Public health orders restricting some businesses and public gatherings are slowly being lifted, but the New Mexico Supreme Court’s restrictions on eviction proceedings and limitations on civil cases in general are still in place. State Supreme Court Justice Shannon Bacon said she expects an increase of civil cases once courts are fully functioning.
“What we’re anticipating with the health pandemic and the downturn of the economy and a really high unemployment rate are issues that really raise their head in the same way they did in 2008 and 2009 with the recession,” Bacon said. “So we’re reaching back in time to our experience then and trying to anticipate better what’s going to happen now.”
Bacon, the Supreme Court liaison to the New Mexico Commission on Access to Justice, wants the public to know that even with limited financial resources, people can find legal help for civil cases. Unlike criminal cases, defendants in civil suits are not automatically afforded a lawyer.
While she said she doesn’t know when the Supreme Court will lift the stay on eviction proceedings, she is encouraging tenants anticipating or worried about the future of their housing to be proactive. She said she hopes tenants and landlords can come up with a “creative” solution to work out rent payment problems. But, Bacon said, if tenants are taken to court over rent issues, they may want to consider legal help.
“I think it is a reasonable thing for folks, that if they believe that they’re going to be in a position to fight to keep their residence, that talking to a lawyer is a good idea,” Bacon said.
New Mexico Chief Justice Judith Nakamura on Monday pushed lawmakers on the Senate Judiciary Committee for more funding for new judge positions and beefed-up security in courts across the state. The committee is not directly involved in crafting the state budget, but Nakamura and Arthur Pepin, director of the Administrative Office of the Courts, discussed what they argued is a need for $1.53 million to hire more judges, including one in the First Judicial District Court in Santa Fe, and more than $2.7 million to bolster court security in a state where only two of 47 Magistrate Courts have armed security guards. “Courts tend sometimes to be fairly volatile places, so ensuring that those who work in the courts as well as those who use the courts remains one of our highest priorities,” Nakamura said after the hearing. “Police departments, sheriff’s departments, are themselves strapped for resources, or districts are so large they’re off patrolling other areas,” she continued. “And we do have some courthouses where there isn’t security neatly available for a variety of reasons, [or] their call button doesn’t go to the closest sheriff’s department but one that could be a hundred miles away.
A judge nearly threw the case out and a lawyer made a witness cry on the seventh day of trial in a whistleblower lawsuit against the University of New Mexico Hospital. Former UNM medical resident Dr. Cynthia Herald alleges UNMH officials unlawfully dismissed her from the residency program after she reported a colleague raped her. Update: The two sides reached a settlement.
After almost a full day of routine testimony, the judge came close to declaring a mistrial and had sharp words for Randi McGinn, one of Herald’s lawyers, over her comments to a witness outside the courtroom. Toward the end of the day’s proceedings, Dr. Sally Vender, an anesthesiologist, testified on behalf of UNMH. Vender described her friendship with Herald, which started when they were both first-year medical interns.
On the second day of a whistleblower trial against the state’s flagship university, the dean of the University of New Mexico’s medical school took the stand to testify concerning allegations that the hospital discriminated against a woman who says she was unlawfully fired after telling her superiors a fellow medical student raped her. UNM School of Medicine Dean Dr. Paul Roth testified that he does not remember being told resident Dr. Cynthia Herald reported the attack. When asked by Herald’s attorney Lisa Curtis if he would normally want to be notified of such an instance, Roth answered with two simple words. “Very likely,” Roth said. Previously: Whistleblower suit against UNM over rape allegation begins
Roth also confirmed to Curtis that, previously in his career, he reprimanded someone for sexual misconduct that happened off campus and during off hours.
A trial involving the University of New Mexico and its medical facility began Monday with jury selection. But after a decision from a district judge and a high ranking court official, no one from the public, including media, was allowed to witness the process of how or why each side selected or rejected jurors. The case goes back to 2011 when Dr. Cynthia Herald filed a lawsuit against UNM Hospital and some of its administrators for firing Herald after she said a male doctor raped her. Herald and the male doctor were both residents at UNM at the time, but Herald was dismissed from the program shortly after she reported the rape to her superiors. UNMH has maintained from the beginning they kicked Herald out of the residency program for subsequent drug use while on the job as an anesthesiologist.