts, landlord/tenant, creditor/debtor, child support, kinship/guardianship, wills, probates, personal injury, powers of attorney, public benefits, unemployment, immigration, SSI/SSDI, IRS tax issues foreclosure, and name changes.

The District Court’s Pro-Bono Committee—co-chaired by Judges Shannon Bacon and Alan Malott—has been hosting Law-La-Paloozas each year since 2010. Over that time, roughly 8,000 individuals—about 1,000 each year—have gotten help with their legal problems at these events.

“New Mexicans continue to struggle in a difficult economy which has left one in five of us at or near the poverty level. Legal problems exacerbate the effects of poverty and can foster a cycle of failure that derails lives,” said Judge Malott. “New Mexico lawyers have shown both responsibility and compassion for those less fortunate by providing free consultations to thousands of residents through Law-LaPalooza legal fairs in Bernalillo County and across the state. The need continues and I know the Bar will remain responsive. ”

Law-La-Palooza participants can speak with an attorney or legal expert for 30 minutes about any legal issues they are facing. Volunteers are comprised of attorneys, judges, court staff, and law students. Interpreters and bilingual attorneys will be on site. Help will be offered on a first-come, first-served basis.

Community service providers also staff tables to provide additional resources to attendees. Prior to the March 15 event, the Southwest Women’s Law Center will give a free presentation on accessing child care and health care benefits from 2:00 PM to 2:45 PM. Those who attend the presentation can preregister for their consultation with an attorney.

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program, a program of Legal Aid New Mexico, host four Law-La-Palooza events each year. The full schedule for 2018 is below. All events run from 3:00 PM to 6:00 PM.

• Law-La-Palooza—March 15, 2018, Barelas Community Center, 801 Barelas Road, SW, Albuquerque
• Law-La-Palooza—July 12, 2018, Alamosa Community Center, 6900 Gonzales Rd SW, Albuquerque
• Law-La-Palooza—October 18, 2018, North Domingo Baca Community Center, 7521 Carmel Ave NE, Albuquerque
• Law-La-Palooza—December 13, 2018, Loma Linda Community Center, 1700 Yale Blvd SE, Albuquerque.

For more information about these events, contact Aja Brooks, Pro Bono Coordinator for the Volunteer Attorney program, at 505-814-5033 or ajab@nmlegalaid.org .

The Second Judicial District, including Chief Judge Nan Nash, has been helping the University Of New Mexico School of Law Frederick Douglass Moot Court Team prepare for the upcoming national competition in Brooklyn, New York in March 2018.

The team members are Valentina Basile and Sara Klemundt, who was a judicial extern with the District Court in the fall of 2017. Klemundt and Basile took first place in the Western Regional competition this past January. Both team members are part of the UNM Law School class of 2019. They are coached by Professor Emerita Barbara P. Blumenfeld.

A moot court competition simulates arguing a case before an appellate court. In their competitions, Klemundt and Basile have been arguing issues of how the Fourth Amendment impacts the circumstances of a cross-border shooting and damage remedies under a Bivens claim.

Chief Judge Nash and members of the District Court—including Tori Jacobus, Director of the Court’s Self Help & Dispute Resolution Center—have been helping the team prepare by sitting in as the Appellate Court panel during practice sessions.

In a recent practice session, Chief Judge Nash and Elizabeth Garcia, the Court’s General Counsel, joined Professor Blumenfeld to make up the appellate panel. As they listened to oral arguments, panel members peppered the aspiring attorneys with questions that judges would likely raise during an actual appellate hearing.

The students had intelligent responses to panelist’s questions, displaying the poise and confidence that helped them place first overall at the Western Regionals. The team also won the team won the award for Best Petitioner's Brief, and Klemundt earned the award for Best Oral Advocate.

With that record, the team is poised to do well at the National Frederick Douglass Moot Court Competition. Members of the Second Judicial District Court are proud to have helped them along the way.

ALBUQUERQUE – If you’ve ever wondered how the court system works, you can get an introduction to the important work the judiciary does every day. The Second Judicial District Court will open its doors to the community for public tours the first week in March in recognition of National Judicial Outreach Week.

The American Bar Association’s Judicial Division has designated the first full week of March each year as National Judicial Outreach Week. “Preserving the Rule of Law” is the theme for this week. Preservation of our liberty as individual citizens depends on preservation of the rule of law, and the preserving the rule requires having fair and impartial courts.

“We encourage people to come tour the Court and see the significant work courts do every day. The Court exists to serve the public, and its primary mission is to ensure that everyone—regardless of their background or social standing—is treated fairly under the law,” said Chief Judge Nan Nash.

Court tours at the main Second Judicial District Courthouse at 400 Lomas will begin at 9:00 AM and 1:00 PM on Tuesday, March 6 and Thursday, March 8, 2018. The Second Judicial District Children’s Court, located at 5100 Second Street., NW will host a tour on Wednesday, March 7, 2018, beginning at 1:30 PM.

Visitors will get an overview of the New Mexico judiciary and the role of the District Court in the judiciary. They also will learn about the different divisions of District Court and what types of cases each division handles.

Any member of the community wishing to take a court tour should sign up in advance by sending an email with the words “Court Tour” in the subject line to albdsxh@nmcourts.gov. All court visitors also should be aware of the need to comply with established court security procedures, which means no cellphones, weapons or contraband are allowed inside the courthouse. All visitors will be screened for such items before entering the courthouse for safety purposes.

The Second Judicial District Court’s stated mission includes providing services to the diverse community of Bernalillo County in a knowledgeable and safe environment. The staff in the Court’s Scanning Division takes that mission to heart.

This division is responsible for scanning, quality checking and organizing files related to the thousands of cases that flow through the district court each year. The Scanning Division also staffs the Court’s Information Desk, which fields questions from people who contact the Court by phone or when they walk into the building.

In 2017, the Information Desk processed a total of 35,996 telephone calls and assisted 25,442 individuals in person.

Elissia Torres is primarily responsible for staffing the Information Desk and is well known for being extremely helpful in getting members of the public the information they need—whether communicating with them in phone or in person. Elissia also assists in developing articles and taking photographs for the Court’s website.

Other division employees also enthusiastically staff the Information desk when called upon, along with their other duties. Several of those staff members are Language Access Specialists. They provided language interpretation services to members of the public more than 700 times in 20017.

The Second Judicial District says kudos to the entire Scanning Division for a job well done.

For three days in February, several judges in Bernalillo County's Second Judicial District will turn their courtrooms over to teams of aspiring attorneys vying for spots in the finals of the country’s most prestigious mock trial competition.  In addition, a number of district court judges have volunteered to preside over some of the mock trials.

Law students participating in mock trials develop important skills, including creative problem solving, effective collaboration, forming persuasive arguments, public speaking, critical thinking, and thinking on one's feet.

"The regional mock trial competition provides invaluable experience for the next generation of practicing attorneys.  It is important that the entire legal community and the judiciary come together and support these types of experiences for aspiring attorneys.  These events offer a unique opportunity for law students to practice trial advocacy skills in a courtroom setting," said Chief Judge Nan Nash.

Teams from law schools in five western states—New Mexico, Arizona, Utah, Colorado, Oklahoma and Wyoming—will be competing in the regional round of the National Mock Trial competition.  The American College of Trial Lawyers has sponsored this national competition every year since 1975.  The top two teams from the regional round will compete in the national finals in Austin, Texas later this year.  The winning team at the national finals earns a $10,000 donation to its law school.

The Second Judicial District Court opened its courtrooms for this competition at the request of the University of New Mexico School of Law, the official host for the regional competition.

"We are honored to host the National Mock Trial Competition for the western region this year and deeply grateful to the all of the members of the judiciary and staff of the Second Judicial District Courthouse for their kind support of this important competition," said UNM School of Law Co-Deans Alfred Mathewson and Sergio Pareja.

Members of the local legal community also have volunteered to support this event by serving as bailiffs, witnesses and other necessary parties for the various trials taking place over the three days.  Special thanks go to the student competitors and to their coaches.

The Second Judicial District Court hosted an annual Giving Tree Project for local charitable service organizations this holiday season. SJDC partnered with Court Appointed Special Advocates (CASA) and New Mexico Kids Matter, the New Mexico Veterans Integration Center, the APS Title I Homeless Project, and Animal Humane New Mexico. The Court’s aim was inspire those who work here and those who provide services to the public to give back to the community. SJDC giving trees were located in the fourth floor of the Bernalillo County Courthouse and at the Juvenile Justice Center during the month of December.

"This project seeks to bring a little extra joy to children, veterans, and our devoted companion animals during the season of giving," said James Noel, Court Executive Officer. SJDC staff demonstrated exceptional community service by helping meet the needs and wishes of others this holiday season. Some employees have made it an annual tradition to select a child, veteran, or animal in need and provide gifts requested by the charitable organizations. SJDC staff contributed several wish list items, ranging from toys, assorted toiletries, winter clothing items, shoes and pet needs. "The value of private donations made by members of the public, friends of the animal community, the District Attorney's Office, the Law Office of the Public Defender, civilian staff and officers of the Bernalillo County Metropolitan Detention Center, and SJDC staff and Judges is estimated to be over $5,000" said Noel.

A small ceremony was held on Friday, December 22, 2017 at 10:00 a.m. at the Bernalillo County Courthouse, Fourth Floor Atrium to present donations to the partner service organizations. The Court expressed its gratitude for the outstanding service these organizations provide to our community year-round as well as to its own court staff who generously supported the Giving Tree Project.

"The joy on their faces at the surprise gifts was priceless," commented Elinor Reiners, CEO and Program Director of the New Mexico Veterans Integration Center.

"The outpouring of community support from court staff and the public has been remarkable and humbling," said Chief Judge Nan Nash. "Thank you SJDC staff for coming together, investing in our community and making a truly meaningful impact for these charities throughout the year," said Chief Judge Nash.

The Second Judicial District Court has established designated public locations for nursing mothers to breastfeed their child in accordance with New Mexico law. The nursing rooms are available for mothers that may be at the downtown Courthouse or at the John E. Brown Juvenile Justice Center for jury service, hearings etc. The room at the downtown courthouse is located on the 5th Floor, Room 519. Childrens Court has established Room 238 for nursing mothers at the Juvenile Justice Center. Court employees also have a designated employee nursing room.

"The Second Judicial District Court welcomes the opportunity to provide a comfortable space for nursing mothers," said Chief Judge Nan Nash. 

If you have a request to use the public nursing room at the downtown Courthouse, contact Court Administration at 841-7425 or Purchasing at 841-7458. Contact Court Administration at 841-7644 for use of the public nursing room at Children’s Court. Court staff will accompany the mother to the room to open the room for their use. Court administration has installed a lock that indicates whether the room is occupied and in use and maintains privacy.

Second Judicial District Court Human Resource staff (Eric Mitchell, Human Resources Administrator Sr. and Janet Van Why, Human Resources Administrative Assistant 2) attended a recent Career Fair at La Cueva High School on October 25, 2017.  The career fair allowed students to explore various careers and network with professionals in the community.  Several students expressed their interest in learning about internship and career opportunities at the Second Judicial District Court.  Most students had questions about what it would take to be a lawyer or Judge and were highly interested in the legal profession.  The Second Judicial District Court is a great place to learn about the judicial system.

For more information about career opportunities and internships, contact the Human Resource Division at 841-7432.  Minors must have parental permission.  Click on this link for Second Judicial District Court Volunteer/Intern application.

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program (A Program of New Mexico Legal Aid) sponsor four Law-La-Palooza events each year aimed at helping low-income residents with their legal needs. The Law-La-Palooza events are free of charge and have helped over a thousand individuals get answers to their legal questions. 

The fourth Law-La-Palooza event for 2017 was held on October 19, 2017 at the Westside Community Center. Participants were able to speak with an attorney for thirty minutes about a variety of legal issues including name changes, consumer debt, immigration, and family law.  Volunteers are comprised of attorneys, judges, court staff, service providers, and law students.  Community service providers also staff tables to provide additional resources to attendees.  Volunteer attorneys were prepared to assist over 100 participants with various legal issues.  All participants were able to meet with an attorney with the greatest need for legal services were in family law and consumer debt cases.

