Bar Official Publication of the State Bar of New Mexico BULLETIN February , • Volume , No. Legal Education Calendar Writs of Certiorari In the Matter of Amendments of Chapters 1, 2, 3, 22 and 13-1802 NMRA and Adoption of New Instructions of the Uniform Jury Instructions for Civil Cases F. W. Clancy State Bar President - 1890 Inside This Issue: In the Matter of UJI-Civil Amendments Approved and New Instructions Adopted in November 2004 In the Matter of the Approval of Amendments to 13-1718 and Adoption and Approval of New Instructions 13-413, 13-1650, and 13-1651 of the Uniform Jury Instructions for Civil Cases NM Supreme Court 6 Notice of Vacancy on the Rules of Criminal Procedure Committee for District Court Second Judicial District Court 6 Judicial Appointment Fifth Judicial District Court 7 Swearing-In Ceremony Court Regulated Programs 9 Hearsay 10 www.nmbar.org BAR BULLETIN - February , - Volume , No. Friday, March 4, 2005 ◆ 8.0 CLE Credits UNM Continuing Education Conference Center - Auditorium – 1634 University Blvd NE, Albuquerque, New Mexico This unique program will present a day long, in-depth analysis of a real, tried to verdict slip & fall/wrongful death case. The trial demonstration is presented before a presiding judge and a real jury, complete with witnesses, experts and courtroom visual aids. The speakers are all wellknown and highly respected trial lawyers from plaintiff and defense law firms. This program will be of value to attorneys who are just beginning their trial practice, as well as to the experienced attorney who would like to observe different styles and methods of trial advocacy. PRESIDING JUDGE The Honorable Roderick T. Kennedy NM Court of Appeals – Santa Fe, New Mexico FEATURING Ross Zumwalt, M.D. Chief Medical Investigator for the State of NM PLAINTIFF TEAM William Carpenter, Esq. Carpenter & Stout, Albuquerque William E. Snead, Esq. Law Office of William E. Snead, Albuquerque Randi McGinn, Esq. MCCML, P.A., Albuquerque Patrick Sullivan, Esq. Salazar & Sullivan, Albuquerque Pia Salazar, Esq. Salazar & Sullivan, Albuquerque DEFENDANT TEAM Ranne Miller, Esq. Miller, Stratvert, P.A., Albuquerque Gary L. Gordon, Esq. Miller, Stratvert, P.A., Albuquerque Bruce D. Hall, Esq. Rodey, Dickason, Sloan, Akin & Robb, P.A. Albuquerque PROGRAM 8:00 am Check-In/Registration 8:20 am Overview of Trial – Randi McGinn, Esq. 8:30 am Voir Dire Randi McGinn, Esq. / Ranne Miller, Esq. 9:00 am Opening Statements Pia Salazar, Esq. / Ranne Miller. Esq. 9:45 am Break 10:00 am Examination of Officer #1 William Snead, Esq. / Meghan Sanford, Esq. 10:30 am Examination of Officer #2 William Snead, Esq. / Meghan Sanford, Esq. 11:30 am Lunch (On Your Own) 1:00 pm Examination of Defendant Randi McGinn, Esq. / Ranne Miller, Esq. 1:45 pm Examination of Defendant’s Expert William Carpenter, Esq. / Gary Gordon, Esq. 2:30 pm Break 2:45 pm Examination of Defendant’s Employee William Carpenter, Esq. / Gary Gordon, Esq. 3:15 pm Closing Arguments Patrick Sullivan, Esq. / Bruce Hall, Esq. 3:45 pm Jury Instructions – The Hon. Roderick Kennedy 4:00 pm Live Jury Deliberations 5:00 pm Adjourn Patrick Sullivan, Program Co-Chair Pia Salazar, Program Co-Chair Meghan Sanford, Esq. Rodey, Dickason, Sloan, Akin & Robb, P.A. Albuquerque SEMINAR REGISTRATION New Mexico Trial Lawyers Foundation, PO Box 301, Albuquerque, NM 87103 Please return to: New Mexico Trial Lawyers’ Foundation P.O. Box 301, Albuquerque, NM 87103-0301 Phone: TUITION (After February 25, 2005 increases by $10) ❑ NMTLA Member ............................................................. $225.00 ❑ Non Member Attorney ..................................................... $275.00 Payment ❑ Check Enclosed ❑ MasterCard ❑ Visa Name: Fax: E-mail: Card No. Exp. Date: (If paying by MC or Visa, fax form to 243-6099) State Bar ID: Mailing Address: City/State/Zip: 2 BAR BULLETIN - February , - Volume , No. Signature (cardholder signature required) Seminar Cancellation Policy: Requests for refunds received after February 28, 2005 cannot be honored, but seminar materials will be mailed to registrant, or a substitute may attend. This program will not be audiotaped. For More Information call 243-6003. KOB LAWLINE 4 2005 SIGN-UP The KOB LawLine 4 Call-In is regularly scheduled for the third Wednesday of each month. The hours are 5:00 p.m. until 7:30 p.m. We do not schedule a session in December. PLEASE CONSIDER SIGNING UP NOW SO YOU CAN CALENDAR YOUR PARTICIPATION. This is a tentative commitment: someone will call you 10 days to 2 weeks in advance of each scheduled date to confirm the date, time and your continued ability to participate. ********************************** (Check the box after the DATES AND TIMES you want to sign up for) March 16 5:00 – 7:30 p.m. August 17 5:00 – 7:30 p.m. April 20 5:00 – 7:30 p.m. September 21 5:00 – 7:30 p.m. May 18 5:00 – 7:30 p.m. October 19 5:00 – 7:30 p.m. June 15 5:00 – 7:30 p.m. November 16 5:00 – 7:30 p.m. July 20 5:00 – 7:30 p.m. NAME: _____________________________ PHONE: _____________________________ I have some questions. Please call me at: ________________________________________ I have an attorney associate/ friend/ acquaintance that might be interested in participating. Call______________________________________________________________________ (Name) (Telephone Number) You may use my name as a reference: PLEASE RETURN TO: DO NOT use my name as a reference: Richard Spinello Director, Public & Legal Services Department State Bar of New Mexico P.O. Box 92860 Albuquerque, NM 87199-2860 OR FAX TO: 505 797-6074 BAR BULLETIN - February , - Volume , No. 4&.