N.M. Judiciary NMdataXchange – Violation Policy v1.1

Administrative Office of the Courts

Supreme Court of New Mexico

A

rthur W. Pepin, Director Judicial Information Division

202 E. Marcy St.

Cassandra Hayne

Judiciary Chief Technology Officer

Santa Fe, NM 87501

(505) 476-6900

(505) 476-6952 (fax)

www.nmcourts.gov

Online Access Subcommittee

Policy Regarding NM dataXchange Access Violations

A

ll violations of the terms and conditions of an individual’s application for

online access to New Mexico court case data are reviewed by the Online Access

Subcommittee (“OAS”) of the Judicial Information Systems Council (“JIFFY”).

Upon discovery of a violation of any of the terms and conditions set forth in the

Application for Online Access to New Mexico Judiciary Secure Court Case Data

in the NM dataXchange by any user, the following steps will be implemented:

1. T

he Judicial Information Division (“JID”) will immediately disable the NM

dataXchange access of the user violating the terms and conditions of the

NM dataXchange Application.

2. The user will be notified by the JID Chief Information Officer (“CIO”),

through the JID service desk ticket system, that said user’s NM

dataXchange access has been disabled, and will be sent a notice describing

the violation(s) and the process to follow to seek restoration of NM

dataXchange access.

3. For all users seeking restoration, the user must submit a new and complete

application with a letter addressed to the OAS Chair detailing the reasons

f

or, or the circumstances surrounding, the violation that led to the user’s

di

sabled access.

4. Violations:

A. For a first violation OAS will consider the new application and

explanatory letter and determine whether NM dataXchange access

shall be restored. OAS may request that the user appear before OAS

to provide further explanation as to the violation before making a final

determination.

B. Any subsequent violations will result in permanent termination of NM

dataXchange access without OAS review unless a hearing is requested

within 30 days in writing to the OAS Chair. If OAS upholds the

permanent termination or no review is requested timely and the

violator is an attorney, an automatic referral to the Disciplinary Board

of the New Mexico Supreme Court will be made by the Director of

the Administrative Office of the Courts (“AOC”).

5. All decisions by OAS will be communicated in writing by the Director of

the Administrative Office of the Courts (“AOC”).

6. Any decision of OAS may be appealed by requesting a date to appear

before JIFFY in writing to the AOC Judiciary Chief Information Officer

(CIO).