The Second Judicial District Court Pro Bono Committee, along with the UNM School of Law Clinical Law Program and the Volunteer Attorney Program, will be sponsoring a REAL ID Legal Fair on November 4, 2017 from 10 AM until 2 PM at the UNM law school.  Bilingual attorneys and staff are available; there will be free parking.

The Second Judicial District Court Pretrial Services Division took part in the Albuquerque Celebrate Recovery event recently held on September 28, 2017 at the Convention Center in downtown Albuquerque. This is the Second Annual Celebrate Recovery event developed to acknowledge and promote National Recovery Month. The Court’s Pretrial Services Division provided the public with information on specialty courts.

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The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program sponsor four Law-La-Palooza events each year aimed at helping low-income residents with their legal needs.  The Law-La-Palooza events are free of charge and have helped over a thousand individuals get answers to their legal questions.

The third Law-La-Palooza event for 2017 was held on August 24, 2017 at the Raymond G. Sanchez Community Center.  Participants were able to speak with an attorney for thirty minutes about a variety of legal issues including name changes, personal injury, immigration, and family law.  Volunteers are comprised of attorneys, judges, court staff, service providers, and law students.  Community service providers also staff tables to provide additional resources to attendees.  Volunteer attorneys were prepared to assist over 150 participants with various legal issues including: family law, criminal law, consumer debt, taxes, immigration, and public assistance benefits.  All participants were able to meet with an attorney with the greatest need for legal services were in family law cases.

The next Law-La-Palooza will be on October 26, 2017 at the Westside Community Center (1250 Isleta Blvd. SW, Albuquerque, NM 87105).  Participants are asked to bring all relevant documents related to the issue for discussion in order to provide quality legal assistance.  Attorneys and staff who are bilingual in Spanish and American Sign Language will be available.  Services are provided on a first-come, first-serve basis.

Second Judicial District Court Presiding Criminal Division Judge Charles Brown, Kelly Bradford, Pretrial Services Director, Joy Willis, Attorney Supervisor, and Gilbert Jaramillo, Program Manager, were asked to be guest speakers at the National Association of Pretrial Services Agencies (NAPSA) 45th Annual Conference and Training Institute.  The NAPSA Conference featured nationally renowned presenters to provide exceptional information and research about the field of Pretrial Services. 

The Second Judicial District Court’s instructional workshop at the NAPSA conference was entitled: “Rebuilding a Pretrial Justice System and Agency; Lessons learned from New Mexico.” The workshop focused on how the Second Judicial District Court Pretrial Services Division recreated its operational structure to be grounded in legal and evidence based practices.  New Mexico, specifically Bernalillo County, experienced significant changes to the criminal justice system due to recent legal rulings. The State of New Mexico v. Brown New Mexico Supreme Court ruling in 2014 led the way to the passage of a preventive detention constitutional amendment and new pretrial release Supreme Court rules that have required swift and focused pretrial justice reform efforts. Bernalillo County’s Second Judicial District Court’s Pretrial Service’s program has implemented new pretrial services guidelines that follow legal and evidence practices as outlined by the American Bar Association and National Association of Pretrial Service Agencies.

The Honorable Marie Ward will be the new Presiding Judge of the Second Judicial District Court Children’s Court Division. Judge Marie Ward joined the Court in 2004, serving the Second Judicial District Court as a Children’s Court Judge since 2014. Prior to her appointment, she served as a Family Court Hearing Officer and Trial Court Staff Attorney.

"Judge Ward's expert knowledge of children's and family law, her tremendous work ethic and dedication has already had a tremendous positive impact on the lives of children and families in our community. Judge Ward's leadership will continue to strengthen the effectiveness of juvenile justice at the Second Judicial District Court," said Chief Judge Nan Nash.

As presiding judge of the Second Judicial District Court's Children's Court Division in Albuquerque, N.M., Judge Ward hears delinquency, child welfare and adoption cases. Judge Ward presides over the Juvenile Drug Court, a national mentor site, which is part of the National Learning Collaborative of the National Council of Juvenile and Family Court Judges.

Judge Ward also served the Court as founder and director of the Court's Peter H. Johnstone Pro Bono Program, providing low income families with free settlement facilitation in Family Law matters. Judge Ward is a Member of the National Council of Juvenile and Family Court Judges, serves on the board of the New Mexico Children’s Justice Act Advisory Group, the Improving Outcomes for Youth Initiative Task Force work with Council of State Governments Justice Center, chairs the Quality Improvement Committee for the Juvenile Detention Alternative Initiative in collaboration with the Annie E. Casey Foundation, is an advisory partner with the Corinne Wolfe Law Center for Child and Family Justice, and serves on other committees focused on improving outcomes of youth and families involved in Juvenile Justice and Abuse and Neglect systems. Judge Ward graduated from UNM School of Law, magna cum laude, in 1998 and worked in private practice and as a Special Assistant Attorney General before joining the Court.

"Judge Ward's entire career has focused on making a difference in the lives of youth and families in New Mexico. She will bring a high level of commitment and community engagement as Presiding Judge of the Children’s Court Division," said Court Executive Officer James Noel.

The Second Judicial District Court is pleased to announce it has received a $975,000 three year grant from the Substance Abuse and Mental Health Services Administration (SAMSHA).  These funds will enhance the services already provided by the existing Adult Drug Court program and support the newly created Native American Healing to Wellness (“HWC”) track of the Court's Drug Court.

"We are very excited to add the HWC component to our existing treatment court. We believe that it will enhance the likelihood of success for those participants who qualify for it.  The Court is strongly committed to our treatments courts as they have assisted the Court, the participants and the public addressing the difficult issues that bring so many into our criminal justice system," said Chief Judge Nan Nash.

The Second Judicial District Court (SJDC) operates several treatment courts.  The SJDC Adult Drug Court was established in 1995 and is currently presided over by Judges Cristina Jaramillo and Charles Brown.  The SJDC DWI Court was established in 2015 and is presided over by Judge Jacqueline Flores.  The SJDC Veterans Court was established in 2011 and is presided over by Judges Cristina Argyres and Stan Whitaker.  The SJDC Juvenile Drug Court was established in 1989 and is presided over by Judges Marie Ward and John Romero.  Each program operates a dedicated docket, utilizes experienced Court probation officers and has formal treatment services contracts to address treatment and case management needs.  The SJDC treatment courts provide judicial oversight to approximately one hundred eighty-one participants at any given time and use evidence- based practices, including incorporating the key components of Adult Drug Courts developed by the United States Department of Justice in collaboration with the National Association of Drug Court Professionals.

The primary mission of the Adult Drug Court program is to reduce substance use through a variety of different treatment options and reduce substance abuse related criminal activity by providing necessary judicial support and supervision.  The urban Native American Healing to Wellness track “(HWC”) will use evidence-based practices and focus treatment and case management services for Native American participants who are eligible to participate in Adult Drug Court.  Honorable Judge Brianna Zamora will be the presiding judge of HWC with team members from the Second Judicial District Court Pretrial Services, Public Defender’s Office, District Attorney’s Office, law enforcement and community treatment providers.

"This grant will allow a higher level of service to our participants, including best practices, traditional healing, and culturally relevant methods that will assist them in their spiritual and physical recovery while ensuring community safety and improving quality of life," said Judge Zamora. SAMSHA awards federal grants through a competitive application and review process.

The Honorable John Romero, Jr. of the Second Judicial District Court, Children’s Court Division in Albuquerque, N.M. will become president of the National Council of Juvenile and Family Court Judges (NCJFCJ) next July 2018. He will be the first president representing New Mexico in the organization’s 81 years.

The NCJFCJ Board of Directors recently elected Judge Romero as president-elect, after serving as a member of the organization for 13 years, with five years on the Board. He will serve in that capacity until taking the president’s title.

Judge Romero also serves on the NCJFCJ Governance and Family Violence and Domestic Relations Committees. He is also the lead judge for the NCJFCJ’s National Judicial Institute on Domestic Child Sex Trafficking, which has educated more than 400 judicial officers nationwide to better identify children at risk of child sex trafficking, and encourage judicial leadership to help improve outcomes for victims.

"The NCJFCJ has been fortunate to have Judge Romero as our lead faculty judge for our National Judicial Institute on Domestic Child Sex Trafficking since its inception," said Joey Orduna Hastings, NCJFCJ CEO. "Judge Romero's knowledge of the judiciary, his compassion and dedication to the children and families he serves, and his ability to educate and engage his peers will make him a great leader of this organization."

As presiding judge of the Second Judicial District Court’s Children’s Court Division in Albuquerque, N.M., Judge Romero hears delinquency, child welfare and adoption cases. Judge Romero is actively involved in his community’s family violence prevention efforts and was recognized with the 2007 Spirit Advocacy Award. He presides over the Program for the Empowerment of Girls (PEG), an intensive multi-agency juvenile probation program for girls who have some type of violence and trauma in their history.

"The Second Judicial District Court is honored to have Judge John Romero serve as the President-elect on the NCJFCJ Board of Directors," said Chief Judge Nan Nash, Second Judicial District Court. "Judge Romero's lifelong work, dedication and compassion have helped improve the lives of countless children and families in New Mexico. He will bring that same enthusiastic leadership to the NCJFCJ."

Judge Romero is co-chair emeritus of the Children’s Court Improvement Commission. He remains involved with the Tribal-State Judicial Consortium. He was the first judge in the country to be recognized as a certified child welfare law specialist by the American Bar Association (ABA)-accredited National Association of Counsel for Children. In 2014, Judge Romero received the Alice King Public Service Award. Earlier this year, Judge Romero accepted an appointment on the National Advisory Committee on the Sex Trafficking of Children and Youth in the U.S.

"The New Mexico judiciary is proud that one its most experienced and conscientious judges will now have the opportunity to lead the NCJFCJ as it continues the important work of improving the effectiveness of juvenile justice courts nationwide," said Chief Justice Judith Nakamura, New Mexico Supreme Court. "Judge Romero has worked tirelessly on behalf of all New Mexicans to improve the lives of juveniles and families with his innovative and thoughtful approaches to child welfare and juvenile justice."

Judge Romero will be sworn in as NCJFCJ president during their 81st Annual Conference in Denver, Colo., July 22-25, 2018.

Jurors will now have a new user-friendly jury system to use in the Second Judicial District Court to make the jury experience easier and more rewarding. Because of the large number of trials in the Second Judicial District Court (over 321 trials in FY 2016), an efficient and cost-effective process for managing jurors is essential. The purpose of a jury management system (JMS) is to permit a robust jury management system, including juror summoning and qualifying, jury selection, service on trials, juror pay, postponements and, when necessary, excusals.

For many years, this Court had its own personalized, “home-built” JMS, carefully tailored to the specific needs and practices of this jurisdiction. While our JMS served our needs well over its life, a new system was necessary to allow this Court to have advanced technology consistent with best practices of jury management in the digital era.

After a competitive bidding process, the Administrative Office of the Courts selected the JURY+ Web Gen & Web Solutions programs offered by Jury Systems, Inc, in order to successfully implement a comprehensive state-wide web-based jury management system. Jury Systems, Inc., an American company based in Simi Valley, California, has been in business since 1997 and has had over 400 installations throughout North America.

Some of the features of its Web Gen module are:

• Processes juror source lists and groups
• Sends questionnaires and summonses
• Forms jury panels
• Records juror service and basic case information
• Maintains juror information, history and statistics
• Provides automatic payroll processing
• Computes and maintains case juror costs
• Produces jury management reports and notes

On the jurors' side, the JURY+ Web Solution lets jurors complete and submit their questionnaires online, as well as allowing them to:

• Provide or update their personal information
• Qualify/disqualify themselves
• Request a postponement or change their reporting schedule
• Request a permanent excuse
• Review their service status and history

There are several advantages of the new system. Paper questionnaires are no longer sent automatically to jurors, saving paper costs and postage. It reduces the cost of handling (sorting and filing) hard-copy questionnaires and other documents. The submitted digital questionnaires may also be transmitted electronically once received by the court, reducing the amount of paper use and associated costs. The new system significantly reduces the amount of data entry that would otherwise be performed by a clerk. The digital forms are also uniformly legible and it keeps documents from being lost or damaged. Juror questionnaire data is removed within ninety days after jury service in accordance with Supreme Court Order 00-8500.