*/"33&(*453"5*0/'03. $-&130(3".44UBUF#BS$FOUFS '$"3: 4 BAR BULLETIN - February , - Volume , No. TABLE OF CONTENTS Contributions and announcements to the Bar Bulletin are welcome, but the right is reserved to select material to be published. Unless otherwise specified, publication of any announcement or statement is not deemed to be an endorsement by the State Bar of New Mexico of the views expressed therein, nor shall publication of any advertisement be considered an endorsement by the State Bar of the product or s e r v i ce i nvo l ve d. Ed i to r i a l p o l i c y available upon request. Notices ........................................................................................................................................................... 6-9 Hearsay ..................................................................................................................................................... 10-11 Legal Education Calendar ......................................................................................................................12 Writs of Certiorari ............................................................................................................................... 13-14 Rules/Orders .......................................................................................................................................... 15-34 In the Matter of Amendments of Chapters 1, 2, 3, 22 and 13-1802 NMRA and Adoption of New Instructions of the Uniform Jury Instructions for Civil Cases............15 In the Matter of UJI-Civil Amendments Approved and New Instructions Adopted in November 2004 ............................................................................................................15 In the Matter of the Approval of Amendments to 13-1718 and Adoption and Approval of New Instructions 13-413, 13-1650, and 13-1651 of the Uniform Jury Instructions for Civil Cases ......................................................................................................15 Advertising ............................................................................................................................................ 35-44 Board of Commissioners - Officers Charles J. Vigil, President Virginia R. Dugan, President-Elect Dennis E. Jontz, Vice President Craig A. Orraj, Secretary- Treasurer Daniel J. O’Brien, Immediate-Past President Board of Editors Frances C. Bassett, Esq. David M. Berlin, Esq. (BBC Liaison) Cathrynn Novich Brown, Esq. Robert G. Cates, Esq. Germaine R. Chapelle, Esq. Martin R. Esquivel, Esq. The Hon. Thomas G. Fitch Barbara Glenn Momaday, Esq. Mary Catherine McCulloch, Esq. Steve A. Sandoval Executive Director – Joe Conte Editor – Keith Thompson Layout – Julie Schwartz Account Executive – Marcia C. Ulibarri, (505) 797-6058; fax: (505) 797-6075 Pressman – Brian Sanchez Print Shop Assistant – Richard Montoya Mail Handler – Chris Knowles Cite officially as Bar Bulletin (ISSN 1062-6611). Vol. 44, No. 7, February 21, 2005. Subscription price $80 per year. Subscriptions are nonrefundable once purchased. Published weekly by the State Bar, 5121 Masthead NE, Albuq., NM 87109 (505) 797-6000 1-800-876-6227 Fax: (505) 828-3765 E-mail: [email protected] www.nmbar.org Periodicals Postage Paid At: Albuquerque, NM 87101 • © 2005, State Bar of New Mexico Postmaster send address changes to: Systems Manager • Bar Bulletin • PO Box 92860, Albuquerque, NM 87199-2860 Professionalism Tip With respect to opposing parties and their counsel: I will agree to reasonable requests for extensions of time or waivers of formalities when legitimate interests of my client will not be adversely affected. Meetings State Bar Workshops February February 22 Lawyers Professional Liability Committee, noon, State Bar Center 22 Lawyer Referral for the Elderly Workshop, 10 a.m., Chavez County J.O.Y. Center, Roswell 23 Natural Resources Section Board of Directors, noon, State Bar Center 25 Alternative Methods of Dispute Resolution Committee, noon, Bernalillo County Courthouse, Courtroom #338 28 Membership Services Committee, noon, State Bar Center March 2 Employment & Labor Law Section Board of Directors, noon, State Bar Center 2 Committee on Women and the Legal Profession, noon, Lewis and Roca 2 Trial Practice Section Board of Directors, 4:30 p.m., State Bar Center 23 Lawyer Referral for the Elderly Workshop, 10 a.m., Ft. Sumner Senior Center, Ft. Sumner 23 Family Law Workshop, 5:30 p.m., Branigan Library, Las Cruces 23 Consumer Debt/Bankruptcy Workshop*, 6 p.m., State Bar Center 24 Lawyer Referral for the Elderly Workshop, 10 a.m., Meadowlark Senior Center, Rio Rancho *Consumer Debt/Bankruptcy workshops include a one-on-one consultation with an attorney. For more information, call Marilyn Kelley at (505) 797-6048 or 1-800-876-6227; or visit the SBNM Web