N.M. Sup. Ct. Order No. 23-8500-016

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

April 18, 2023 2

NO. 23-8500-016 3

IN THE MATTER OF THE 4

MODIFICATION OF THE POLICY 5

EXPEDITING THE PROCESS FOR 6

SPECIFIC CATEGORIES OF CASES 7

UPON THE ISSUANCE OF A WRIT OF 8

CERTIORARI 9

ORDER 10

WHEREAS, on June 5, 2013, this Court promulgated a policy, on its own 11

motion, to expedite the process for briefing and oral argument in specific categories 12

of time-sensitive cases; 13

WHEREAS, the Court recognizes the continued need for an expedited process 14

in certain categories of time-sensitive cases with some modifications to account for 15

the Court’s current case management practices; and 16

WHEREAS, in light of the foregoing and the Court being otherwise 17

sufficiently advised, Chief Justice C. Shannon Bacon, Justice Michael E. Vigil, 18

Justice David K. Thomson, Justice Julie J. Vargas, and Just ice Briana H. Zamora 19

concurring. 20

NOW, THEREFORE, IT IS ORDERED that the Court’s June 15, 2013 order, 21

described above, is WITHDRAWN; 22

IT IS FURTHER ORDERED that the modified process set forth in this order 1

shall apply to cases in which the Court grants petitions for writ of certiorari filed 2

under Rule 12-502 NMRA, effective immediately, in the following categories of 3

cases unless otherwise ordered by the Court: 4

1. abuse and neglect proceedings initiated under the Children’s Court 5

Rules; 6

2. termination of parental rights proceedings initiated under the Children’s 8

Court Rules; 9

3. delinquency proceedings initiated under the Children’s Court Rules; 11

and 12

4. applications for interlocutory appeal filed in the Court of Appeals under 14

Rule 12-203 NMRA; 15

IT IS FURTHER ORDERED that the New Mexico Court of Appeals shall 17

transmit the record proper and any transcripts and exhibits within five (5) days of 18

the issuance of a writ of certiorari; 19

IT IS FURTHER ORDERED that in cases that have not been fully briefed in 20

the New Mexico Court of Appeals, Petitioner shall arrange for preparation of the 21

district court transcript of proceedings or shall file a notice of non-designation, in 22

accordance with Rule 12-211 NMRA, within fifteen (15) days of the issuance of the 23

writ; 24

IT IS FURTHER ORDERED that in cases that have not been fully briefed in 1

the New Mexico Court of Appeals, Petitioner shall arrange for any exhibits or other 2

materials to be sent to this Court or shall file a notice of non-designation within 3

fifteen (15) days of the issuance of the writ in accordance with Rule 12-212 NMRA; 4

IT IS FURTHER ORDERED that upon receipt of the record from the New 5

Mexico Court of Appeals and any designated transcripts, the Supreme Court Clerk 6

shall issue an order establishing a briefing schedule in accordance with the following 7

deadlines: 8

1. brief(s) in chief shall be filed within twenty (20) days of the order setting 9

forth the briefing schedule; 10

2. the answer brief(s) shall be due twenty (20) days after service of the 12

brief(s) in chief; and 13

3. the reply brief(s), if any, shall be due ten (10) days after service of the 15

answer brief(s); 16

IT IS FURTHER ORDERED that the briefs shall, without incorporation by 18

reference, consolidate and update any briefs filed in the New Mexico Court of 19

Appeals with respect to the question(s) upon which the Court granted certiorari and 20

shall comment on the final order or opinion of the New Mexico Court of Appeals; 21

IT IS FURTHER ORDERED that oral argument may be requested pursuant 22

to Rule 12-319(B) NMRA, and if the Court grants a request, oral argument shall be 23

set as soon as practicable and no later than one hundred twenty (120) days after 1

briefing has begun pursuant to this order; and 2

IT IS FURTHER ORDERED that the Clerk of Court shall publish a copy of 3

this order in the Bar Bulletin, shall distribute this order via the Court’s email list 4

serve, and shall also distribute a copy of this order to the New Mexico Court of 5

Appeals, the Appellate Division of the Attorney General’s Office, the Appellate 6

Division of Law Offices of the Public Defender, the Administrative Office of the 7

Courts, and the Children, Youth, and Families Department. 8

IT IS SO ORDERED. 9

WITNESS, the Honorable C. Shannon Bacon, Chief 10

Justice of the Supreme Court of the State of New Mexico, 11

and the seal of said Court this 18th day of April, 2023. 12