After the system is implemented throughout the New Mexico judiciary, it will be possible to make further use of the Jury + system to allow additional features such as juror self check-in when reporting for service and an opt-in feature which would allow jurors to receive a text notification or e-mail as a reminder of upcoming jury service.

Albuquerque, New Mexico-The Second Judicial District Court announces that a special Case Management Order (CMO) preliminary hearing calendar will be established to help facilitate moving criminal cases forward on their merits.   The District Attorney has committed to get cases refiled and to move forward with the prosecution of 8,000 cases claimed to be backlogged due to the CMO. To ensure there is no delay to the District Attorney’s commitment to the public, beginning the week of July 16, 2017, the Court will add two additional weekly preliminary hearing tracks that the District Attorney’s office can fill with backlogged cases.  All other criminal cases will be brought on the regular preliminary hearing calendars or grand jury days already currently provided to the District Attorney’s office. 

The first CMO preliminary hearing calendar is scheduled for Friday, July 21, 2017.  The Second Judicial District Court stands ready to work with the District Attorney’s Office whenever possible, specifically to get cases refiled and moving. 

Albuquerque, New Mexico-The Second Judicial District Court will establish a Young Adult Court (YAC) in early August of 2017. The mission of the YAC is to enhance long term public safety and reduce recidivism by working in partnership with young adults, supporting them to make a successful transition into adulthood. The Second Young Adult Court Program is a partnership of key criminal justice stakeholders. Honorable Judge Cindy Leos (with the back-up assistance of Chief Judge Nan Nash) will be the presiding judge with team members from the Second Judicial District Court Pretrial Services, Public Defender’s Office, District Attorney’s Office, law enforcement and community treatment providers.

The YAC is a pre-plea/post-plea court program for individuals from ages 18 to 25, arrested in Bernalillo County, who have legal and social service needs. YAC will provide a comprehensive programming of strength based, trauma informed and evidence supported educational, vocational, and counseling opportunities, in conjunction with court supervision, to engage and empower young adults to reach their full potential. The program will address youth with extensive trauma histories, inadequate support systems and housing, minimal educational and employment histories. Some youth who have substance abuse issues and co-occurring mental health histories will also benefit from the YAC.

This new specialty court will be an addition to the four other specialty court programs in the Second Judicial District Court.             

• DWI Court
• Veteran’s Court
• Mental Health Court
• Drug Court

The Second Judicial District Court and the Bernalillo County Metropolitan Court have implemented a new data-driven  risk assessment tool known as the Public Safety Assessment, or PSA, to provide objective information for judges in determining conditions of release for criminal defendants awaiting trial.

Judges began using the PSA June 12 as part of a multi-year effort to strengthen the criminal justice system in the state’s largest county.

The PSA uses nine factors to produce two risk scores: one measuring the likelihood that an individual will commit a new crime if released pending trial and another evaluating the likelihood that he or she will fail to return for a future court hearing. The tool also flags defendants that present an elevated risk of committing a violent crime. Risk scores fall on a scale of one to six, with higher scores indicating a greater level of risk. The PSA does not require an interview with a defendant and is more up to date than the risk assessment that the courts have been using since 2015.

Even after the PSA has been implemented, judges will retain all of their authority and discretion. They will continue to make decisions on bail issues, including whether to require a bond, release defendants on their own recognizance, or impose certain restrictions.

"Implementing a cutting-edge risk assessment continues our team effort in Bernalillo County to ensure a fair and effective criminal justice system," said Second Judicial District Court Chief Judge Nan Nash. "Judges make difficult decisions each day as they follow the law in setting pretrial release conditions for defendants. The PSA will provide judges with reliable, objective information to consider in those decisions."

"In addition to identifying defendants who pose a threat to the community, the PSA will also help judges safeguard citizens' rights by preventing unfair jailing of defendants who don’t," said Metropolitan Court Chief Judge Edward L. Benavidez.

New Mexicans overwhelmingly approved a constitutional amendment last year to reform the state’s bail system. Voters reaffirmed the constitutional principle that people awaiting trial who are not dangerous or a flight risk will not be held in jail just because they cannot afford a money bond. Judges were also authorized to hold the most dangerous defendants in jail without bail pending trial, but that can occur only if the State requests the defendant be held and after an evidentiary hearing where the State proves that no release conditions will reasonably protect the safety of any other person or the community. A determination to hold a defendant in jail without bail does not solely rely on a defendant's risk assessment score.

"Our #1 priority is making our community safer. The Public Safety Assessment gives judges an evidence-based tool to help distinguish high-risk, potentially violent defendants from low-risk ones for critical pretrial decisions in the criminal justice system. We can achieve a win-win by increasing public safety while saving taxpayers the high costs of jailing defendants who pose little threat to the community," said Bernalillo County Commissioner Maggie Hart Stebbins.

The PSA initially will be used in felony cases, and will be implemented later for misdemeanor cases.

Created by the Laura and John Arnold Foundation (LJAF) in partnership with leading criminal justice researchers, the PSA was developed using the largest, most diverse set of pretrial records ever assembled—1.5 million cases from approximately 300 jurisdictions across the United States. Researchers analyzed the data and isolated factors that most often exist for defendants who commit a new crime, commit a violent crime, or fail to return to court if released before trial. The factors are:

• Whether the current offense is violent;
• Whether the person had a pending charge at the time of the current offense;
• Whether the person has a prior misdemeanor conviction;
• Whether the person has a prior felony conviction;
• Whether the person has prior convictions for violent crimes;
• The person’s age at the time of arrest;
• Whether the person failed to appear at a pretrial hearing more than two years ago;
• How many times the person failed to appear at a pretrial hearing in the last two years; and
• Whether the person has previously been sentenced to incarceration.

The weight given to these factors and the formula used to calculate the risk scores is available on the LJAF website. It does not use information that is considered potentially discriminatory, such as a person’s ethnic background, income, level of education, employment status, neighborhood, or any demographic or personal information other than age.

The PSA is currently being used, or is in the process of being implemented, in approximately 35 jurisdictions across the country, including statewide in Arizona and several other states, as well as some of the nation’s largest cities. Initial results indicate that the tool is helping to protect public safety while reducing jail populations and freeing up funds for other government priorities. In Mecklenburg County, North Carolina, for example, the jail population dropped nearly 20%, with no increase in crime, in the year after the PSA implementation began in the spring of 2014. In Lucas County, Ohio, the percentage of pretrial defendants released by the court on their own recognizance has nearly doubled, pretrial crime is down, and the percentage of defendants who skipped their court date has been dramatically reduced since the county began using the PSA in January 2015.

LJAF is making the PSA available for free to Bernalillo County as well as the other jurisdictions that are implementing the risk assessment tool.

The Second Judicial District Court commemorated National Mental Health Awareness Month by participating in a special behavioral health event.  Bernalillo County, the City of Albuquerque and the Albuquerque Bernalillo County Government Commission (ABCGC) jointly hosted the May 23, 2017 event to raise mental health awareness event on Civic Plaza. SJDC Veterans, Mental Health, Drug Court, and Childrens Court staff answered questions from the public and featured the resources that SJDC has available.

“SJDC specialty courts have taken a leadership role in the community and have helped to change lives, save taxpayer dollars and build safer communities,” said Chief Judge Nan Nash.

SJDC Veterans Court provides veterans with the tools needed to lead productive and law-abiding lives through treatment, rehabilitative programing, reinforcement and judicial monitoring. SJDC Mental Health Court focuses on support, accountability and intensive monitoring felony offenders that have been diagnosed with a serious mental illness. SJDC Felony DWI Court operates in a post-conviction model using an intensive supervision, accountability and long-term treatment to reduce recidivism among repeat offenders. SJDC Childrens Drug Court also provides support services and family counseling for children and teens with substance abuse issues. 

According to the National Alliance on Mental Illness, 1 in 5 U.S. adults and 1 in 5 children ages 13-18 will experience a mental health condition in their lifetime.

SJDC has made an initiative to host several adoption ceremonies a year given the increased number of children needing homes. The Second Judicial District Children’s Court is raising awareness of the more than 100,000 foster children awaiting permanent loving families by hosting adoption ceremonies.

People gathered at Children’s Court on May 12, 2017 as twenty-two children were adopted prior to celebrating Mother’s Day weekend together as families. A majority of the children spent time in foster care, sometimes in multiple homes and different schools. For these families, the Children’s Court adoption event was life changing.

"This is just basically starting over and forgetting everything bad that has happened before," said one child, Christopher. "I've been waiting for a long time for this to happen, and it just finally happened," added Marcia Englton-Waltz. "My family adores Christopher and we are happy that he is part of our lives."

"Children’s Court opens its doors for children and youth to enter into a parent and child relationship with their 'forever families'," said Presiding Judge John Romero of the Children’s Court.

An adoption is the creation of a legal relationship between a new parent and a child, similar to that of a biological parent and child. Children in foster care who cannot be safely reunified with their biological families are adopted after the parents’ rights are voluntarily or involuntarily terminated. Adoptees who have not been involved in the child protection system are adopted by a step-parent, a relative or other appropriate family carefully selected by birth parents prior to a voluntary adoptive placement.

Adoption festivities included hugs, photographs, stuffed animals, balloons, and an abundance of smiling faces.

The Second Judicial District Court Pro Bono Committee and the Volunteer Attorney Program sponsor four Law-La-Palooza events each year aimed at helping low-income residents with their legal needs.  The Law-La-Palooza events are free of charge and have helped over a thousand individuals get answers to their legal questions.

The second Law-La-Palooza event for 2017 was held on May 11, 2017 at the Cesar Chavez Community Center. Participants were able to speak with an attorney for thirty minutes and if needed were given additional resources to best assist their needs.  Attorneys, judges, court staff, service providers, and law students all volunteered their time and were able to assist 127 individuals at the May 11, 2017 Law-La-Palooza event.  As the issues presented at Law-La-Palooza cover a broad spectrum of legal issues, specialists are sought in family law, criminal law, consumer debt, taxes, immigration, and public assistance benefits.  Volunteers stayed past the event time to assist with the large volume of cases, particularly given the greatest need in family law. 

The next Law-La-Palooza will be on August 24, 2017 at the Raymond Sanchez Community Center (9800 4th St NW, Albuquerque, NM 87114). Participants are asked to bring all relevant documents related to the issue for discussion in order to provide quality legal assistance.  Attorneys and staff who are bilingual in Spanish and American Sign Language will be available.  Services are provided on a first-come, first-serve basis.  

The Second Judicial District Court Felony Repeat Offender DWI Court recently held a graduation ceremony to celebrate the successes of its recent graduates. The Second Judicial District’s Felony Repeat Offender DWI Court is an effective and cost-saving alternative to incarceration. The SJDC Felony Repeat Offender DWI Court is a demanding 18 to 24-month program for offenders who have had repeat DWI convictions. The program operates in a post-conviction model and uses intensive supervision, accountability, and long-term treatment. The goal is to protect public safety and reduce recidivism among repeat DWI offenders while providing an alternative to incarceration in addition to offering solution for New Mexico’s unique struggles with felony DWI offenders.

The SJDC program has had thirty graduates since its  inception in March 2013.  “Seventy-five percent of individuals who graduate from this program will not become reoffenders. The four recent graduates from the program have shown personal growth and are ready to start a new chapter in their lives,” said Judge Jacqueline Flores.

During the graduation ceremony, each of the graduates spoke about their personal experience in the program and the message of hope. “I love my life now. My life is so unreal right now,” said one of the graduates. “I feel like if this option was not here, I would have been lost in my addictive behavior,” said another graduate.