site, www. nmbar.org. BAR BULLETIN - February , - Volume , No. NOTICES COURT NEWS NM Supreme Court Notice of Vacancy on the Rules of Criminal Procedure Committee for District Courts One attorney vacancy exists on the Rules of Criminal Procedure Committee for District Courts due to the recent resignation of one member. Attorneys interested in volunteering their time on this committee may send a letter of interest and/or resume to Kathleen Jo Gibson, Chief Clerk, PO Box 848, Santa Fe, NM 87504-0848. Deadline for letters/resumes is March 14. Statewide Alimony Guidelines Committee Pilot Projects The Supreme Court has appointed a committee to study implementation of alimony guidelines statewide. The committee is collecting data on the use of alimony guidelines in pilot projects established in the First, Second, Third and Eighth Judicial Districts. During this study, the guidelines are to be referred to only for settlement purposes and they should not be cited as authority in court proceedings. There are lengthy commentaries explaining the guidelines that should be reviewed. Commentaries can be purchased at the District Court Clerk’s office in the First, Second, Third, and Eighth Districts. Every person who has an alimony case, whether settled or tried, is urged to fill out an Alimony Survey Sheet. Survey sheets may be obtained from the district court clerks in the pilot project districts or the committee’s pilot project coordinators: Albuquerque: Muriel McClelland [email protected] Las Cruces: Carolyn J. Baca Waters [email protected] Santa Fe: Sandra E. Rotruck [email protected] Taos: Catherine E. Oliver [email protected] Judicial Performance Evaluation Commission Upcoming Meeting The Judicial Performance Evaluation Commission was created by the New Mexico Supreme Court for the purpose of providing voters with fair, responsible and constructive evaluations of trial and appellate judges and justices seeking retention in general elections. The results of the evaluations also provide judges with information that can be used to improve their professional skills as judicial officers. The commission’s next meeting will be from 8 a.m. to 5 p.m., Feb. 25 at the State Bar Center in Albuquerque. For more information on the commission or with regard to the next scheduled meeting, call (505) 827-4960. NM Compilation Commission Volume 135 of NM Reports and 2004 NM Taxation Handbook Available Volume 135 of the New Mexico Reports is now available for sale. The cost is $63. The New Mexico Selected Taxation and Revenue Laws and Regulation and CD ROM are also available. The price is $36.75. To order, send a check to the New Mexico Compilation Commission, PO Box 15549, Santa Fe, NM 87592-5549. First Judicial District Court Almost Free MCLE Credit The First Judicial District Court invites any attorney who practices in the district to earn almost-free MCLE credit by attending a one-day seminar, “Turn Your Stumbling Blocks into Building Blocks: Conflict Management in Settlement Facilitation,” on March 18 in Santa Fe. The only charge to attendees will be the optional MCLE filing fee of $1 per credit hour. In return, the court requests that all attendees register to participate in the court’s ADR program by acting as a volunteer settlement referee in one or two cases per year. Due to space limitations, the court requests that only those attorneys who reasonably expect to be able to participate in the ADR program this year attend. To register, or for more information, call Celia Ludi, ADR Program Director, (505) 827-5072. 6 BAR BULLETIN - February , - Volume , No. Destruction of Exhibits Pursuant to the Supreme Court Retention and Disposition Schedule, the First Judicial District Court will destroy exhibits filed with the court, in criminal, civil, children’s court, domestic, incompetency/mental health and probate cases for years 1970 to 1987. Counsel for parties are advised that exhibits can be retrieved through April 9. Attorneys who may have cases with exhibits may verify exhibit information with the Special Services Division, (505) 476-0196, from 8 a.m. to 5 p.m., Monday through Friday. Plaintiff exhibits will be released to counsel of record for the plaintiff(s) and defendant exhibits will be released to counsel of record for the defendant(s) by order of the court. All exhibits will be released in their entirety. Exhibits not claimed by the allotted time will be considered abandoned and will be destroyed by order of the court. Second Judicial District Court Children’s Court Monthly Judges’ and Managers’ Meeting The Second Judicial District Children’s Court will hold its monthly judges’ and managers’ meeting at noon, March 1 in the jury room, John E. Brown Juvenile Justice Center, 5100 Second St. NW, Albuquerque. Children’s Court judges and managers of court-related agencies will meet to discuss ongoing concerns and projects. For a copy of the meeting agenda, call (505) 841-7644. Family Court Open Meetings Second Judicial District Family Court judges will hold open meetings to discuss ongoing concerns and projects at noon on the first business Monday of each month in the Conference Center located on the third floor of the Bernalillo County Courthouse. The next regular meeting will be