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

A. WORK HOURS

In accordance with the New Mexico Constitution, a forty-hour work

week shall be established for all Court employees. The Court clerk’s

office shall be open from 8:00 a.m. to 12:00 noon, and 1:00 p.m. to 5:00

p.m., Monday through Friday. Each judge, the chief clerk, the chief

appellate attorney, and the reporter of decisions may for good cause

authorize exceptions and alternative work schedules for their staff,

subject to the general approval of the chief judge, and provided that

each authorized position shall be responsible for the full forty-hour

work week. The intent of this provision is to allow job sharing, flexible

hours, teleworking, and other modern employment practices.

B. TELEWORK AND ALTERNATIVE WORK LOCATION

In compliance with the AOC Telework and Alternative Work Location

Policy, the Court allows employees to work from locations other than

their assigned work site so long as such arrangement does not impair

service to the public or the employee’s ability to meet job requirements,

and subject to the general approval of the chief judge. Employees may

use alternative work sites on a regular basis or on an irregular basis,

based on the needs of the employee and the Court, and at the judge’s,

supervisor’s, or division head’s discretion, as appropriate.

C. INCLEMENT WEATHER

All employees who are able to should telework in the event of a delay

or closure of the Court of Appeals due to inclement weather. Employees

who telework during delays or closures shall enter their time as they

normally would using the code, TELWK.

Employees who are unable to report to work or telework will still be

compensated in the event of weather-related delays or closures.

Employees unable to work during delays and/or closures should use the

time reporting code, INCWE, to be compensated for their missed time.

Employees who have not been designated as essential employees will

not receive administrative compensation time for hours worked during

a delay or closure.

Santa Fe: The Chief Justice of the Supreme Court or designee

determines closures due to inclement weather for the Court of Appeals

office in Santa Fe. This applies to both full day closures and partial day

closures (i.e., late arrival and early departure). The Supreme Court

disseminates closure information to the public and Court employees.

Albuquerque: The chief judge or designee determines closures due to

inclement weather for the Court of Appeals in Albuquerque. This

applies to both full-day closures and partial-day closures (i.e., late

arrival and early departure). The Court of Appeals disseminates closure

information to the public and Court employees, including

dissemination of an inclement weather policy on an annual basis.

D. PORTRAITS

(1) Portraits of former judges may be hung in the Court of Appeals.

(2) Minimum requirements as to the size of portraits, including the

frame, are 16 x 20 inches. Maximum requirements, including the

frame, are 25 x 30 inches, at the discretion of the person(s)

supplying the portrait. The type of frame is discretionary.

(3) The portrait may either be in black and white or color.

(4) Any plaque or information attached to the frame shall be at the

discretion of the person(s) supplying the portrait.

(5) The portrait will be accepted by the Court for hanging without

cost to the Court of Appeals.

E. JUDGES’ MEETINGS

(1) Meetings of the judges of the Court of Appeals shall be held at

such times as the chief judge shall direct. Meetings may also be

called by a majority of the judges of the Court.

(2) Eight judges must be in attendance at a meeting to constitute a

quorum. Proxy voting shall be permitted at Judges’ Meetings.

Any judge who will be absent shall notify the chief judge in

writing who will have the absent judge’s proxy, if any. Judges

shall not hold more than one proxy for any given meeting or vote.

(3) Minutes of any Judges’ Meetings shall be kept by the chief

judge’s successor or other designee. Minutes of each meeting

(excluding closed session and other confidential matters) will be

made available to staff.

F. BAR ACTIVITIES

It shall be the policy of the Court to encourage staff participation in

activities of the State Bar of New Mexico or other similar professional

organizations. To this end, the chief judge may authorize administrative

leave for this purpose to the extent such leave does not unduly interfere

with Court operations. Court facilities and supplies, such as telephone,

stationery, copying, and postage may also be used for these purposes as

long as they are minimal in amount.

G. COMP TIME

The Court’s policy on comp time is in compliance with the AOC policy.

