N.M. 2nd Jud. Dist. Amended LR2-400-20160202 M

All

criminal cases filed on or before June 30, 2014, shall by order of the chief judge be assigned or

reassigned to a special calendar. District court judges shall be assigned as special calendar

judges by separate order of the chief judge, who is authorized to reassign any district judge to be

a special calendar judge. Among the special calendar judges, the chief judge shall designate a

"master calendar" special calendar judge. Time limits and rules for disposition of cases assigned

or reassigned to special calendar judges shall be governed by the following:

(1) The master calendar judge shall request that the Second Judicial District

Attorney’s Office and Law Offices of the Public Defender assign attorneys to only special

calendar cases until the special calendar is concluded and any remaining special calendar cases

are absorbed into the new calendar. The master calendar judge shall request that attorneys

assigned by the Second Judicial District Attorney’s Office and Law Offices of the Public

Defender to the special calendar have authority to negotiate binding resolution of the special

calendar cases assigned to them;

(2) In consultation with the special calendar judges, the master calendar judge

shall assign all cases filed on or before June 30, 2014, among the special calendar judges as

follows:

(a) After assignment of a case to a special calendar judge, the judge

shall hold a status hearing as provided in Paragraph G of this rule. Before conclusion of the

status hearing, the special calendar judge shall enter an order establishing dates by which events

shall occur leading to resolution of the case. This order may, but is not required to, assign the

case to track 1, 2, or 3 as provided in Paragraph G of this rule; and

(b) No party shall acquire any right of peremptory excusal for cases

assigned to a special calendar judge. Unless a special calendar judge was excused prior to the

effective date of this rule, any special calendar judge may act in any case on the special calendar;

and

(3) The master calendar judge may establish, upon written approval of the

chief judge, any process for case assignment or reassignment that will result in the efficient

administration of cases on the special calendar. This may follow the process or a modification of

the process provided for in Paragraph G of this rule, may be a process similar to that proposed to

the Bernalillo County Criminal Justice Review Commission by the Law Offices of the Public

Defender, or may be otherwise. The process shall be established in writing and approved by the

chief judge as follows:

(a) The court shall provide reasonable notice of at least thirty (30) days

to special calendar case parties of assignment of the parties’ case to the special calendar and of

the process to be applied to special calendar cases; and

(b) The chief judge shall monitor progress of special calendar cases to

resolution. When in the determination of the chief judge there has been sufficient progress

toward disposition of a sufficient number of cases assigned to the special calendar, the chief

judge shall notify the Supreme Court and request modification of this rule. Modification shall

include reassignment of special calendar judges to the new calendar schedule, and may include

any changes to the new calendar process deemed appropriate based on the outcome of case

processing under the new calendar and special calendar processes.