held on March 7. Contact Sandra Partida, (505) 841-7531, for more information or to have an item placed on the agenda. Judicial Appointment Clay Campbell has been appointed to serve as a District Judge for the Second Judicial District in Bernalillo County by Gov. Bill Richardson. Campbell is a graduate of the University of New Mexico, where he earned a master’s degree in English/Creative Writing. He earned a law degree from the www.nmbar.org College of William & Mary. He has more than 14 years experience as an attorney and he replaces Judge Wendy E. York. Members of the bar and legal community are invited to the swearing-in ceremony of Freddie J. Romero as District Court Judge in the Fifth Judicial District, Division II, at 3:30 p.m., Feb. 25 at the Roswell Convention and Civic Center, 912 N. Main Street, Roswell. A reception will follow immediately after the ceremony. combines a unique learning experience for law students with a unique insight into the qualifications and potential of our applicants. Working with law firms and agencies who are committed to the ideal of diversified applicant pools, the Summer Law Clerk Program has been bringing down artificial barriers to employment, producing quality law clerks and diversifying attorney applicants for nearly a generation. Law firms or agencies interested in participating in the 2005 Summer Law Clerk Program should contact Art Jaramillo, [email protected] by 5 p.m. March 1. Interviews will be held at UNM on March 5. U.S. Bankruptcy Court Attorney Support Group Fifth Judicial District Court Swearing-In Ceremony Brownbag Support Staff Discussion A brownbag session for Chapter 13 attorneys’ support staff is scheduled for 11:30 a.m. to 1:30 p.m., March 4 at the Chapter 13 Trustee’s office, 625 Silver SW, Suite 350, Albuquerque. Attendees should bring their own lunch. The discussion will touch on various topics of importance to both debtor and creditor attorney staff members. Members of the Chapter 13 Trustee’s staff will present the session. The event is an opportunity for legal assistants and paralegals to meet and to determine how best to work together. Call (505) 243-1335, ext. 3020 for more information or to R.S.V.P. STATE BAR NEWS 14th Summer Law Clerk Program The State Bar of New Mexico is partnering with major New Mexico law firms and governmental law departments to provide employment opportunities for diverse and deserving law students at the University of New Mexico School of Law. The Summer Law Clerk Program provides law students with capable research and writing skills the opportunity to demonstrate the drive and excellence that law firms and agencies value most in making employment decisions. The State Bar and its participating firms and agencies recognize that differences in the social, educational and economic backgrounds of individual law students can often create barriers to employment that have nothing to do with performance or the potential for success as an attorney. The rigorous application and interview process Monthly Meeting The next Attorney Support Group meeting will be held at 5:30 p.m., March 7 at the First United Methodist Church at Fourth and Lead SW in Albuquerque. The group meets regularly on the first Monday of the month. For more information, contact Bill Stratvert, (505) 242-6845. Employment and Labor Law Section The CLE begins at 8:30 a.m. and attendees will receive 4.2 general CLE credits. The cost is $79 for section members, $89 for government and paralegals and $99 for standard and non-attorneys. Refer to the CLE insert in the Feb. 7 Bar Bulletin for more information. Lunch will be provided free of charge to section members attending the 1 p.m. meeting. To assist in planning, R.S.V.P. to [email protected] by March 8. Paralegal Division Brownbag CLEs for Attorneys, Paralegals and Legal Assistants The Paralegal Division of the State Bar is offering lunchtime brownbag CLEs at the State Bar Center the second Wednesday of every month. The cost is $16 for attorneys and $15 for paralegals, legal assistants and office staff. Each meeting has 1.0 general CLE credit pending, except for May 11, which is pending 1.0 ethics credit. Registration begins at the door at 11:30 a.m. each month, and the presentation will follow from noon to 1 p.m. For more information contact Debi Shoemaker-Scott at Rothstein Donatelli, (505) 243-1443. March 9: “Conservatorship & Guardianship”, presented by Larry M. Reecer, Attorney at Law Board Meetings Open to Section Members The Employment and Labor Law Section Board of Directors welcomes section members to attend its meetings. The board meets at noon on the first Wednesday of each month at the State Bar Center. The next meeting will be March 2. (Lunch is not provided.) For information about the section, visit the State Bar Web site, www.nmbar.org, or call Cindy Lovato-Farmer, section chair, (505) 667-3766. April 13: “Internet Legal Research: Find it Fast in 2005”, presented by Ronald E. Wheeler, UNM Law School Librarian International and Immigration Section July 13: “Water Issues in New Mexico: The Pueblo Perspective”, presented by Jessica Aberly, Attorney at Law Section Meeting The International and Immigration Section will hold its next meeting at 