Employees who are not otherwise precluded by the NMJB Personnel

Rules who, with prior approval, work beyond eighty (80) hours in a pay

period (classified, exempt employees) or beyond forty (40) hours in a

week (classified or at-will, non-exempt employees) may be

compensated at straight time worked, including non-worked paid time.

Compensation shall be made with the accrual of compensatory time or

may be made with monetary compensation, budget permitting. Due to

the nature of the work at the Court and in light of our obligation to the

public, the accrual and use of compensatory time must be approved by

the employee’s supervisor in advance, and the accrual may not exceed

eight (8) hours per pay period unless a judge or division head

determines that a special or emergency project warrants more. In

accordance with the NMJB Personnel Rules, an employee shall not

have a balance of more than eighty (80) hours of compensatory time at

the end of the calendar year, and compensatory time may not be accrued

on a holiday.

H. JUDICIAL EXTERN PROGRAM

(1) The Court of Appeals has a judicial extern program designed to

provide an opportunity for law students to learn about the

operation of the Court and appellate procedure. Externs receive

first-hand experience in the judicial decision-making process.

(2) Whether to have an extern and the method of selection is at the

discretion of each judge. Judges should maximize the

educational experience by granting externs access to events in

the courtroom and in the judge’s chambers. The judge should

take time to explain their decisions to the extern and to answer

questions. All facets of the judicial decision-making process

should be open to discussion.

(3) Judges are encouraged to assign specific hands-on tasks that will

aid the law student in becoming involved in the judicial decision-making process. These tasks may include such activities as

summarizing case files, legal research, and document drafting.

Judges should keep in mind that the quality of the educational

experience for the law student is enhanced by both the depth and

breadth of the tasks assigned. Judges are discouraged from

overburdening the extern with research at the expense of full

exposure to judicial decision-making. No single task or narrow

set of tasks should become the exclusive experience for the

judicial extern and should not be assigned at the expense of the

student’s opportunity to observe and discuss the judge’s daily

decision-making.

(4) Law students may earn course credit for their participation in the

extern program. It is the extern’s responsibility to ensure

compliance with their law school’s course credit requirements.

No compensation shall be paid and externs are required to adhere

to the confidentiality policies adopted by the Court. Externs shall

be required to sign a gratuitous services and confidentiality

agreement. To protect confidential and sensitive information, the

work of the Court should be performed on only those computing

devices provided by the Court. The use of personal computing

devices to perform Court work is prohibited.

(5) Because they are not Court employees, externs shall not be

provided a judicial branch email address, access to Odyssey, or

access to shared network drives. If available, externs may use

one of the extern offices, unused office space, or other unused

space (e.g., the library or a conference room) on a temporary

basis during the hours they are working for the Court. The

chambers for which the extern is working shall indicate any

ongoing space usage on the Court calendar. As they are not

employees, externs shall not store their personal belongings on

Court property or otherwise take ownership over Court space. If

the Court or an employee of the Court needs the space that is

being used by an extern, the needs of the Court and its employees

take precedence; however, when possible, notice to the judge for

whom the extern is working shall be provided before such space

is taken.

(6) Due to confidentiality concerns, the time pressures placed on

DACA, and the potential for internal court policies and

procedures to be discussed at law clerk meetings, externs should

not attend any law clerk meetings led by DACA, and judges

should inform their externs that, when questions arise, they

should direct such questions within chambers.

I. FREE PROCESS ON APPEAL

Applications for free process shall be considered according to the rules

approved by the Supreme Court. See Rule 12-304 NMRA.

J. PHYSICAL FITNESS

The Court adopts the AOC’s policy on “physical fitness activity during

work hours.”

K. USE OF PAMELA B. MINZNER LAW CENTER

All use of the Court of Appeals Pamela B. Minzner Law Center shall

be in accordance with the policies attached as Appendices B through G.

L. RETIREMENT OR DEPARTURE OF JUDGES

In anticipation of a judge’s planned retirement or departure from the

Court, the chief clerk, in consultation with the departing judge and the

chief judge, shall determine the point at which to stop assigning new

cases to the departing judge. A judge who is within six (6) months of

departing shall not serve as calendaring judge.