The SJDC DWI Court Team utilizes individuals from all criminal justice stakeholders (prosecutors, defense attorneys, probation, law enforcement, and others) along with alcohol or drug treatment professionals.  The SJDC DWI Court Team consists of: Honorable Jacqueline Flores; DWI Program Manager Anthony Rodulfo; DWI Court Pretrial Services Officer Terri Ketner; Dr. Lester Brasher, Albuquerque Behavior Health; Guinevere Ice, Assistant District Attorney; and Leanne Hamilton, Public Defender.

The Felony DWI Court repeat offender program requires therapeutic treatment, regular court appearances, drug testing, regular office check-ins with the program manager or pretrial services officer. The treatment component of the program is comprehensive and is designed to develop self-awareness, realize self-worth, and practice self-discipline. The individual and group counseling sessions will include problem identification and alternative solutions.

As of June 2015, the National Drug Court Resource Center reports there are 1,561 Adult Drug Courts operating in the United States, 431 of which are Hybrid DWI/Drug Courts. There are eight DWI Courts operating in New Mexico with the Second Judicial District Court having the only felony DWI Court Program in New Mexico.

In 1958, President Dwight D. Eisenhower recognized the nation’s commitment to the rule of law by establishing the first Law Day. Congress issued a joint resolution in 1961 officially designating May 1 as the official Law Day and its contributions to the freedoms enjoyed by all Americans. Every President since then has issued an annual Law Day Proclamation.

Celebrating Law Day provides citizens an opportunity to learn about the legal system and how justice is achieved. Law Day is sponsored every year by the American Bar Association to highlight the role of courts in American democracy. To honor the approaching 150th anniversary of the Fourteenth Amendment, this year’s theme is: “The 14th Amendment: Transforming American Democracy.” The 2017 theme explores the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, the 14th Amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation and the foundation for numerous decisions protecting fundamental rights and equal justice under the law.

“The Second Judicial District Court is celebrating Law Day and this year’s theme, “The Fourteenth Amendment: Transforming American Democracy,” as we work together to advance the constitutional values that define American democracy and our jurisprudence,” said Chief Judge Nash. 

The Children’s Court has celebrated law day activities for five years.  “It is very rewarding to be part of the Law Day celebration, especially encouraging our youth to believe in themselves and recognize their true potential,” said Children’s Court Presiding Judge John Romero.  The New Mexico Hispanic Bar Association, Roybal-Mack & Cordova P.C. and several community businesses joined in sponsoring Law Day at Children’s Court. Participating youth engaged in multiple events and activities at the Juvenile Justice Center.

The annual Peter H. Johnstone Day is a public service where couples can receive settlement facilitation assistance in pending divorces, child custody cases, dividing property or resolving other legal conflicts involving family issues.  Both parties in a case get up to three hours of legal advice with one or two experienced attorneys or mental health professionals to discuss their case.  If they are able to reach agreements, the documents are immediately drafted for review and filing with the court.

Fifty-four attorneys recently volunteered their time and services to serve as “pro bono” attorneys free of charge.  In order to be eligible for the program, neither party can be represented by an attorney.  This year the program handled 63 cases.  Of those cases, 65% reached a full settlement and 11% were partially settled providing an overall settlement rate of 76%.

“This program is a wonderful opportunity for family law attorneys to work with one another in assisting parties who are unable to afford legal representation.  The parties benefit from the attorneys’ expertise in providing creative and comprehensive resolution of all issues pending before the Court.  The Court greatly appreciates their efforts in bringing closure to cases in a more timely and less divisive manner,” said Judge Deborah David Walker, Presiding Judge for Family Court. 

The event is named for the late Peter H. Johnstone, a family law attorney in Albuquerque who was known for advocating for the best interests of children in custody cases.  He died in 2013.

Chief Judge Nash has been named one of the 2017 recipients of the Justice Mary Walters Award, presented annually by the University Of New Mexico School Of Law Women’s Law Caucus.

Each year, the Women’s Law Caucus chooses outstanding women in the New Mexico legal community to honor in the name of former Justice Mary Walters, who was the first woman appointed to the New Mexico Supreme Court.  Chief Judge Nash represents the trailblazing spirit and many of the qualities exemplified by Justice Mary Walters: respect for the law, a calm judicial demeanor, an intellectual curiosity, civility, and integrity.

Nan G. Nash was appointed to the New Mexico Second Judicial District Court Bench Division XVII in January 2003.  Judge Nash served as presiding judge of the SJDC Family court from December 2004 through September 2007.  She joined the Civil Division in September 2007.  Judge Nash was elected as Chief Judge of the SJDC in April 2014.

Prior to joining the bench, Judge Nash served as a Special Commissioner of Domestic Violence and a Child Support Hearing Officer for the Second Judicial District Court.  She has served on numerous task forces and committees addressing family violence and family issues including chairing the Supreme Court Domestic Relations Task Force.  Judge Nash began her career with the Second Judicial District Court as the director of Court Alternatives. She remains active in the alternative dispute resolution community.  She taught ADR related courses as an adjunct professor at the University Of New Mexico School Of Law since 1994 most recently teaching Family Mediation Training from 1999 through 2015.

Judge Nash currently serves as Chair of the Supreme Court Access to Justice Commission and recently completed an eight year term on the New Mexico Judicial Standards Commission. Her work as chief judge has focused on criminal pretrial reform, the elder and disability initiative and the fiscal and administrative management of the court. Judge Nash is a graduate of Indiana University School of Law and practiced with the firm of Civerelo, Gralow & Hill, P.A. before joining the Court.

Alma Lerma, a paralegal with the Second Judicial Center for Self Help and Dispute Resolution, recently received an award at the 2nd Annual Awards Luncheon for the Volunteer Attorney Program sponsored by New Mexico Legal Aid.  Ms. Lerma received the Non-Attorney Volunteer Award for 2016.

“We are so proud to see Alma recognized for her ongoing commitment to the pro se community. Her empathy and respect for others are unparalleled as she continues her service to the judiciary and to the public,” said Torri Jacobus, Director of Center for Self Help and Dispute Resolution for the Second Judicial District Court. 

Alma has been with the Second Judicial District Court since 2002.  Ms. Lerma earned her Associate’s Degree in Paralegal Studies and is certified as a Language Access Specialist.  Ms. Lerma assists Spanish speaking customers who utilize services from both the Civil Law Clinic and the Family Law Clinic.  She was commended for her patience and continually going beyond the call of duty to assist someone with understanding the protocols and the next actions required to move a case forward.  Alma’s acceptance of her award touched everyone as she included all volunteers as part of what it takes to get the job done.

A new art collection proudly featuring work by youth artists has become an integral part of the Second Judicial District Court Children’s Court.  The SJDC Children’s Court Second Floor Hallway is now the permanent home to the “The Botanical Studies Project”. The project is a collaboration between youth artists at the Youth Services Center and Bernalillo County Public Art Project Coordinator Nan Masland.

“The youth art displayed at the Children’s Court serves to enrich the community, offers children hope and helps to provide an engaging and friendly environment,” said John Romero, Presiding Judge of Children’s Court. 

Drawing inspiration from Georgia O’Keefe, the youth studied images of local flora and translated them into “larger-than-life” portraits of flowers and plants.  Using tissue paper and glue, the artists added layers of color to create the images.  The final works were on display for a few months in an exhibit hosted by Commissioner Maggie Hart Stebbins at One Civic Plaza on the Tenth floor in the Bernalillo County Manager’s Suite. 

The youth artists donated their work to the Betty Sabo Inventory. The artwork in the inventory is funded by methods other than the 1% for the Arts.  Pieces in the inventory may be located in semi-public locations such as governmental offices, clinic waiting rooms, and courtrooms. 

Participating artists include:
Ali
Jolene
Erlynda
Alexis
Angelica
Enrique
India
Skye
Isaiah
Ivan
Noah
Chris

Zeus, the Second Judicial District Court Veterans Court Canine Ambassador, has been selected for the 2017 John Henry Award by the Behavioral Health Planning Council of New Mexico. The John Henry Award honors an exceptional animal who, on a daily basis and over the course of his/her lifetime, has demonstrated loyalty, dedication and love to clients and their family members. The Behavioral Health Planning Council of New Mexico honored Zeus as the 2017 John Henry Award recipient because Zeus has made a significant impact on behavioral health, one person at a time.

"Our Court is proud of Zeus' committed service to our Veterans Court Program and his extraordinary and meaningful impact on the daily lives of veterans," said Judge Christina Argyres, one of the presiding judges of the SJDC Veterans Court Program. Ginger Varcoe of SJDC Pretrial Services facilitates interaction between Zeus and SJDC Veterans Court participants during court hearings. Zeus, a three year old Labradoodle, is a graduate of the Assistance Dogs of the West that is certified by Assistance Dogs International. Zeus is also part of the Warrior Canine Connection effort that teaches warriors with combat injuries how to train service dogs for other veterans with disabilities.

"Zeus has brought incredible joy to our Veterans Court and has provided tremendous support to our veteran participants," said Judge Stan Whitaker, another presiding judge of the SJDC Veterans Court. Zeus will be honored at the Star Award Ceremony on February 14, 2017 at 9:00 a.m. at The Lodge at Santa Fe. The ceremony will feature innovative programs sharing their successes, experiences and what recovery means to them. Zeus will also be formally recognized at the Behavioral Health Day at the New Mexico Legislature, February 15, 2017 from 9:00 a.m. to 12:00 p.m. at the State Capitol’s Rotunda.

"Zeus is a cherished member of the Second Judicial District Court family, helping veterans re- integrate in the community," said James Noel, Court Executive Officer of the Second Judicial District Court.

Judges of the Second Judicial District Court convened in a special session Friday (February 3, 2017) for the formal investiture of their newest colleague, District Judge Jane C. Levy. Judge Jane Levy became the 109th judge appointed to the Second Judicial District Court.

Held at the Bernalillo County Courthouse in Albuquerque, the investiture ceremony drew a full crowd that included Judge Levy’s family, friends, and many colleagues. New Mexico Court of Appeals Judge Michael Vigil administered the oath of office to Judge Levy. Speakers included Second Judicial District Court (SJDC) Chief Judge Nan Nash; Robert Levy, Judge Levy’s father and an attorney who has practiced law before the Court; retired Second Judicial District Judge Susan Conway, Judge Levy’s mother, who served on the bench for eighteen years; and Judge Deborah Davis Walker, SJDC Presiding Judge of Family Court.

"We are honored to have Judge Levy join the bench; she possesses many of the important attributes of an excellent judge: intelligence, character, and humor, and provides hope for the future," said Chief Judge Nan Nash.

Judge Levy is the first female judge to be robed by her mother, Judge Susan Conway (retired), who served as the 45 th judge of the Second Judicial District Court. At the time Judge Conway joined the SJDC bench in 1985, there were two women on the Court’s bench. Today, the majority of SJDC judges are women. “Judge Levy is committed to family court and helping the children and parents of New Mexico,” said Presiding Judge Deborah Davis Walker of the SJDC Family Court.

Judge Levy’s parents beamed with pride in speaking of her accomplishments. “Jane will do a spectacular job as a judge in SJDC family court given her fairness, compassion, and her understanding the needs of children,” said Honorable Susan Conway. Robert Levy is honored that his daughter has joined the bench and is confident that she will leave her own indelible mark on the bench. “She will keep her feet on the ground as she follows in her mother’s footsteps,” said Robert Levy.

Judge Levy thanked the Governor, the Supreme Court, the Court of Appeals, and her fellow judges remarking that she was thrilled to be part of the judiciary. Judge Levy concluded her remarks by thanking her parents, her husband, Scott, and the couple’s two children, Oliver and Sydney, for their support.

Judge Levy will begin her first term on the Second Judicial District Court. Judge Levy has practiced law for more than ten years, with a focus on advocating for New Mexico families. In addition to her legal experience, Judge Levy has spent time volunteering for organizations that help domestic abuse victims and the homeless. Judge Levy holds a Juris Doctorate from Lewis and Clark Law School, a Master’s Degree in Psychology from Lewis and Clark Graduate School of Education and Counseling in Portland, Oregon, and a Bachelor’s Degree from Beloit College in Beloit, Wisconsin.