1 p.m., March 10, following “The ABC’s of Immigration Law” at the State Bar. The meeting is open to both current section members and those considering joining the section. Since the section has been recently reactivated, the new board encourages section members to attend and provide input on future activities. May 11: Rules Governing Paralegal Services: Changes in the New Mexico Supreme Court Rules; presented by Leigh Anne Chavez, Attorney at Law, TVI Paralegal Studies Instructor June 8: “Children’s Law: A Survey”, presented by Liz McGrath, Co-Director of Pegasus Legal Services for Children Aug. 10: “State & Municipal Sex Offender Registration Laws in New Mexico”, presented by Kari Morrissey, Attorney at Law Prosecutors’ Section Annual Awards The State Bar Prosecutors’ Section is soliciting nominations for awards that the Section will present to five prosecutors at BAR BULLETIN - February , - Volume , No. www.nmbar.org the Association of District Attorneys’ 2005 Spring Conference on May 12. The five award categories are as follows: • Prosecutor of the Year – must have five or more years of full-time prosecution experience. The nomination should address the individual’s outstanding characteristics, prosecution history, work with the public and contributions to the quality of prosecution, and the image of prosecutors. • Law Enforcement Prosecutor – this nomination should address the support and assistance the prosecutor has provided to law enforcement agencies, and the prosecutor’s commitment of time in assisting law enforcement. • Community Service Prosecutor – this nomination should address the service this prosecutor has provided to the community and the results of those efforts (for example – volunteering at rape crisis centers, nursing homes, youth mentorship organizations, etc.). • Legal Impact Prosecutor – this nomination should address the significant impact that resulted from the prosecutor’s efforts in a criminal prosecution(s) and the significant and positive impact or effect on the law, along with the prosecutor’s outstanding character. • Rookie Prosecutor of the Year – must have been prosecuting for no more than two years. The nomination should address the prosecutor’s dedication to criminal prosecution and commitment to making prosecution a career. Nominations should be submitted for receipt by March 18 to Michael P. Sanchez, section chair, c/o Fifth Judicial District Attorney’s Office, 110 East 4th St., Roswell, NM 88201-6273; or [email protected]. nm.us. The nominees will be presented to a committee for selection. Public Law Section Board Meeting The next Public Law Section board meeting will be held at noon, March 10 in the Risk Management Division Legal Bureau Conference Room on the first floor of the Montoya Building, 1100 St. Frances Dr., Santa Fe. Contact Deborah Moll, (505) 827-2000, for more information. Nominations Sought for Public Lawyer Award The State Bar Public Law Section is currently accepting nominations for the ninth annual public lawyer of the year award, which will be presented on Law Day, May 2. Prior recipients include Florence Ruth Brown, Frank Katz, Douglas Meiklejohn, Marty Daly, Nick Estes, Mary McInerny, Jerry Richardson, Peter T. White and Robert M. White. Send nominations by 5 p.m., March 1 to Doug Meiklejohn by e-mail, [email protected] or by mail to New Mexico Environmental Law Center, 1405 Luisa St. #5, Santa Fe, NM 87505. The selection committee (comprised of past chairs of the Public Law Section) will consider all nominated candidates and may nominate candidates on its own. A complete listing of the qualifications for candidates can be found in the Jan. 24 issue of the Bar Bulletin (Vol. 44, No.3). OTHER BARS Young Lawyers Division Sandoval County Bar Association 2005 Summer Fellowship The Young Lawyers Division (YLD) of the State Bar is currently accepting applications from law students interested in working in public interest law or the government sector during the summer of 2005. The purpose of the fellowship is to enable one law student to work in public interest law or the government sector in an unpaid legal position. The fellowship award is intended to provide the opportunity for a law student to work in a position that might not otherwise be possible because the position is unpaid. The fellowship award, depending on the circumstances of the position, could be up to $3,000 for the summer. To be eligible for the fellowship, the applicant must be a current law student in good standing. Applications for the fellowship must include the following: a letter of interest from the applicant that details the student’s interest in public interest law or the government sector; a resume of the applicant; and a written offer of employment to the applicant for an unpaid legal position in public interest law or the government sector for the summer of 2005. Applications must be submitted to the following address: J. Brent Moore, YLD Summer Fellowship Coordinator, Office of General Counsel, New Mexico Environment Department, 1190 St. Francis Dr., Suite N-4050, Santa Fe, New Mexico 87505 Applications must be postmarked by March 31. Any questions regarding the fellowship should be directed to J. Brent Moore at (505) 476-3783. 