M. REVISION OF POLICIES AND PROCEDURES

These policies and procedures should be updated periodically, with an

annual informal review by a policies and procedures committee, and

formal updates every two years.

N. COURT POLICY ON GENDER NEUTRAL LANGUAGE

It is the Court’s policy to use gender-neutral language. Whenever

appropriate and possible, the Court will elect to use they/them/their in

official documents.

APPENDIX A

JUDGE SIGNATURES REQUIRED FOR ORDERS

Signature lines shall be in order of seniority,

and the chief judge is considered the most senior judge.

NO. OF JUDGE

TYPE OF ORDER SIGNATURES PROCESS

Order Granting/Denying/Quashing Petition

for Calendar judge plus 2 judges

Writ of Certiorari 3 determined by clerk's office

Order Granting/Denying/Quashing Calendar judge plus 2 judges

Application for Interlocutory Appeal 3 determined by clerk's office

Calendar judge plus 2 judges

Order Granting/Denying Writ of Error 3 determined by clerk's office

Calendar judge plus 2nd judge

determined by seniority rotation;

calendar judge may bring in 3rd

Order Granting/Denying Request for Stay 2 judge

Calendar judge plus 2nd judge

determined by seniority rotation;

calendar judge may bring in 3rd

Order Dismissing Appeal 2 judge

Order of Limited Remand (Non-Dispositive) 1 Calendar judge

Calendar judge plus 2nd judge

determined by seniority rotation;

calendar judge may bring in 3rd

Order of Remand (Dispositive) 2 judge

Same 3 judges that decided the

opinion participate in the

decision; 2 of the 3 may decide

to grant or deny. Only the author

signs the order. If one of these

judges is not available, Chief

Judge shall designate

Order Granting/Denying Motion for replacement (delegated to Chief

Rehearing 1 Clerk).

Order in the regular course (e.g., Order

Denying Motion to Consolidate; Order

Consolidating Appeals; Order

Striking/Limiting Filings/Extensions;

Order to Seal Records; Order for Status Calendar judge; they may decide

Report) 1 to convene a panel

NO. OF JUDGE

TYPE OF ORDER SIGNATURES PROCESS

Calendar judge; they may decide

Order to Show Cause 1 to convene a panel

Order Setting Contempt Hearing for Calendar judge plus 2 judges

Violation of this Court's Order 3 determined by clerk's office

Order to Certify/Transfer to the Supreme Calendar judge plus 2nd judge

Court 2 determined by seniority rotation

Order Denying Motion to Certify 1 Calendar judge

Order Granting/Denying Motion to File Calendar judge plus 2nd judge

Amicus Brief 2 determined by seniority rotation

Rule 12-204 Order for Audio or

Stenographic Recording 1 12-204 Panel point judge

Rule 12-204 Order for Response from

Appellee 1 12-204 Panel point judge

2 judges on the 12-204 panel;

order prepared for 2 more senior

judges, but 3rd judge can

Rule 12-204 Order of Remand substitute based on availability

(Dispositive) 2 or lack of agreement

2 judges on the 12-204 panel;

order prepared for 2 more senior

judges, but 3rd judge can

substitute based on availability

Rule 12-204 Order of Dismissal 2 or lack of agreement

Rule 12-204 Order on the Merits 3 12-204 Panel

Rule 12-205 Motion to Review Conditions Calendar judge plus 2nd judge

of Release 2 determined by seniority rotation

*Note: if a judge has previously worked on a case, exceptions about which judge should be

selected may be made.

APPENDIX B

POLICIES RELATED TO USE OF

THE NEW MEXICO COURT OF APPEALS,

PAMELA B. MINZNER LAW CENTER

School of Law Guidelines for Reserving NM Court of Appeals Courtroom

The courtroom at the Court of Appeals is available to students, faculty, and staff for

educational purposes. The Court of Appeals has graciously encouraged us to use this

important public space. The purpose of this document is to communicate our

understanding of the terms of use to any member of the law school community

wishing to use the courtroom.