The Second Judicial District Court proudly welcomes two new judges to the Court in January 2017.  Judge Cindy Leos is from Albuquerque, New Mexico and attended Moriarty High School.  She received a bachelor’s degree in sociology from the University of Colorado in Boulder, Colorado, and earned her Juris Doctorate from Chicago-Kent College of Law in Chicago, Illinois.  Her professional experience includes working in private practice, as a Children’s Court attorney for Child Protective Services, and as a Felony Attorney/Supervisor for the New Mexico Office of the Public defender.  Judge Leos was elected in the general election on November 8, 2016 to Division IX of the Second Judicial District Court.

On November 29, 2016, Governor Susana Martinez appointed Jane Levy of Albuquerque to Division XXV of the Second Judicial District Court, filling the vacancy created by the retirement of Judge Elizabeth Whitefield.  Judge Levy has practiced law for more than ten years, with a focus on advocating for New Mexico families.  In addition to her legal experience, Judge Levy has spent time volunteering for organizations that help domestic abuse victims and the homeless.  Judge Levy holds a Juris Doctorate from Lewis and Clark Law School in Portland, Oregon and a Bachelor’s Degree from Beloit College in Beloit, Wisconsin.

"Both Cindy Leos and Jane Levy have vast legal experience, a fair and balanced temperament that is required as a district court judge and we look forward to working with both of them," said Chief Judge Nan Nash.

The Second Judicial District Court hosted a Giving Tree Project for local organizations in need this holiday season.  SJDC partnered with Court Appointed Special Advocates (CASA), New Mexico Veterans Integration Center, and Animal Humane New Mexico in this Giving Tree Project.  Children's Court has an established relationship with CASA and has had a giving tree for several years.  SJDC staff demonstrated remarkable dedication to community service.  SJDC giving trees were located on the fourth floor of the Bernalillo County Courthouse and at the Juvenile Justice Center during the month of December.

"This project seeks to bring a little extra joy to children and veterans during this season of giving.  It also recognizes the importance of companion animals and seeks to provide comfort to those that were abandoned or lost," said James Noel, Court Executive Officer.  SJDC court staff overwhelmingly came together in this court wide project aimed at supporting the community.  The value of private donations by SJDC staff, friends, and other generous community partners donors is estimated to be over $5000.  SJDC staff contributed several wish list items, ranging from toys, winter clothing items, professional attire, shoes and companion animal needs.

"The outpouring of community support from SJDC staff has been tremendous," said Chief Judge Nan Nash, "and I want to thank our staff for making the holiday wishes of our community become a reality and making a meaningful difference for these service organizations."

Employees at the Second Judicial District Court recently completed another successful blood drive, donating 25 units through United Blood Services.

The blood drives have been organized at the Courthouse over the past four years under the leadership of procurement specialist Darrell Evans. “Darrell is the reason I donated blood,” said Roxyanne Janet, bailiff for District Judge Jacqueline Flores. “He does a great job of getting people out of their seats and motivating us to make a difference.”

There is always a demand for donated blood, which is distributed to hospitals in the Albuquerque area, across New Mexico and even out of state if needed. The Court’s partnership with United Blood Services goes back 20 years.

Every three to four months, many Court employees step forward to help, and participants are eligible for a raffle where movie tickets or restaurant gift certificates are awarded.

Court administrators encourage all of our employees and anyone else to sign up to become a donor. The next blood drive at the Courthouse is scheduled for January 10.

To help young people learn about career opportunities in the Judiciary, representatives from the Second Judicial District Court’s Human Resources Division attended a career fair at La Cueva High School.

Eric Mitchell and Janet Van Why encountered many students who were interested in learning more.

Students at the career fair visited booths set up by an array of employers, who told the young people about required education, typical compensation, work schedule and career possibilities.

"We have found that many high school and college students are unaware of careers within the Judiciary, and we have also experienced difficulty in recruiting individuals who are interested in a profession within the courts," said James A. Noel, Court Executive Officer.  "So we are taking affirmative steps to publicize career opportunities within the New Mexico Judiciary for individuals who are looking for a solid career path serving the public."

The Second Judicial District Court is a great place for students, offering career opportunities from management to legal services.

Internships and Externships are available for high school, college and law school students.  Education program credits may be available.

Previously, SJDC has worked with students from the University of New Mexico’s School of Law, Brown Mackie College in Albuquerque and other high school and college programs.

Students are exposed to various departments, including the civil, criminal, family and children’s courts, as well as the special services, domestic violence, domestic relations, self-help and jury divisions.

Training in security and confidentiality is provided. Minors must have parental permission.  If you are interested in these unique opportunities, please contact the Human Resources Division at (505) 841-7432.

There were Teddy Bears, stuffed frogs, kittens and even a tiny dinosaur, all part of a special delivery when New Mexico Highlands University students visited the Juvenile Justice Center.

The Teddy Bear Project was organized by NMHU social work students in Albuquerque and Rio Rancho. Students collected gently used stuffed animals and cleaned them before delivery to the children.

The toys will go to children who are facing difficult situations at Children’s Court, such as out-of-home foster care placement or perhaps testimony about an adult relative in an abuse or neglect case.

"The stuffed animals are a great stress relief tool for children who, through no fault of their own, are placed in difficult circumstances,” said Judge John J. Romero Jr., presiding judge of the Children’s Court. “On behalf of all of our judges and staff, we are very grateful to the Highlands students who donate their time to collect toys that become a source of comfort for many children.”

This is the second straight year the NMHU students have brought in the donated items. The idea came to graduate student Natalie Nicotine when she was a CYFD intern and saw the therapeutic impact of stuffed animals.

“The Courtroom is a very unfamiliar place for a child, and having a stuffed animal available can make a tough situation a little bit easier to handle,” she said. “Having a little friend in their hands can help the children begin to relax and feel more comfortable.”

The Second Judicial District Court recently commemorated Mediation Week, an initiative created by the American Bar Association (ABA) and proclaimed by the New Mexico Supreme Court.  SJDC Mediation Week celebrated the strides SJDC has made in valuing mediation as one of several dispute resolution processes.

“The Second Judicial District Court mediation programs highlight the Court’s commitment to alternative dispute resolution services that are available to Bernalillo County citizens, families and businesses,” said James Noel, Court Executive Officer.

Mediation is a dispute resolution process where a neutral third party facilitates communication between parties to help them reach a voluntary and mutually acceptable agreement.  Mediation offers many benefits to litigants, the courts and the public, including increased satisfaction with the dispute resolution process and outcome, reduced court cost and caseloads and improved community relationships.

The Second Judicial District Court provides mediation to assist litigants in resolving a broad array of disputes that include civil, family, juvenile and criminal matters.  SJDC alternative dispute resolution programs have the goal of early, fair, efficient, cost-effective and informal resolution of disputes.

The Center for Self-Help provided services to 15,417 self-represented litigants in Fiscal Year 2016.  The Pro Bono Committee added a monthly Family Law clinic, serving 189 litigants, while the monthly Civil Law Clinic served 311 litigants and the quarterly Law-la-palooza events served 517 litigants.  The Court also sponsors Peter H. Johnstone Day, where attorneys and mental health professionals provide free assistance to pre-screened couples to help with divorce, child custody and other family legal issues.

Both the SJDC Civil Division and the Family Court provide settlement facilitation services, where facilitators help parties resolve disputes outside the courtroom. The SJDC Court Clinic offers mediation to resolve child visitation and child custody time-sharing issues.  Mediation in SJDC Children’s Court targets abuse and neglect cases.  The SJDC Criminal Division offers mediation that is limited to specific cases.  The SJDC Residential Mortgage Foreclosure Settlement Program brings homeowners and lenders together with a settlement facilitator to seek alternatives to residential foreclosure which are agreeable to both.

The Honorable Elizabeth Whitefield, the Presiding Judge of the Second Judicial District Family Court, has announced her retirement from the bench, effective October 1.  Judge Whitefield will serve as a Pro Tem judge to assist with the Family Court’s caseload until a successor is named.  She was appointed to the bench in 2007 after more than thirty years as a family law attorney.

“On behalf of all of our judges and staff, we congratulate Judge Whitefield on her outstanding legal career and wish her the best in retirement,” Chief Judge Nan Nash said. “Judge Whitefield is revered for her contributions to the legal community in Albuquerque. Our Courthouse will not be the same without her.”

Among Judge Whitefield’s many contributions to the Court was the start-up of Peter H. Johnstone Day, where attorneys and mental health professionals provide free assistance to pre-screened couples who need help resolving divorce, child custody or other family legal issues.  Judge Whitefield was recognized by the University of New Mexico School of Law as a 2015 Distinguished Achievement Award recipient for her outstanding contributions as an attorney and judge as well as for her years of community service.

Family Court handles divorces, legal separations, custody and time-sharing matters, division of property and debts in divorce cases, spousal support, child support, Uniform Parentage Act cases for unmarried parents, domestic violence cases, kinship-guardianship of children cases and adult adoptions.  Applications to fill the vacancy are due to the Judicial Nominating Commission by October 20.  Commission members will meet October 31 to begin the nomination process.  Members review applications and forward recommendations to the Governor, who then has thirty days to make an appointment.

A new courtroom has opened at the Second Judicial District Court, expanding the space available for Family Court proceedings.

“Bernalillo County’s funding of the new courtroom is vital to the Second Judicial District Court’s Family Court because it enables them to continue doing what they do best: resolving matters involving families and children in a fair, equitable and accessible forum,” said Chief Judge Nan Nash.
 
Previously, SJDC Family Court judges shared space in three courtrooms on the second floor.  While the new courtroom is available as needed for any proceeding, it will be utilized primarily by Family Court District Judge Debra Ramirez, who  is assigned to the domestic violence seat. The Family Court Division also uses hearing rooms for divorce, child custody and child abuse cases.
 
Bernalillo County, as landlord of the Courthouse, graciously provided funding and personnel to complete the work, which was sorely needed to meet complex caseloads in Family Court. The Court is very grateful to County Manager Julie Morgas Baca and staff from the Bernalillo County Facilities Management Department for their efforts to complete the work.
 
Contractors on the project included Anchorbuilt, OGB, P&M Caseworks, Floor Tech, Harrison Contracting, Simplex Grinnell, Miller’s Insulation, Sound and Signal, Studio Southwest Architects, TLC Plumbing and Heating, Glass on Wheels, Wilson and Co.,  Sandia Safe and Lock and Security & Access. Vendors included Pat’s Doors and Summit Electric Supply.

The Second Judicial District Court has instituted a new Foreclosure Settlement Program to provide settlement assistance in residential mortgage cases.  The program brings  homeowners and lenders together with a settlement facilitator to seek alternatives to residential foreclosures which are agreeable to both.

"The Foreclosure Settlement Program facilitators help Bernalillo County homeowners and lenders communicate in a meaningful way to resolve foreclosure cases,” said Chief Judge Nan Nash.  “One possible outcome is a loan modification that would allow a homeowner facing foreclosure to remain in their home."

During the settlement facilitation process, a settlement facilitator helps both sides explore options that are aimed at mitigating losses.

The SJDC mediators are licensed attorneys on contract with the Court. The program has the potential to decrease the number of defaults resulting in foreclosure, increase the likelihood that mortgage terms can be renegotiated and facilitate short sales, deeds-in-lieu of foreclosure or other alternatives for homeowners who are unable to keep their homes.

The Court encourages Bernalillo County homeowners and lenders in pending foreclosure cases to learn more about the Foreclosure Settlement Program by calling Program Specialist Christopher Peck at (505) 841-7568.

The Second Judicial District Court is a great place for students to learn more about the Judicial system and the many career opportunities from management to legal services that are available.

Internships and Externships are available to high school, college and law school students. Education program credits may be available.

“It’s a great way for the Court to introduce students to the workings of the Judiciary and to promote careers in the legal and criminal justice professions,” said District Judge Alan Malott, who helped initiate an internship last spring for a student from Atrisco Heritage Academy High School.

Starting in August, Kristina Escamilla from Brown Mackie College in Albuquerque is participating in a 60-hour extern program with the criminal division. Students from the University of New Mexico’s School of Law and other law schools also serve as clerks to many of the Court’s 27 judges.

