N.M. Sup. Ct. Order No. 22-8500-036

1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

2 November 9, 2022

3 NO. 22-8500-036

4 IN THE MATTER OF EXPANSION OF

5 THE SCRIBING PROGRAM TO PERMIT

6 COURT STAFF TO ASSIST ELIGIBLE

7 SELF-REPRESENTED LITIGANTS WITH

8 FILLING OUT COURT FORMS

9 ORDER

10 WHEREAS, this matter comes before the Court on the recommendation of

11 the Office of the Statewide ADA Title II Coordinator of the New Mexico

12 Administrative Office of the Courts to expand the scribing program piloted in the

13 Ninth Judicial District Court;

14 WHEREAS, on October 2, 2017, the Court authorized a pilot program in the

15 Ninth Judicial District Court to compile data on the need and impact of scribing

16 services and the impact on court resources for providing such services on a statewide

17 basis, Order No. 17-8500-022;

18 WHEREAS, the pilot program, known as the scribing program, was

19 successfully piloted in the Ninth Judicial District Court, furthering the Court’s

20 efforts to expand access to justice in New Mexico by allowing court staff to assist

21 self-represented litigants in need of assistance with filing out court forms, including

22 those who (1) have a disability recognized by the Americans with Disabilities Act

1 of 1990, 42 U.S.C. § 12101, et seq., (2) have limited English proficiency under Title

2 VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., or (3) have low literacy

3 or otherwise cannot read or complete court forms; and

4 WHEREAS, in light of the foregoing, and the Court having considered the

5 positive community impact of the scribing program and being otherwise sufficiently

6 advised, Chief Justice C. Shannon Bacon, Justice Michael E. Vigil, Justice David K.

7 Thomson, Justice Julie J. Vargas, and Justice Briana H. Zamora concurring;

8 NOW, THEREFORE, IT IS ORDERED that the recommendation is

9 APPROVED, and the program shall be implemented in any magistrate,

10 metropolitan, or district court opting to participate;

11 IT IS FURTHER ORDERED that, effective immediately, the Office of the

12 Statewide ADA Title II Coordinator of the New Mexico Administrative Office of

13 the Courts, in coordination with participating courts, may implement the program to

14 train and permit court staff to read and fill in the blanks of court forms in the litigants’

15 exact words on behalf of eligible self-represented litigants;

16 IT IS FURTHER ORDERED that eligible self-represented litigants include:

17 (1) individuals who cannot read a printed or electronic document in English, (2)

18 individuals who cannot write because of a disability, or (3) individuals with low

19 literacy, low computer literacy, or limited English proficiency;

IT IS FURTHER ORDERED that for the purposes of this program only, Rule 1

23-113(C)(3) NMRA shall be suspended to the extent necessary to reasonably 2

accommodate an eligible self-represented litigant in filing out court forms; 3

IT IS FURTHER ORDERED that the expansion and implementation of the 4

scribing program shall proceed in accordance with procedures and court staff 5

training as recommended by the Office of the Statewide ADA Title II Coordinator 6

of the New Mexico Administrative Office of the Courts; 7

IT IS FURTHER ORDERED that courts may choose to participate in the 8

scribing program by notifying and coordinating with the Office of the Statewide 9

ADA Title II Coordinator of the New Mexico Administrative Office of the Courts. 10

IT IS SO ORDERED. 11

WITNESS, the Honorable C. Shannon Bacon, Chief 12

Justice of the Supreme Court of the State of New Mexico, 13

and the seal of said Court this 9th day of November, 2022. 14