Students, faculty, and staff should recognize that we are guests of the Court and that

court business has absolute priority over any other use. For example, matters on the

court schedule will have first priority in use of the courtroom.

While the Court of Appeals has graciously allowed us to use the courtroom,

members of the law school community shall observe all rules of decorum of the

Court as though the Court is officially in session and shall behave accordingly. For

example, students shall not bring food or drink into the Court of Appeals (though

water in a plastic container is allowed), and shall not put their feet on the furniture.

Students shall not touch any electronic devices and equipment in the courtroom. All

trash and papers shall be removed from the courtroom after use. The courtroom shall

be left in the same condition in which it is found. Moreover, smoking is not permitted

within the building or nearby the building on court grounds.

The courtroom may be used for educational purposes only. There may be no parties,

receptions, or other social functions due to the formal nature of the facility and

concerns for security of judges and other court officials. Guests may not hang, tape,

staple, tack, or glue any materials on the interior or exterior walls of the building.

Space is generally available during business hours, from 8:00 a.m. to 12:00 p.m. and

1:00 p.m. to 5:00 p.m., Monday through Friday. Space is not available during State

and Federally recognized holidays. For use after business hours and on weekends,

reservation is based on staffing availability. Opening and closing of the facility will

be by Court of Appeals staff.

To reserve the courtroom, students, faculty, or staff should make reservations in

person with the office of the Clerk of the Court of Appeals at least forty-eight (48)

hours in advance of the activity being planned. Reservations are at the discretion of

the Court and may be refused for any reason for the convenience of the Court. This

form, and a copy of your UNM identification, must accompany the reservation.

The undersigned member of the law school community understands these guidelines

and is willing to accept personal responsibility for ensuring that they are followed

when using the courtroom.

Agreed: Date: _________

Printed name:

APPENDIX C

COURTROOM RESERVATION FORM

THE NEW MEXICO COURT OF APPEALS,

PAMELA B. MINZNER LAW CENTER

Reservation details: Date/time of Courtroom use:

__________________________________________________________________

Purpose:

__________________________________________________________________

Names and phone numbers of participants:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

One of the participating law students, on behalf of all participants, shall read

and sign the attached guidelines for reserving the courtroom and shall

distribute copies of the guidelines to all other participants.

APPENDIX D

POLICY FOR THE USE OF THE NEW MEXICO COURT OF APPEALS,

PAMELA B. MINZNER LAW CENTER

FOR MEETINGS

Section I - General Provisions Regarding Requests to Use Court Space

1. Any request to use space in the Court of Appeals Pamela B. Minzner Law Center for

meetings shall be submitted in writing to the Court of Appeals chief clerk, at least

two weeks prior to the date of the meeting, on the attached request form. Use of court

space for meetings is contingent upon availability of space. All requests will be

reviewed by the chief clerk and the most senior judge in Albuquerque. The Chief

Judge shall be informed of any requests and of all decisions made regarding such

requests.

2. Generally meetings are limited to the hours between 8:00 a.m. to 12:00 p.m. and

1:00 p.m. to 5:00 p.m., Monday through Friday. No food is allowed. A maximum of

thirty (30) people may attend a meeting.

3. Generally no meeting will be permitted to be held in the Court of Appeals Pamela

B. Minzner Law Center if the meeting is not sponsored by a judiciary-related entity

or the UNM School of Law. However, the judges may agree, by majority vote, to

allow an exception for a particular event.

4. No meetings, announcements, or functions of a political nature will be permitted to

be held in the Court of Appeals Pamela B. Minzner Law Center.

Section II. Coordination of Details of the Meeting After Approval Is Received

1. The person requesting to use court space must designate a contact person to

coordinate the details of the meeting with the chief clerk.

2. The contact person will have full responsibility for setting up and cleaning up the

area where the meeting will take place. The contact person must coordinate with the

chief clerk regarding scheduling a time for set-up and clean-up, both before and after

the meeting. The contact person will be responsible for ensuring the space used is in

the same condition it was in prior to the meeting.