The programs expose students to various departments, including the civil, criminal, family and children’s courts, as well as the special services, domestic violence, domestic relations, self-help and jury divisions.

Training in security and confidentiality is provided. Minors must have parental permission. If you are interested in these unique opportunities, please contact the Human Resources Division at (505) 841-7432.

Presiding Judge Charles Brown and the Criminal Division of the Second Judicial District Court were recently recognized with the 2016 Public Partnership Award by the Middle Rio Grande Council of Governments.  Joy Willis, Attorney Supervisor, and employees from the Pre-Trial Services Division were also honored for the Court’s role as a key member of the Bernalillo County Criminal Justice Review Commission.

“Please join me in congratulating Judge Charlie Brown and all of the judges and staff of the Criminal Division,” Chief Judge Nan Nash said. “This award recognizes our Court’s role in working with other justice partners in Bernalillo County to address and improve the criminal justice system.” 

The award was given to all partner agencies in the Albuquerque-area criminal justice system, including Metropolitan Court, the District Attorney, Public Defender, Metropolitan Detention Center, Albuquerque Police Department, Bernalillo County Sheriff’s Office, Administrative Office of the Courts and the Probation and Parole Office.

The Middle Rio Grande Council of Governments praised the groups for working together to streamline the criminal justice case processing system and reducing the length of time needed to resolve criminal cases.

“This resulted in a 45 percent reduction of the jail population, resulting in a safer environment for jail staff and inmates,” the Council noted. “The Commission’s work has also saved Bernalillo County taxpayers tens of millions of dollars over the past two years, all without reducing sentences, releasing inmates or being soft on crime.”

U.S. Justice Department officials recently visited the Second Judicial District Court to get an up-close look at the SJDC Felony DWI Court and the critical role it plays as an accountability court dedicated to changing the behavior of repeat DWI offenders. The SJDC Felony DWI Court is a demanding 18- to 24-month program for offenders who have had repeat DWI convictions that operates in a post-conviction model and uses intensive supervision, accountability, and long-term treatment. The goal is to protect public safety and reduce recidivism among repeat DWIoffenders while providing an alternative to incarceration.

Last fall, the U.S. Justice Department awarded a $279,919 grant to expand SJDC Felony DWI Court operations, which enabled SJDC to double the number of clients served from 30 to 60 individuals.

Representatives from the DOJ’s Bureau of Justice Assistance met with Chief Judge Nan Nash, District Judge Jacqueline D. Flores, Anthony Rodulfo, program manager, court administrators and other staff. The DOJ officials also attended a graduation ceremony to see first-hand how defendants can improve themselves through the program. The program’s first female graduate was among those honored.

“We are very pleased that our partners at the U.S. Department of Justice were able to see how their support is making a positive difference in our community,” Judge Flores said. Early studies of DWI Courts across the country have shown successful results and a significant reduction in recidivism.

Four judges at the Second Judicial District Court and three retired Pro Tem judges were recognized for their military service in the July edition of Albuquerque the Magazine.

The magazine features articles on local veterans and a photo montage of Albuquerque public figures who served in the armed forces. The District Court  judges who are featured include Judge Beatrice J. Brickhouse, a First Lieutenant in the Army from 1984-87; Judge Charles W. Brown, a Private in the Marine Corps from 1969-70; Judge John J. Romero Jr., a Lieutenant Junior Grade in the Navy from 1970-74; and Judge David N. Williams, a First Lieutenant in the Army from 1968-70 who also served in the Army Reserve from 1971-2005, retiring as a Lieutenant Colonel.

The Pro Tem judges who appeared in the edition are Judge Neil Candelaria, who served as an E4 for three years in the Army; Judge Marc Macaron, a captain who served six years in the Army National Guard and Army Reserves; and Judge Michael Martinez, who served in the Air National Guard from 1969-90 and reached the rank of Major.

The Second Judicial District recognizes and thanks our armed forces veterans who are continuing to serve Bernalillo County on the District Court bench.

Construction has been completed on the reconfigured entrance to the Bernalillo County Courthouse, which now features two security screening stations as part of an effort to streamline access for visitors, attorneys and employees.

A general entrance for all visitors is open during the regular business hours of8 a.m. to 5 p.m., while a second security entrance is now available for attorneys and Court employees from 8 a.m. to 9 a.m. and from 1 p.m. to 2 p.m. daily.  Deputies from the Bernalillo County Sheriff’s Office now utilize two operational screening stations to enhance Courthouse security.  Previously, all visitors were directed to a single security screening line.

The work began during the last week of February with minor construction continuing in stages to minimize potential disruptions.  The additional security improvements were installed without any delay to Courthouse access or operations.

The improvements will make it easier for visitors to enter the Courthouse, especially during the peak periods early in the morning and after lunch.

The Second Judicial District Court was well represented when Assistance Dogs of the West held its recent graduation ceremony.

The Santa Fe-based organization trains service dogs. That includes the service dogs that are part of the Veteran’s Court program, where military veterans who are facing criminal charges can help train dogs that in turn are sent to assist wounded veterans in other parts of the country.

Two veterans who successfully completed the program this year also participated in ADW’s graduation ceremony along with their dogs. They were Norm Landry and his dog, Yahtzee, and Luis Sandoval and his dog, Hamlet.

Also graduating were Ginger Varcoe, a program supervisor for the Veteran’s Court, and Zeus, her two-year-old Labradoodle.

Participants in the Veteran’s Court dog training program must enter a plea to a felony charge. Candidates are screened for eligibility on a case-by-case basis. Those accused of violent crimes, sexual offenses, crimes against children and other conditions are ineligible.

District Judges Christina Argyres and Stan Whitaker adjudicate the cases in Veteran’s Court.

Congratulations to our program participants and their graduating dogs!

The Honorable John J. Romero Jr., presiding judge of the Second Judicial District Children’s Court, participated in a plenary panel discussion on child sex trafficking and juvenile justice issues at the National Council of Juvenile and Family Court Judges conference.

Judge Romero, joined by three other panelists from national organizations, discussed a variety of issues, including the potential that sexually exploited children are perceived as delinquents, rather than as victims, if they are moved into the juvenile justice system.

Many juvenile justice advocates argue that young people in that unfortunate situation should have access to counseling and other specialized services instead of facing juvenile proceedings.

During another session of the March conference in Las Vegas, Nevada, Judge Romero was joined by Cynthia Salazar, Director of Special Programs at Children’s Court, for a discussion on the distinct pathways for girls into the juvenile justice system.

Salazar provided conference attendees with an overview of the Program for Empowerment of Girls (PEG), a coordinated, multi-agency approach that redirects troubled girls in Bernalillo County.  PEG has won praise for helping young women break from cycles of violence, trauma and addiction.

"PEG introduces young women to important life skills through confidence-building challenges," Ms. Salazar said.  "They get a safe structure where they can learn how to be accountable for their choices and take ownership of their lives."

The Second Judicial District Court has expanded its recycling program to include aluminum and plastic.

For many years the Court has recycled its waste paper through a private shredding program, but was unable to recycle plastic or aluminum through either the county or the city.

The Court employs over three hundred staff members and has twenty-seven judges with their judicial staff.  In addition, the Court hosts anywhere from 200 to 400 jurors on a weekly basis.

As a result, a significant volume of recyclable materials is generated on a daily basis.  For example, in FY2015 jurors discarded 39,920 plastic water bottles and 22,296 aluminum cans; in FY2016 that number has increased to 54,440 plastic water bottles and 29,424 aluminum cans.  The Court's recycling program will significantly reduce the volume of Courthouse waste directed to the Bernalillo County landfill.

"The volume of plastic and aluminum generated in this Court that ended up in the Bernalillo County landfill was staggering, and so we started looking into ways to re-direct this material from the landfill," said Court Executive Officer James Noel.  "A number of our judges and staff had been hauling their recyclable materials home to include in their household recycling because they couldn't stand throwing aluminum and plastic in the Court's trash bins.  We are very pleased that our paper recycler, Master Fibers, Inc., has agreed to expand its mission with the Court to include plastic and aluminum."

On Friday, August 19, the Second Judicial District Court will hold a briefing for news media representatives who are planning to cover the upcoming trial of two Albuquerque police officers.

The invitation is open to anyone who will be reporting on the proceedings, including traditional news media and non-traditional journalists such as bloggers.

District Judge Alisa Hadfield has issued a Standing Decorum Order in State v. Keith Sandy and Dominique Perez (D-202-CR-2015-00104 and D-202-CR-2015-00105). Jury selection begins September 12 and the trial is scheduled from September 19 to October 4.

Court Administration will review parameters for news coverage of the proceedings. Court Administration is also interested in hearing concerns from members of the press so we can ensure that coverage needs are met.

The meeting will start at 11 a.m. in the third floor conference room at the Bernalillo County Courthouse. Please confirm your attendance in advance by notifying Court Administration at (505) 841-7427.

The numbers are in and 2015 was a great year for the Second Judicial District Court’s legal clinics.

With help from 371 private attorneys who volunteered their time and services, the Court hosted clinics for free legal services to 878 people through the monthly Civil Legal Clinic, the monthly Family Law Clinic and the quarterly Law-La-Palooza event.

"This is a very important public service that is hosted by the Court and provided by private attorneys who step forward to help," said District Judge C. Shannon Bacon, presiding judge of the Civil Division.  "Most of the people use pro bono services because they simply cannot afford an attorney."

An analysis showed 78.8 percent of those who visited the Court clinics in 2015 had an income level that placed them below the federal poverty line.  Also of note, the number of participating attorneys increased by 91 percent from 194 in 2014.

Most of those who attended were able to resolve issues involving child custody and visitation or child support.  Other frequently seen matters included divorces, disputes between landlords and tenants or families resolving wills and probate issues.

The free Civil Legal Clinic is held in the third-floor conference room at the Courthouse from 10 a.m. to 1 p.m. on the first Wednesday of every month.  Cases are seen on a first-come, first-served basis, and attendance is limited to the first 25 people who qualify for low-income assistance.

The free Family Law Clinic is held from 10 a.m. to 1 p.m. on the third Wednesday of every month.  For this event, early registration is required.  For both clinics, interested parties should bring all paperwork related to the case for the pro bono attorney to review.

For more information or to register, please call 1-877-266-9861.

Young people who are participating in programs at the Bernalillo County Juvenile Justice Center learned about the historic Miranda ruling as part of the Second Judicial District Court’s observation of Law Day 2016.

The youth also took part in an art contest and heard from UFC competitor John "The Magician" Dodson, poet Hakim Bellamy and University of New Mexico Law School student Adam Oakey.  This was the fourth year of Law Day activities at the Children’s Court.

This year, our nation marked the 50^th anniversary of Miranda v. State of Arizona, where the U.S. Supreme Court established that a person in the custody of law enforcement must be advised of the right to consult with legal counsel before and during questioning.

The Miranda warning is familiar to most Americans from police television dramas.  It begins with, "You have the right to remain silent.  Anything you say can and will be used against you in a court of law."

Law Day is sponsored every year by the American Bar Association to highlight the role of courts in the American democracy and to promote careers in the legal profession.  Locally, the event is cosponsored by the New Mexico Hispanic Bar Association and organized by Albuquerque attorney Antonia Roybal-Mack.

The Bernalillo County Courthouse is undergoing heating and cooling system improvements, an effort that is expected to reduce electricity usage by up to 30 percent annually and save taxpayers more than $1 million over the next seven years by reducing utility costs and annual system maintenance costs.

"The cost of conventional electricity production continues to rise, and as it does, investment in energy efficiency not only becomes more feasible and cost effective but a necessity as government budgets shrink," said James Noel, Court Executive Officer. "We appreciate Bernalillo County's commitment to the taxpayer and the environment."

Using the new system controls, technicians will be able to monitor heating and cooling throughout the building from remote locations and provide comfortable temperatures for building occupants.

Companies involved in the project include CATCO Solutions, ICIS Controls and N-Demand. Bernalillo County Facility Management personnel are providing specialized labor support and project management.

