New Mexico

In May, the Colorado Judicial Branch announced that a pilot program allowing documents in family court cases to be filed online will expand. Many courts in the last year have implemented or bolstered their e-filing systems in order to keep the legal system moving amidst courthouse closures during the COVID-19 pandemic.

The pandemic has affected our civil justice system in many ways, yet perhaps the most important role access to justice entities can play in the near future is to advocate for the retention of remote access systems for court appearances as well as for the delivery of legal and self-help services.

New Mexico is one of the latest states to look to regulatory innovation to increase access to legal services. On January 24, the state supreme court approved a number of recommendations, including enlisting nonlawyer court navigators to assist self-represented litigants in navigating the system. 

New Mexico Supreme Court Chief Justice Charles Daniels had grim news for state legislators at his annual State of the Judiciary speech last month: the state’s judicial system may no longer be able to provide New Mexicans with adequate access to their Constitutional rights due to a crippling financial crisis.

In a recent opinion piece, Judge Daniel E. Ramczyk emphasizes the importance and benefits of New Mexico’s judicial selection and retention process, and in particular the role that the Judicial Performance Evaluation Commission (JPEC) plays in providing valuable feedback to judges as well as to the citizens who vote for them.

On October 10, 2014, I will be in Albuquerque to attend and present at a seminar that will discuss the question: “Can Summary Jury Trials Revive a Declining Civil Jury System?” As part of our Rule One Initiative, we have gathered a lot of valuable information about short, summary, and expedited programs around the country. I encourage those who are interested in learning more about these programs to start with these materials.

New Mexico judges are chosen through a process that is truly unique. Since 1988, judicial vacancies have been filled by commission-based appointment. Appointees then face a partisan election to keep their seats. At the conclusion of their terms, judges stand for retention for subsequent terms. This year, five judges waited until after the filing deadline to announce their retirement, exemplifying what some see as an increasing trend by judges and party leaders to try to influence judicial selections.

The judicial performance evaluation commission recommended retention of three appellate judges standing for retention in November, though one judge scored lower than his colleagues on timeliness of rulings and handling his ongoing workload.

With Justice Patricio Serna’s retirement at the end of August, the state political parties are meeting to nominate candidates to run for the seat in November. Ordinarily, nominees would be chosen in partisan primary elections, but the vacancy is occurring after the June primaries.

New Mexico Supreme Court Justice Patricio M. Serna will retire August 31, 2012. He has served on the Court since 1996 and was elected by his colleagues to serve a two-year term as Chief Justice, from 2001 through 2002. Justice Serna has served on IAALS' Board of Advisors since our beginning in 2006.