8 BAR BULLETIN - February , - Volume , No. NM Women’s Bar Association Mid-State Chapter Monthly Networking Luncheon The New Mexico Women’s Bar Association’s next networking lunch will be from noon to 1:30 p.m., March 9 at Conrad’s in the LaPosada Hotel, Albuquerque. Members and visitors are welcome. Advance reservations are required. Lunch prices range from $6 - $11, and payment is made directly to the restaurant. Anyone interested in attending this meeting should R.S.V.P. to Rendie R. Moore, [email protected]. February Monthly Meeting The Sandoval County Bar Association will hold its next monthly meeting from noon to 1 p.m., Feb. 24 at the Pasta Café Italian Grill, 3201 Southern Blvd. SE, Rio Rancho. The program will feature a general discussion on attorney’s charging liens. Anyone interested in attending should R.S.V.P. by close of business on Feb. 22 to (505) 892-1050. OTHER NEWS UNM Law Library Spring Semester Hours Hours through May 15: Mon. – Thurs. Fri. Sat. Sun. 8 a.m. to 11 p.m. 8 a.m. to 6 p.m. 9 a.m. to 6 p.m. noon to 11 p.m. Reference: Mon. – Thurs. Fri. Sat. Sun. 9 a.m. to 9 p.m. 9 a.m. to 5 p.m. noon to 4 p.m. noon to 4 p.m. Extended Exam Hours: Apr. 30 8 a.m. to 10 p.m. May 1 9 a.m. to 10 p.m. May 7 8 a.m. to 10 p.m. May 8 9 a.m. to 10 p.m. May 14 8 a.m. to 10 p.m. COURT REGULATED PROGRAMS www.nmbar.org UNM Peace Studies Program Peace Fair The University of New Mexico Peace Studies program will host Albuquerque’s first Peace Fair, free and open to the public, from noon to 8 p.m., March 1 in the Student Union Building ballroom. UNM’s School of Law, Students Organizing Action for Peace (SOAP), International Programs, Women Studies, Women’s Resource Center, the sociology, political science, anthropology and communication and journalism departments, Religious Studies and College of Arts and Sciences are co-sponsors. Peace Studies is dedicated to the study of the causes of violence and alternatives to violence and the practice of conflict resolution on all levels – from the interpersonal to societal to international. Call (505) 2774032 for more information. MCLE – [email protected] or www.nmmcle.org 2004 Annual Compliance Reports At the end of February the 2004 Annual Compliance Reports will be mailed to all active licensed New Mexico attorneys. The reports include all information for courses taken by 12/31/04. All noncompliant attorneys are assessed a late compliance fee, and the invoice for payment of the fee is included with the Annual Report. Noncompliant attorneys must complete their requirements immediately. All fees assessed are due by 3/31/05. On April 1, 2005 a second late compliance fee will be assessed for those attorneys who continue to be in noncompliance. Check your records online at www.nmmcle.org to ensure you have completed 2004 credit requirements, and to monitor your credits earned in 2005. Legal Specialization – [email protected] The Board Of Legal Specialization is pleased to announce the following attorneys as Certified Specialists in 2004. announcements for publication in the to [email protected] by 5 p.m., Monday the week prior to publication. BANKRUPTCY LAW – BUSINESS George M. Moore EMPLOYMENT AND LABOR LAW George Christian Kraehe, George R. McFall and Carol L. Dominguez Shay FAMILY LAW Roberta Suzanne Batley and Catherine Oliver NATURAL RESOURCES – WATER LAW James C. Brockmann, Arnold J. Olsen and Jay F. Stein REAL ESTATE LAW David S. Campbell For additional information regarding the Legal Specialization program including a list of Board Certified Specialists, go to www.nmbar.org - Other Bars/ Legal Groups, use the Court Regulated Programs tab in the 2004-2005 Bench and Bar Directory, or call (505) 797-6057. BAR BULLETIN - February , - Volume , No. HEARSAY Jocelyn R. Castillo has joined the firm of Moses, Dunn, Farmer & Tuthill, PC as an associate attorney. Castillo’s practice will focus on business, real estate, construction, title insurance, intellectual property and personal injury. Castillo graduated with honors from the University of New Mexico in 2000, and received a law degree from the University of San Diego School of Law in 2003, where she was recipient of the Dean’s Outstanding Scholar Award. Retired consumer attorney Tim Covell has written a new book entitled Rational Simplicity. Covell once called himself a consumer advocate, but grew tired of the world of consumerism. He managed to retire just eight years after setting course to a simpler lifestyle and his book describes how he did it. Rational Simplicity contains recommendations that help readers spend less time on material goods and more time pursuing their dreams. Denise Fort, UNM professor of law, has been appointed to the National Research Council committee charged with conducting the study “Potential and Pitfalls for Sustainable Underground Storage of Recoverable Water.” The committee will publish an overview of research needs and priorities concerning sustainable underground storage technology. A variety of factors contributDenise Fort ing to the performance of storage projects will be assessed. The National Research Council is an arm of the National Academies. Fort has 25 years experience in environmental and natural resources