Help is coming for low-income residents of Bernalillo County who need advice on civil legal issues.

The Second Judicial District Court is among the sponsors of Law-La-Palooza, scheduled for Thursday, May 19, at the Wells Park Community Center located at 500 Mountain Road NW.

For three hours starting at 3 p.m., more than 40 Albuquerque attorneys will be offering free legal advice.

Participants can speak with a lawyer for about 30 minutes and may be referred to other legal resources or assistance.  The event, which is held every three months, is aimed at helping low-income residents.

Anyone who hopes to take advantage of these legal services should bring all of the relevant documents and background paperwork related to the issue to be discussed.  To provide the highest levels of service, the attorneys will need full details.

The range of civil topics that are typically addressed at Law-La-Palooza include divorce, creditor/debtor matters, power of attorney, custody or guardianship, child support, public benefits, unemployment, landlord/tenant disputes, bankruptcy, immigration and wills and probate issues.

Attorneys and staff members who are bilingual in Spanish will be available. Services are provided on a first-come, first-served basis.  Unfortunately, criminal matters cannot be addressed.

With an aging population in New Mexico approaching or already living in the retirement years, the Second Judicial District Court is undertaking a proactive effort to serve residents in adult guardianship cases.

The Court this year doubled the staff dedicated to the Elderly and Disability Initiative.  In most instances, such cases involve a guardian who is appointed to make important decisions on behalf of an elderly person, usually a relative.  The arrangement often involves incapacity or disability.

The Court’s efforts include updating and modernizing files and organizing outreach meetings in Bernalillo County to inform residents about potential age-related legal issues and to publicize available resources.

"Our goal is to inform members of the public about resources that can help them navigate the legal system in guardianship cases," said District Judge C. Shannon Bacon, the presiding judge of the Court’s civil division.

According to the U.S. Administration on Aging, 21.7 percent of New Mexico residents in 2012 were over the age of 60.  By 2020, the figure is expected to grow to 27.6 percent and by 2030 it will be 32.5 percent.

"We are likely to see more and more of these cases in coming years," Judge Bacon said.  "The Court needs to be thinking ahead."

The judges and administration of the Second Judicial District Court wish to offer a special message for anyone living in Bernalillo County who has responded to a jury summons over the past year.

Thank you!

The American Bar Association is marking Juror Appreciation Week from May 2 to 6.  Did you know that 95 percent of all jury trials in the world take place in the United States?  Jury service is a fundamental civic duty that forms the cornerstone of the judicial system in America.

"We need help from everyday citizens to be able to complete our work in the Courthouse," Chief Judge Nan Nash said.  "Every American has the right to a trial by jury, and anyone who has responded to a jury summons is helping to ensure that our important Constitutional freedoms are protected.  On behalf of all of our 27 judges, the Second Judicial District Court is grateful to all those who have served on a jury in Bernalillo County this past year."

If you receive a jury summons, please do your part.  Fill out the form by providing the requested information and send it back to the Court, then be ready to come to the Courthouse when you are called to jury service.  Most of the people who serve report afterward that it was an interesting experience and they were proud to fulfill their civic duty.

"We want every juror to know how much we value their commitment to our system of justice, and we also want to thank all the employers who support their workers when they are called to jury service," Nash said.

The Second Judicial District Court recently celebrated an important milestone when the Family Reunification Drug Court graduated its first successful couple.

July and Dillon spent ten months in the program, which seeks to guide and support parents who have a substance abuse problem and are named in an abuse or neglect case in Children’s Court.

After Children’s Court Judge William Parnall signed the paperwork to declare their case closed, July and Dillon were joined by family and friends in a courtroom celebration that was highlighted by hugs and kisses as well as pizza and cake.

The mission of the Family Reunification Drug Court is to support the permanence, safety and well-being of children by promoting a stable home through a partnership of judicially managed and community-based services.

As a condition of acceptance, participants must be motivated to succeed and willing to comply with program rules, which seek to end substance abuse and provide parents with the tools they need to nurture and care for their families.

With a 20-year history, giving blood has become routine for many employees at the Second Judicial District Court.

It's not unusual to see the United Blood Services bus parked outside the Bernalillo County Courthouse.  In fact, the Court participates every three months in blood drives and many employees volunteer to donate.

"Donating blood saves lives.  It's an easy way to help in our community and we are proud that so many of our employees step forward to do their part," Court Executive Officer James A. Noel said.

The blood drives have been organized at the Court for at least the past 20 years, most recently over the past four years under the leadership of procurement specialist Darrell Evans.

"The folks at District Court do an amazing job saving lives through blood donation," said Michelle Moore, donor recruiter for United Blood Services in Albuquerque.

There is always a demand for blood in the Albuquerque area, so the Court encourages all of our employees and anyone else to sign up to become a donor.  The next blood drive at the Courthouse is scheduled for July 19.

Attorneys and mental health professionals provided free assistance to couples who needed help resolving divorce, child custody and other family legal issues.

About 50 attorneys donated their time and legal services at Peter H. Johnstone Day, serving "pro bono," or free of charge, during the March 18 event at Family Court.

Participants do not have legal representation, usually because they cannot afford to hire a lawyer.  Clients must be pre-screened by Court staff.

Timothy Hickox acted on a recommendation from Children’s Court Judge Marie Ward to reserve his spot at the event.  He worked with attorney Bryan Fox to finalize a visitation order.

"It was a lot easier than going through the usual Court process, and it was in the best interest of my child," Hickox said.

Social workers and psychologists helped divorced or separated couples as they agreed on the best custody arrangements for children.  The event also helped the Court by reducing a backlog of pending cases.

There were 48 cases that settled in full and five partial settlements.  Of the 62 cases where both parties showed up, this resulted in an 85 percent settlement rate.

Peter H. Johnstone Day is named for the late family law attorney in Albuquerque who advocated for the best interests of children in custody cases.  He died in 2013.

Staff members at the Second Judicial District Court’s jury division have been carrying a heavy workload for more than a year.

In February 2015, the Court began implementing a Case Management Order (CMO) that was intended to reduce a backlog of criminal cases.

The CMO is a pilot program in Bernalillo County which established fixed deadlines for the adjudication of criminal cases.  Intended to eliminate unnecessary delays, it has been very effective in achieving this goal.

The number of criminal jury trials conducted at the court has more than doubled in the past year, but thanks to the hard work and dedication of the jury division no trial has been delayed for a lack of jurors.

The Court is on track to eliminate the backlog of criminal cases later this year.

Senior Officials from the State of Maine Judiciary recently visited the Second Judicial District Court to review the Odyssey case management system that is used to track all proceedings in New Mexico courts.

The Maine Judiciary is poised to replace an aging tracking and monitoring system and has issued a Request for Proposals.  Before a new contract is awarded, the delegation visited New Mexico to get a closer look at the system that is being offered by one of the vendors.

"Our visit was very relevant for what we are considering," said Dave Packard, Chief Information Officer for the Maine Judiciary.  "We are ready to replace a 20-year-old system and it was helpful to hear about another Court’s experience."

Court officials in New Mexico have praised the Odyssey system since its implementation in 2011 for streamlining the docket and making it easier for attorneys, court clerks, judges and their assistants to manage, maintain and file documents.

The delegation from Maine met with SJDC administrators and judges, while SJDC staff members demonstrated how Odyssey is utilized.  Later, the group toured the Clerk’s Office to see how employees file and organize cases as matters are opened with the Court.

During their stay in New Mexico, the delegation from Maine also visited with New Mexico Supreme Court Justices and the Administrative Office of the Courts in Santa Fe, as well as visiting the Metropolitan Courthouse in Albuquerque.

The entrance of the Bernalillo County Courthouse has been reconfigured to feature two security screening stations as part of an effort to streamline access for visitors and employees.

A general entrance for all visitors is open during the regular business hours of 8-5 p.m., while a second security entrance is now available for attorneys and Court employees from 8-9 a.m. and from 1-2 p.m. daily.

Previously, all visitors were directed to a single security screening line.

Most of the reconfiguration work was completed during the last week of February but visitors may notice construction crews for several more weeks as additional enhancements are put into place. No delays to Courthouse access are expected.

The improvements will make it easier for visitors to enter the Courthouse, especially during the peak periods early in the morning and after lunch.

Meet Zeus, the newest member of the team at Veteran’s Court.

Zeus is a 2-year-old Labradoodle who is being trained as an assistance dog.  He is taking part in a program where veterans in Albuquerque prepare animals to help wounded or disabled veterans living in other parts of the country.

The dogs are provided by a Santa Fe-based training firm, Assistance Dogs of the West, which directs the Warrior Canine Connection effort in New Mexico.

Veterans who volunteer for the program have been charged with a felony but have their cases suspended by the Court while they work with the service dogs.

Participants usually receive a conditional discharge after successfully completing the 18- to 24-month program, which helps veterans ease back into society by assigning them responsibilities and teaching them life skills.

Many of those who have worked with the dogs are combat veterans who have served in Vietnam, the Persian Gulf, Iraq and Afghanistan.

Zeus is a Veterans Court Ambassador.  His assignment is to alleviate stress and anxiety by engaging program participants.  The program usually has seven to ten dogs at a time, depending on the number of participating veterans.

Zeus and the other dogs are trained on 90 tasks, such as opening and closing doors and retrieving a dropped object.  When fully trained, the dogs are placed with veterans elsewhere who have physical disabilities and mobility challenges.

A program manager at the Second Judicial District Children's Court is one of the winners of the prestigious Child Welfare and Juvenile Justice Award.

Lindsey Lucero manages the Juvenile Drug Court at the John E. Brown Juvenile Justice Center.  The program seeks to rehabilitate young people who have substance abuse issues through treatment, support and supervision.

In nominating Lucero, Children's Court Judge Marie Ward praised Lucero's commitment to finding the best ways to help youth and families and her tireless efforts to restructure and improve the Juvenile Drug Court.

"The work Lindsey has done has focused on evidence-based practices to ensure that youth and their families are provided with services they need in a respectful and supportive environment, and that everyone is treated with the dignity they deserve," Judge Ward wrote.

Under Lucero's leadership, the number of youth served by the Juvenile Drug Court has increased from 12 in Fiscal Year 2013, the year before her arrival, to 49 in Fiscal Year 2015.  The percentage who graduated from the program has gone from 47 percent in FY13 to 68 percent in FY15 and costs have been cut in half from the figure of $64 per client.

Since 2012, the Children’s Court Improvement Commission at the New Mexico Supreme Court has honored members of the juvenile justice community who have contributed significantly to their field and demonstrated outstanding dedication, leadership, knowledge and integrity.

Children’s Court Judge William Parnall also was nominated for the 2015 award, which was conferred at the New Mexico Children’s Law Institute Conference in January.

The Second Judicial District Court congratulates Lindsey Lucero and her team at the Juvenile Drug Court, as well as Judge Parnall, for their dedication to juvenile justice and their efforts to help young people in Bernalillo County.

The Children’s Court Improvement Commission, an advisory board of the New Mexico Supreme Court, is devoted to improving judicial proceedings related to child abuse and neglect, as well as foster care and adoption.

Attorneys and mental health professionals will provide free assistance to pre-screened couples who need help resolving divorce, child custody or other family legal issues on Friday, March 18, at the Second Judicial District Court.

Clients must be pre-screened by Court personnel and then scheduled on the docket.  Those who are accepted can get settlement facilitation assistance in pending divorces, child custody cases, splitting up property or ending other legal conflicts.

About 50 attorneys will volunteer their time and services, serving "pro bono," or free of charge.  Participants do not have legal representation, usually because they cannot afford to hire a lawyer.

Social workers and psychologists also volunteer to assist divorced or separated couples as they agree on the best custody arrangements for their children.

"We strive to provide closure for families while emphasizing the importance of agreements that benefit their children," said Judge Elizabeth Whitefield, presiding judge of the Family Court.  "This event also helps the Court reduce a backlog of pending cases."

If you would like to request that your case be considered for this event, please contact the Center for Self Help and Alternative Dispute Resolution in Room 119 at the Bernalillo County Courthouse for more information and forms.