3. The contact person will be responsible for coordinating with the chief clerk regarding

parking. The chief clerk shall determine the number of Court parking passes

available for individuals attending the meeting. Beyond any parking passes provided

by the Court, the contact person shall be responsible for providing parking passes

for individuals attending the meeting. When appropriate, the contact person shall be

responsible for coordinating with the School of Law and UNM Parking Services

regarding parking.

4. If a meeting is scheduled by a Court of Appeals Judge or employee to be held in the

Pamela B. Minzner Law Center, that person must contact the chief clerk in advance

to ensure the space needed is available for use on the day requested, to coordinate

parking, and to coordinate any other details related to the meeting.

APPENDIX E

REQUEST FORM FOR MEETING SPACE WITHIN

THE NEW MEXICO COURT OF APPEALS,

PAMELA B. MINZNER LAW CENTER

Person & related entity requesting use of space_____________________________

Describe Type of Meeting_____________________________________________

Date of Meeting___________________ Time of Meeting____________________

Purpose of Meeting__________________________________________________

__________________________________________________________________

Number of Attendees ____________

Please indicate any specific area preferred for meeting ______________________

__________________________________________________________________

IF SEEKING TO USE COURT OF APPEALS VIDEO CONFERENCING

EQUIPMENT, PLEASE COMPLETE INFORMATION SET OUT BELOW.

Will you need to use video-conferencing equipment?____ Yes____No

Is a person attending the meeting trained on use of video-conferencing equipment?

_____ Yes _____No

If no, what steps will be taken to coordinate video connection?________________

__________________________________________________________________

What location(s) will need to connect to the COA video conferencing system?

__________________________________________________________________

Request Approved _______ Request Denied____________ Date ______________

Sr. Albuquerque Judge __________________ Chief Clerk __________________

Space to be used_____________________________________________________

APPENDIX F

POLICY FOR USE OF EXTRA OFFICE SPACE IN

THE COURT OF APPEALS ALBUQUERQUE OFFICE

Section I. General Provisions Applicable to Court of Appeals Employees

1. Use of office space in the Court of Appeals Albuquerque office (COA ABQ) is

contingent upon availability of space. Approval for individuals, whose primary place

of employment is not in COA ABQ, to occupy space in COA ABQ is subject to

change at any time based on changed circumstances of the needs of the Court of

Appeals.

2. Use of office space in COA ABQ by any individual whose primary place of

employment is not in COA ABQ shall be limited to two days per week and shall

consist of two specific days during each week.

3. At the end of each work day all belongings must be removed from the office being

used by any employee whose primary place of employment is not in COA ABQ.

Section II. Priority Given to Court of Appeals Employees

A. First priority for use of available office space in COA ABQ shall be given to

employees of the Court of Appeals.

B. When there is limited office space available for use, priority for Court of Appeals

employees seeking to occupy office space in COA ABQ shall be based upon the

seniority of the individual employee, which is defined as the number of years the

individual has worked as a Court of Appeals employee.

C. Determination of the particular space to be utilized by each Court of Appeals

employee seeking to occupy office space in COA ABQ shall be based on seniority.

APPENDIX G

POLICY ON PARKING FOR

THE NEW MEXICO COURT OF APPEALS,

PAMELA B. MINZNER LAW CENTER

ALBUQUERQUE COURT OF APPEALS

Parking for the Albuquerque Court of Appeals office is extremely limited. Therefore,

this policy will serve as a basis for prioritizing access to the Court’s limited number of

parking passes. First priority for parking passes, for both the CT and L Lot passes, shall be

given to Court of Appeals employees. Second priority for parking passes, for the L Lot

passes, shall be given to individuals conducting Court of Appeals business at the

Albuquerque office. When oral argument is scheduled in Albuquerque, each party to a case

will be provided with one parking pass. This policy is subject to change, depending on the

number of passes made available by UNM for purchase and use by the Court of Appeals.