law. She is former chair of the Western Water Policy Review Advisory Commission, a presidential appointment. Fort joined the UNM law faculty in 1991. Gwen R. Gist has joined the firm of Marek & Francis, PA as an associate. She is a graduate of Baylor University School of Law with a concentration in estate planning and general civil litigation. Prior to attending law school, she practiced as a certified public accountant. Gist will focus her practice on estate planning, probate and administration, domestic relations law and general civil litigation. Gist is also the president-elect of the Eddy County Bar Association. Susan M. Hapka a n d V i c t o r P. Montoya have been elected shareholders at Sutin, Thayer & Brown, PC. Hapka has a law degree from UNM and a bachSusan M. Hapka elor’s degree from Victor P. Montoya the University of Wisconsin-Milwaukee. She has a civil litigation practice with a focus on university law, employment law and insurance defense. Montoya has a law degree from the University of California Davis and a bachelor’s degree from the University of Texas. He practices primarily in commercial litigation, employment law, commercial landlord and tenant law, construction law and civil rights. 10 BAR BULLETIN - February , - Volume , No. Helen Hecht, Henry A. Kelly, Sarita Nair, Michelle K. Ostrye and Alison L. Rosner have joined Sutin, Thayer & Brown, PC. Hecht has a law degree from UNM and a master’s and bachelor’s degrees from NMSU. She practices primarily in the area of state and federal taxes. She is a member of the board of the Association of Commerce and Industry, serves on the ACI TaxaHelen Hecht tion Committee and is a founding board member of the New Mexico Tax Research Institute. Kelly has a B.B.A. and an LL.B. from the University of Texas. He practices primarily in corporate law, partnership law, mergers and acquisitions, commercial real estate law, insurance law and business and individual taxation. Kelly is also listed in the Best Lawyers of America. Nair received a law degree and an Henry A. Kelly M.C.R.P. from the University of New Mexico and a bachelor’s degree from Wesleyan University. She practices primarily in the areas of nonprofit, corporate, probate and trusts. Nair also served as a clerk for New Mexico Court of Appeals Judge Lynn Pickard prior to joining Sarita Nair the firm. Ostrye received a law degree from Texas Tech University and a bachelor’s degree from the University of Montana. She practices primarily in the area of commercial litigation and is licensed in Texas and New Mexico. R o s n e r r eceived a law degree and a bachelor’s d e g re e f ro m t h e Michelle K. Ostrye University of New Mexico. She practices primarily in the areas of commercial litigation, creditors’ rights and secured collections. Prior to joining the firm, Rosner was a prosecutor in the Second Judicial District. Alison L. Rosner The New Mexico Defense Lawyers Association has announced its 2005 slate of officers: Paul Houston of Sturges, Houston & Sexton, president; Kathleen Wilson of Keleher & McLeod, president-elect; and Gary Van Luchene of Keleher & McLeod, secretary/treasurer. Larry J. Montano has joined the Holland & Hart law firm in the Litigation Department and will be a member of the Environmental and Natural Resources Practice Group. Montano’s expertise lies in the areas of professional liability, commercial litigation and appellate law. Prior to joining the firm, Montano worked as an associate for Rodey, Dickason, Sloan, Akin & Robb, PA and clerked for the Honorable Bruce D. Black, Federal District Court Judge. Montano received both a J.D. in 1999 and a bachelor’s degree in 1996 from the University of New Mexico. Law student Carlos Ruiz de la Torre from the University of New Mexico School of Law was one of four runner-ups in the 7th Annual Entertainment Law Initiative (ELI) Essay Competition. The competition, cosponsored by the American Bar Association, culminated with the ELI Luncheon and Scholarship Presentation Feb. 11. Ruiz de la Torre’s essay was entitled “Digital Music Carlos Ruiz de la Torre Sampling and Copyright Law: Can the Interests of Copyright Owners and Sampling Artists be Reconciled?” For his winning essay, Ruiz de la Torre received a $1,500 scholarship and a trip to the GRAMMY® Awards in Los Angeles. Additionally, his paper will be published in the Cardozo Arts and Entertainment Law Journal. IN MEMORIAM Allen Paul Gerlach, 59, died on Jan. 5 while swimming in his beloved Costa Rica. An Albuquerque attorney and citizen of the world, Allen was born on June 3, 1945, in Lincoln, Nebraska to Reuben and Marie Heckman Gerlach. He attended public schools in Lincoln, where he was a member of the award-winning Southeast High School debate team. He received a B.A. from the University of Nebraska in 1967, a M.A. 1970 and Ph.D. in Latin American history from the University of New Mexico in 1973 and a J.D. in 1988 from UNM. He served as the director of the New Mexico Endowment for the Humanities and subsequently practiced law in Albuquerque from 1989 through 2004. Allen is survived by his wife, Martha; and daughter, Marty of Albuquerque; son, Greg of Birmingham, Ala.; brother, Larry of Salt Lake City; mother- and father-in-law, Alice