Download Updated Protocol in Criminal Cases for electronic submission of documents to Division V of the First Judicial District Court

Dear attorneys:

1. The criminal judges in the First Judicial District Court have established the following general protocols. These may change as appropriate and we will certainly advise you immediately of any changes.
   1. Attorneys may appear by phone and their clients need not be present in court for the following hearings, subject to the conditions stated:
      Attorneys must make an email request in writing to the Judge’s TCAA at least 24 hours in advance, which email must contain the telephone number at which the attorney can be reached. Attorneys must be available at least five minutes before the scheduled hearing and continue to be available until the attorney receives a telephone call from the Court.
   2. Status conference on competency evaluations. Attorneys may appear by phone, out-of-custody defendants need not appear in court, in-custody will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based on the availability of video.
   3. Presentment Hearings. Counsel may appear by phone.
   4. Probation Violation Arraignments. Attorneys may appear by phone. Defendants will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based upon the availability of video.
   5. Probation status conferences. Attorneys may appear by phone. Out-of-custody defendants need not appear in court. In-custody defendants will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based upon the availability of video.
   6. Arraignments. Attorneys may appear by phone, provided that there is a waiver signed by the defendant and conditions of release submitted to the court three days prior to arraignment. Arraignments will still be listed on the court’s docket and it is up to counsel to comply with this time deadline. These will be handled similar to presentment hearings in that the matter will be called to assure compliance and track the case. If there is not a waiver, then the state and defense counsel must appear, the out-of-custody defendant must appear, and the in-custody defendant must be transported. Transportation of an in-custody defendant is discouraged and defense attorneys are instructed to make all deliberate effort to comply with the time deadlines. The Court does not want in-custody or out-of custody defendants present in court simply because defense counsel was dilatory in getting the arraignment papers timely submitted.
   7. There are no longer Pretrial Conferences. They will stay on the court’s docket similar to arraignments and three days before the court’s docket, the attorneys must file a Certificate of Compliance that they have met and conferred, detailing the status of discovery and preparedness for trial. These will be handled similar to presentment hearings in that the matter will be called to assure compliance and track the case.
   8. Docket Calls. State and defense counsel may appear by phone. Out-of-custody defendants need not be present in court and in-custody will not be transported. If a continuance is requested, the temporary protocol is as follows: If the State is requesting a continuance then it will be held against the State. If Defendant is requesting a continuance then the Defendant must have a waiver of speedy trial rights signed by defendant submitted three days prior to Docket Call. If the parties are jointly a requesting a continuance it will be held neutral. If both parties wish to proceed to trial on that particular docket, the court will accommodate unless administrative necessity due to the coronavirus requires the court to set trial further out. If the parties dispute which side a continuance should be attributed to, it will be held neutrally, and the court will reconsider the matter at a later date upon a motion to reconsider.
   9. Release hearings under NMRA Rule 5-403. The rule entitles the defendant to be present. The court will not transport a defendant at the release hearing as a matter of course. Instead, counsel will confer before or at the scheduled hearing and with the court, determine whether the defendant may be released on conditions of release or an evidentiary hearing on the motion to revoke conditions of release is required. If a defendant wishes to assert his entitlement to be present at a release hearing, counsel must do a timely transport order.
   10. Release hearings under NMRA Rule 5-401. The court will not transport a defendant at the release hearing as a matter of course. Instead, counsel will confer before or at the scheduled hearing and with the court, determine defendant’s conditions of release.
2. Evidentiary hearings such as preventative detention hearings, competency evaluation challenges, probation violation evidentiary hearings, revocation of conditions of release evidentiary hearings, motions to suppress, etc. – counsel must be present, probation officers must be present, electronic monitoring must be present, expert witnesses must be present or counsel must motion the court for telephonic appearance, and defendant must be present and in-custody will be transported. Counsel for the State and Defendant are directed to timely confer prior to a hearing to see if a stipulation which negates the need for an evidentiary hearing can be accomplished.
3. When counsel and/or defendants appear in court the protocol is that all persons shall remain 6 feet apart. Therefore, the distance between counsel table and lecterns will be adjusted accordingly. Out-of-custody defendants will stay in the gallery and a microphone will be provided at the bannister. In-custody defendants will stay at the threshold leading into the courtroom from the secure area and a microphone will be set up for them.
4. There will be no pleas taken extemporaneously. No plea will be set without a signed plea agreement and a request for change of plea. These should be entered in proposed text to alert the court.
5. The Rio Arriba County Detention Center will have a video conference available Monday through Friday from 4:00 p.m. to 4:30 p.m. These are for attorney-client consultations. The Rio Arriba video for private defense counsel will be in Judge Marlowe Sommer’s conference room attached to her courtroom. There will need to be a schedule in place to accommodate counsel.
6. The Santa Fe County Detention Center will have a video conference available Monday through Friday from ______________________. These are for attorney-client consultations. The Santa Fe video for private defense counsel will be in Judge Ellington’s conference room attached to his courtroom. There will need to be a schedule in place to accommodate counsel.
7. Both the Rio Arriba County Detention Center and the Santa Fe County Detention Center will accommodate phone conferences between attorney and client on a daily basis.
8. Grand juries that have already convened are suspended, until the District Attorney’s office submits a Petition to reconvene. The convening of further grand juries will be determined by the Court upon petition by the District Attorney.

Docket Calls for criminal cases involving defendants represented by attorneys employed by the Law Office of the Public Defender will be called at 8:00 a.m.

Docket Calls for criminal cases involving defendants represented by private defense attorneys or attorneys contracting with the Law Office of the Public Defender will be called at 10:00 a.m.

To avoid delay or the rescheduling of your hearing, you must notify the TCAA at 455-8290 or 455-8325 within 5 days of your scheduled hearing that an interpreter is needed.

In the event of a two-hour delay or court closure due to adverse weather, all matters scheduled in the delay period will be vacated and rescheduled by the Court.