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

REVIEW CONDITIONS OF RELEASE, MOTIONS FOR STAY,

WRITS OF CERTIORARI, AND EXPEDITED APPEALS

REGARDING RELEASE OR DETENTION OR FROM CHILDREN’S

COURT CUSTODY HEARINGS

A. Interlocutory Appeals

(1) Applications for interlocutory appeals shall be decided by a

majority of a panel consisting of the calendaring judge and two

other judges assigned by the clerk’s office in random rotation.

The Division of Appellate Court Attorneys (DACA) assigns

applications for interlocutory appeal as a priority case and makes

a recommendation on the merits. The order granting or denying

the interlocutory appeal and ordering the record proper, if

necessary, shall be signed by all judges on the panel. If one panel

member disagrees with the decision of the majority, that judge

shall indicate such disagreement with a signature of dissent. If

granted, there shall be a separate calendar assignment that shall

be signed by the calendaring judge only.

B. Writs of Error

(1) Applications for writs of error shall be decided by a panel

consisting of the calendaring judge and one other judge assigned

by DACA through random assignment. If the two judges

disagree as to whether the application shall be granted, then a

third judge shall be assigned to act on the panel by DACA

through random assignment. If granted, there shall be a separate

calendar assignment that, as well as further calendar assignments

in the case, shall be signed by the calendaring judge only.

C. Motions to Review Conditions of Release and Expedited Appeals

Regarding Release or Detention, from Children’s Court Custody

Hearings, or from Orders Regarding Assisted Outpatient Treatment

(1) Motions to review conditions of release and expedited appeals

regarding release or detention, from children’s court custody

hearings, or from orders regarding assisted outpatient treatment

shall be decided in accordance with the applicable Supreme

Court rule (Rule 12-204 NMRA, Rule 12-205 NMRA, Rule 12-

206.1, or Rule 12-207.1 NMRA). Rules 12-204, 12-206.1, and

12-207.1 appeals are immediately screened by DACA and a

recommendation is sent to a rotating panel of three judges. Rules

12-204, 12-206.1, and 12-207.1 appeals are given priority over

all other case work. Motions to review conditions of release

pending appeal made pursuant to Rule 12-205 are promptly

screened by DACA and a recommendation is made thereon.

D. Motions for Stay

(1) Motions for stay or to review trial court action on supersedeas or

stay pending appeal shall be decided in the same manner as writs

of error, but, subject to Appendix A (providing that the motion

may be taken to another judge who has knowledge of the case),

shall be decided by the calendaring judge and a judge assigned

by DACA through random assignment.

E. Writs of Certiorari

(1) Applications for writs of certiorari may be granted by a majority

of a panel comprised of the calendaring judge and two other

judges assigned by the clerk’s office in random rotation. DACA

shall screen applications for writs of certiorari and make a

recommendation thereon. The order granting or denying the

petition shall be signed by all judges on the panel; however, if

one panel member disagrees with the decision of the majority,

that judge shall indicate such disagreement with a signature of

dissent. If granted, there shall be a separate calendar assignment

that shall be signed by the calendaring judge only.

F. When an application for interlocutory appeal, writ of error, or writ of

certiorari is granted, the case shall be placed on a calendar pursuant to

the Rules of Appellate Procedure, Rules 12-203, 12-210, and 12-501

to 12-505.