and Vance Diggins Sr.; brothers-in-law, Vance and John Diggins, Robert Gleffe; sisters-in-law, Gail Gerlach, Sally Shepard, Nancy Gleffe, Jane Diggins, and Karen Diggins; and numerous nephews and nieces. Gerlach had an abiding interest in and fascination with Latin America, its history, culture and people. A historian at heart, he authored Indians, Oil and Politics: A Recent History of Ecuador in 2003. An avid baseball fan and student of the game, he held season tickets for Dukes/Isotopes games and longed to hear “Cubs win! Cubs win!” He embraced life with gusto and boundless energy, had a keen sense of humor, relished exploring the world of ideas, championed causes to better the human condition and was a true and loyal friend. Judge Samuel Mandel, 94, a resident of Albuquerque since 1959, died Jan.27. He is survived by his loving wife of 63 years, Lillian Mandel; daughters, Eileen Mandel and friend, Peter Stewart of Santa Fe and Seattle, Wash., and Nancy Mandel and husband, Bob Virgin of Golden, Colo. and their children, Carrissa and Laura; sister, Rebecca Plevinsky of Cherry Hill, N.J.; and many other family members. He graduated from Pennsylvania State University with a degree in journalism and received a law degree from Temple University. Judge Mandel retired from the Air Force as a lieutenant colonel after beginning his career in the U.S. Army Air Corps. He served during World War II in the China-Burma Theater where he dined with Gen. Chiang Kai-shek and was acquainted with the Dali Lama. After retiring from the Air Force, Judge Mandel was a Metropolitan Court Judge in Albuquerque for 12 years. Raymond G. Sanchez, former Speaker of the New Mexico House of Representatives, has been appointed by Gov. Bill Richardson to serve on the University of New Mexico Board of Regents. Sanchez is an Albuquerque lawyer who was elected in 1970 to serve in the New Mexico Legislature. He served in the House through 2000 - serving as House Speaker from 1983-85, and again from 1987-2000. He was the second longest Raymond G. Sanchez serving State House Speaker in the country. Sanchez represented New Mexico nationally as president of the National Association of Latino Elected and Appointed Officials. During his tenure, Hispanic Business Magazine named Sanchez as one of the 100 most influential Hispanics. Sanchez will serve a six-year term on UNM’s Board of Regents. Pete Ross, 52, a resident of Rio Rancho, died Feb. 6. He is survived by his wife, Anne Ross of Rio Rancho; four sons, Frank Morlock and wife, Pearlette of Rio Rancho, John Morlock and wife, Christine of Sterling, Va., Mat Morlock and wife, Jessica of Albuquerque, and Greg Ross and wife, Amanda of Rio Rancho; one daughter, Misty Ross of Beaumont, Texas; father, Charlie Ross and wife, Helen of Albuquerque; one brother, Jeff Ross and wife, Lia of Tijeras; one sister, Sally Ross of Albuquerque; grandchildren, Frankie, Imani, Timothy, Shannon, Alex, Riley, Noah, DeAnza, Zoey, Kodi, and Kylie. Ross is also survived by Charlie the monkey. He was born and raised in Albuquerque. Pete served in the U.S. Marine Corps in Vietnam, after the war he became a NM State Police officer. After sustaining a serious injury, Ross was inspired his family when he back to college and became a prosecuting attorney. He served in the Bernalillo County District Attorney’s Office until his death. Ross taught courses at several area colleges, including UNM Law Clinics. He was a loving and caring husband, father, grandfather, brother, son, and a mentor to many. He loved his family and his work. Ross lived life to its fullest and beyond. He was an active member of New Life Baptist Church since 1989. Randall Mark Toth, 56, passed away in December after a battle with biliary tract cancer. Toth was the former Roswell city attorney and a longtime civil servant. Toth served in Roswell government for two decades. In the 1980s, he worked in the Fifth Judicial District Attorney’s Office as an assistant district attorney and senior trial prosecutor. He continued his civil service, serving as deputy city attorney and then city attorney, until he retired for medical reasons in 2001. Toth was born in Milwaukee on Sept. 16, 1949, to George and Arlein Toth. He joined the U.S. Army and went to Vietnam at 17. A devoted member of the Church of Jesus Christ of Latter-day Saints, Toth served on a mission in northern California after his Vietnam service. He attended Brigham Young University, earning a bachelor’s degree in 1976 and a law degree in 1979. He met Nancy Whitcomb while at BYU, whom he married on Aug. 23, 1978. The couple had four children: Jennifer McIntyre, who lives in Lubbock, Texas, with her husband, James; Heidi Toth, who is studying at Texas Tech University; Rachel Toth, who is attending New Mexico State University; and Joshua, who is still at home. A Civil War and history buff, Toth loved to debate politics and had planned to return to school to earn a doctorate in history. Editor’s Note: The Bar Bulletin periodically publishes “Hearsay” and “In Memoriam.” Send items to: Editor, PO Box 92860, Albuquerque, NM 87199-2860 or [email protected]. BAR BULLETIN - February , - Volume , No.
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