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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO March 18, 2020 NO. 20-8500-004 IN THE MATTER OF TEMPORARY CASE MANGEMENT PROTOCOLS FOR CHILDREN’S COURT CASES IN THE NEW MEXICO JUDICIARY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY ORDER WHEREAS, this matter having come before the Court upon recommendation to allow district courts to adopt case management protocols used by the Children’s Court Division in the Second Judicial District Court during the current COVID-19 public health emergency, and the Court having considered the recommendation and being sufficiently advised, Chief Justice Judith K. Nakamura, Justice Barbara J. Vigil, Justice Michael E. Vigil, Justice C. Shannon Bacon, and Justice David K. Thomson concurring; NOW, THEREFORE, IT IS ORDERED that the district court in each judicial district shall be authorized to implement case management protocols consistent with those used by the Children’s Court Division in the Second Judicial District Court, a copy of which is attached to this order, provided that each judicial district shall have discretion with regard to the following matters: 1. Each judicial district shall have the discretion to decide whether to authorize telephonic or audio-visual attendance for court appearances by attorneys, Page 1 of 2


  1. 1  litigants, and witnesses and whether to require the filing of motions and orders to

  2. 2  authorize remote appearances. Any Children’s Court Rules that may require the

  3. 3  presence of a party or witness in court may be accomplished through remote

  4. 4  telephonic or audio-visual appearance, provided that a means of confidential

  5. 5  communication between a party and the party’s counsel is made available and

  6. 6  subject to the discretion of the judge to require a child over the age of 14 or any

  7. 7  other party or witness to appear in person as warranted on a case-by-case basis;

  8. 8  and

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  1. 10  2. Each judicial district shall have the discretion to adopt temporary

  2. 11  local procedures for accepting filings by email from attorneys in proceedings

  3. 12  arising under the Children’s Court Rules. Applicable provisions in the Children’s

  4. 13  Court Rules addressing the filing of documents in children’s court proceedings by

  5. 14  email are temporarily suspended to the extent necessary to accommodate local

  6. 15  procedures adopted by courts under the terms of this order for filing pleadings,

  7. 16  orders, and other documents by email during the current public health emergency;

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  1. 18  IT IS FURTHER ORDERED that case management protocols implemented

  2. 19  by a judicial district under the terms of this order for children’s court cases shall

  3. 20  otherwise comply with all precautionary measures required by Supreme Court

  4. 21  Administrative Order No. 20-8500-002 filed on March 17, 2020; and

  5. 22  IT IS FURTHER ORDERED that this order shall remain in effect until

  6. 23  amended or withdrawn by future order of the Court.

  7. 24  IT IS SO ORDERED. WITNESS, the Honorable Judith K. Nakamura, Chief Justice of the Supreme Court of the State of New Mexico, and the seal of said Court this 18th day of March, 2020.

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