The event is known as Peter H. Johnstone Day, named for the late family law attorney in Albuquerque who advocated for the best interests of children in custody cases.  He died in 2013.

Romero Guides National Colleagues on Tribal Child Abuse Cases

Albuquerque - The presiding judge of the Children's Court in the Second Judicial District has been appointed to a historic panel that recently examined challenges faced by tribal courts and communities over child welfare cases.

Judge John J. Romero Jr. served as lead faculty, along with Tribal Appellate Judge Cheryl Fairbanks of Albuquerque, during a training by the National Council of Juvenile and Family Court Judges in Reno, NV, where 18 tribal court judges met for the inaugural Tribal Court Child Abuse and Neglect Leadership Institute.

Training included a study of how traditional native practices like peacemaking can be applied to judicial proceedings.  Participants also discussed federal statutes, ethics, and the impact of bias, trauma, substance abuse and domestic violence on child welfare.

"The Institute presented a tremendous opportunity where tribal court judges from around the country shared lessons on how communities are incorporating traditional Native American practices into their problem-solving processes," Judge Romero said.

In New Mexico, tribal and state court judges collaborate through the Tribal-State Judicial Consortium to address common issues affecting our communities.

"There is much that the state Courts have learned and continue to learn from traditional indigenous justice practices," Romero said.  "We are fortunate to live in an environment in New Mexico where these lessons can be applied to make a positive difference for court-involved children and families."

The Institute was supported by the Bureau of Indian Affairs and Casey Family Programs.

Staff members at the Second Judicial District Court adhere to the highest levels of professionalism and customer service.

Just the same, it’s always nice when we get word that someone appreciated it.

Recently, a legal assistant at an Albuquerque law firm wrote a letter to the Court Administration in praise of employees Jennifer Sanchez, Cori Roney and Chris Peck, who work in the Clerk’s Office.

“They are very helpful and patient, as there are times when our office is handling very difficult and out-of-the-box cases.  I am instructed to call the court clerks often, and they do not get upset or bugged,” wrote Ms. Z., who has worked for 23 years in the legal field.

She said the employees have been “extremely knowledgeable and competent” and timely returned her telephone calls to provide much-needed information.

Court Executive Officer James A. Noel is pleased to announce that the Second Judicial District Court has received an unqualified opinion on its annual audit for Fiscal Year 2015 with zero findings.

An unqualified opinion is the top opinion provided.  The audit, performed by an independent auditing team from Ricci & Company of Albuquerque, reviewed the Court’s financial statements, books and records and reported no problems.

“This means that in the auditor’s judgment, the Court’s financial records and statements are fairly and appropriately presented in accordance with standards known as Generally Accepted Accounting Principles,” Noel said.

The outcome is a result of strong internal controls and monitoring efforts, along with robust oversight by the staff of the Fiscal Services Division, led by the Court’s CFO, Farah French.

The Fiscal Services team includes Financial Manager Dimple Tafoya and Financial Specialists Victor Carter, Patricia Miranda and Brenda Tafoya.

The published audit, including the Court’s financial statements, can be viewed here.

David Williams, a longtime federal prosecutor, has been named the Second Judicial District’s newest judge and will join the Court on February 29.

The appointment was announced February 12 by Governor Susana Martinez.  Judge Williams fills the vacancy that was created when former District Judge Judith Nakamura was elevated to the New Mexico Supreme Court.

Judge Williams served as an Assistant U.S. Attorney in the Office of the U.S. Attorney for New Mexico from 1977 to 1981 and from 1985 to 2016.  From 1975 to 1977, he was an Assistant District Attorney in Bernalillo County.

Judge Williams holds Bachelor of Arts and Juris Doctorate degrees from the University of New Mexico.  The Second Judicial District Court congratulates the new judge on his appointment to the bench.

Visitors to the Bernalillo County Courthouse will notice changes taking place inside the entrance of the building that will help speed up the process of security screening for court visitors and employees.

The upgrades will be completed by February 28, 2016.  No delays to Courthouse access are expected.

Additional areas of the first floor including the elevators, Clerk’s Office, Jury Division and Drug Court, will not be affected.  Questions may be directed to Court Administration.

District Judge Jacqueline Flores and Pre-Trial Services officer Anthony Rodolfo were recognized during the Albuquerque City Council’s meeting on January 20 for their work with the Second Judicial District Court’s Felony DWI program.

Councilors issued a proclamation honoring and thanking Judge Flores, Mr. Rodolfo and Dr. Lester Brasher of Albuquerque Behavioral Health as well as prosecutors, defense attorneys and local law enforcement for efforts to help program participants improve their lives and make Albuquerque streets safer by removing repeat drunken driving offenders.

“We are proud of the success we have seen in Felony DWI Court. We know the program is effective for participants who really want to turn their lives around,” Judge Flores said.

The Second Judicial District Court would like to thank City Councilor Ken Sanchez, who recently attended a DWI Court graduation ceremony, for his support and recognition of the Felony DWI Court program.

The Felony DWI Court is a demanding 18-month program for offenders who have had at least five drunken driving convictions. The goal is to promote public safety and reduce recidivism among repeat DWI offenders while providing an alternative to incarceration.

Participants are referred by the District Attorney’s Office and must take part in individual, group and family counseling, often several times each week, in addition to regular urinalysis and breath tests as well as weekly visits with Judge Flores and a sponsor.

Those who fail to comply with their responsibilities are sent back to jail.

Second Judicial District Judge Shannon Bacon has been named Outstanding Judge of the Year by the Albuquerque Bar Association. The award recognizes professionalism and service to the public and the legal profession.

Jan Gilman-Tepper was named Outstanding Lawyer of the Year. According to the Albuquerque Bar Association, the honorees were selected for their attributes in personal integrity, legal skills and professional competence, contributions to the Albuquerque Bar and contributions outside the legal profession.

Judge Bacon was appointed to the District Court bench in 2010 and presides over a civil docket. Currently, Judge Bacon is co-chair of the Second Judicial District’s pro bono and website redesign committees. She is also a commissioner on the Access to Justice Commission, serves on the Supreme Court’s rules of evidence and personnel committees and is President of the District and Metropolitan Court Judges Association. Outside of her work duties, she donates time to organizations that serve the homeless and provide legal services to underserved populations. She is also a hot air balloon enthusiast.

Before taking the bench, Judge Bacon was a shareholder both at the law firms of Sutin, Thayer & Browne and Eaves, Bardacke, Baugh, Kierst & Larson. Her practice focused on a broad range of civil litigation, from personal injury cases to complex commercial litigation. Judge Bacon also sat on numerous boards and committees within the legal community.

The Second Judicial District congratulates District Judge Judith Nakamura on her appointment to the New Mexico Supreme Court.

The appointment was announced November 12 by Governor Martinez. Judge Nakamura will fill the vacancy that was created by the retirement of Justice Richard C. Bosson.

The Judicial Nominating Commission will meet December 7 to begin the process of filling the seat that is currently held by Judge Nakamura.

The Commission will review applications and then forward recommendations to the Governor. When that occurs, the Governor has 30 days to make an appointment.

Typically, after the appointment is made, it takes another two to three weeks for the incoming judge to clear their cases or workload and join the District Court.

Judge Nakamura joined the Second Judicial District Court in January 2013 after serving more than 14 years as a judge in the Bernalillo County Metropolitan Court, including four terms as the Chief Judge.

Before joining the judiciary, she served as Assistant Land Commissioner and general counsel at the New Mexico State Land Office and subsequently spent most of her legal career in private practice. 

Judge Nakamura is an avid hot air balloon pilot who is a volunteer member of the Albuquerque International Balloon Fiesta's Board of Directors.

The Honorable Elizabeth Whitefield was among three people who were honored by the University Of New Mexico School of Law during the annual Distinguished Achievement Awards Dinner.

Whitefield, the Presiding Judge of the Family Court, was recognized not only for her successful career as an attorney and judge but also for community service. She is a 1977 graduate of UNM’s School of Law.

Judge Whitefield joined the Court in 2007 after more than 30 years as a family law attorney. Family Court handles divorces, legal separations, custody and time-sharing matters, division of property and debts in divorce cases, spousal support, child support, Uniform Parentage Act cases for unmarried parents, domestic violence cases, kinship-guardianship of children cases and adult adoptions.

The event, sponsored by the Law Alumni Association, is a key fundraiser for the School of Law. Since its inception in 1993, the school has honored 65 graduates and raised more than $570,000 for law school programs, including the Association’s full-tuition scholarships.

According to the School of Law, the dinner honors extraordinary accomplishments and dedicated service by lawyers and others in the legal community to the UNM School of Law, the New Mexico legal community and the greater community inside and outside New Mexico.

Justice Department Awards $279,919 To Program

Albuquerque – The U.S. Department of Justice has awarded a $279,919 grant that will be used to expand operations and double the number of clients served by the Felony DWI Court at Bernalillo County District Court from 30 to 60.

The funding will allow the Felony DWI Court to hire a second officer and pay for operations including additional alcohol monitoring.

"We are very proud of the success we have seen in the Felony DWI Court, and it is exciting to announce the grant award. We hope to help as many eligible defendants as we can," said District Judge Jacqueline D. Flores, who oversees the program.

The Felony DWI Court is a demanding 16-month program for offenders who have had at least five drunken driving convictions. The goal is to promote public safety and reduce recidivism among repeat DWI offenders while providing an alternative to incarceration.

Participants are referred by the District Attorney’s Office and must take part in individual, group and family counseling, often several times each week, in addition to regular urinalysis and breath tests as well as weekly visits with Judge Flores and a sponsor.

"Participation is a privilege and we strictly enforce that clients must attend all required events," Judge Flores said.  "If not, there are consequences. Often, it means immediate dismissal from the program and a trip to jail.”

The program is designed to provide clients with tools and information regarding sobriety and how to maintain it after completion. Costs average $7.03 per client per day, significantly lower than the $92.90 daily cost of incarceration.

Pro Se/Pro Bono Event Is Scheduled For September 18

Albuquerque – Attorneys and mental health professionals will provide free assistance to pre-screened couples who need help resolving divorce, child custody or other family legal issues on Friday, September, 18, at the Bernalillo County District Court.

The annual Peter H. Johnstone Day is a public service where couples can get settlement facilitation assistance in pending divorces, child custody cases, splitting up property or ending other legal conflicts.  The event runs from 8 a.m. to 4 p.m.

"We strive to provide closure for families while emphasizing the importance of agreements that benefit their children," said Judge Elizabeth Whitefield, presiding judge of the Bernalillo County Family Court.  "The benefit to the Court is that we also reduce a backlog of pending cases."

Clients must be pre-screened by Court personnel and then scheduled on the docket.  About 50 attorneys will volunteer their time and services to help, serving "pro bono," or free of charge.  Participants do not have legal representation, usually because they cannot afford to hire a lawyer.

Social workers and psychologists also volunteer to assist divorced or separated couples as they agree on the best custody arrangements for their children.

"Cases where clients represent themselves take longer to resolve because non-attorneys are unfamiliar with Court procedures," Whitefield said.  "This event streamlines the process and gives the volunteers an opportunity to provide important public services."

The event is named for the late Peter H. Johnstone, a family law attorney in Albuquerque who was known for advocating for the best interests of children in custody cases.  He died in 2013.

Honor comes from American Board of Trial Advocates

Albuquerque – The Honorable Carl J. Butkus has been named State District court Judge of the Year for 2015 by the American Board of Trial Advocates.

Each year, individuals are nominated for outstanding achievements in the legal community and are recognized an at awards dinner.

The American Board of Trial Advocates (ABOTA) is a national association of experienced trial lawyers and judges who are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution. ABOTA works to uphold the jury system by educating the American public about the history and value of the right to trial by jury.

The Association seeks to foster improvements in the ethical and technical standards of practice in the field of advocacy so that individual litigants may receive more effective representation and the general public benefits by more efficient administration of justice consistent with time-tested and traditional principles of litigation.

The Honorable Karen Molzen, U.S. District Court Magistrate Judge, was presented with the Federal Judge of the Year award for 2015.