N.M. Ct. App. Policies & Procedures Manual V

A. Cases shall be assigned to three-judge panels. All assignments for

authorship and participation on cases shall be on a random rotating

basis, except that (1) if the same record (transcript, record proper,

exhibits) is involved in two or more cases, those cases should ordinarily

be assigned to the same panel, whether or not the cases are pending at

the same time; (2) if two or more cases raise the same or similar issues,

those cases should ordinarily be assigned to the same panel, if those

cases are pending at the same time; and (3) when circumstances require

a quick decision on a case, the chief clerk may, upon consultation with

the chief judge, assign a panel of judges whose caseloads allow an

expeditious decision.

B. In advance of the assignment of cases, the chief clerk or designee shall

distribute to each judge a conflict sheet for cases ready to be submitted

to a panel. Judges shall timely inform the chief clerk of any necessary

recusals. The chief clerk may also perform a final conflict check

immediately before submissions.

C. For one year following the departure of a judge’s law clerk, that judge

should not participate on any case in which the former law clerk is

involved as either appellate counsel or trial counsel. At the discretion

of that judge, the period of recusal may be extended for a period in

excess of one year.

D. Order of participation will be decided by agreement of the panel

members within two (2) business days of the draft opinion being

circulated.

E. When a participating judge recuses after submission of a case, the chief

clerk shall reassign the case according to a rotation schedule, regardless

of other monthly submissions. When an authoring judge recuses after

submission of a case, the chief clerk shall reassign the case as part of

the new author’s monthly submissions. If this is not feasible, the case

shall be resubmitted during the next available submissions.

F. The chief clerk will assign cases by balancing such priorities as the age

of the case, legislative performance measures, and the priority given to

types of cases as follows:

(1) interlocutory appeals, children’s court, domestic relations

involving child custody or child support, mental health, domestic

violence cases, arbitration, and writs of error;

(2) criminal cases;

(3) workers’ compensation, unemployment cases, and Minimum

Wage Act cases;

(4) other civil cases and administrative appeals.

The chief clerk shall make a notation in the monthly submissions

identifying cases in category (1).

Upon opening cases, the clerk’s office shall screen domestic relations

cases in which the primary issues concern child custody or support.

Notwithstanding the foregoing prioritization of cases, the chief clerk

may assign for authorship any case which is ready for assignment as

directed by the chief judge.

G. The chief judge may for good cause direct that additional cases be

assigned to each judge. The chief judge may for good cause relieve a

judge of a case assignment and reassign the case for authorship or

participation.

H. If a judge completes the cases he or she is assigned to author, such judge

is expected to ask the chief clerk for a pickup case. The chief clerk shall

assign pickup cases on the same basis as other case assignments are

made.