§ RULE 1-053.1. DOMESTIC VIOLENCE SPECIAL COMMISSIONERS; DUTIES

RULE 1-053.1. DOMESTIC VIOLENCE SPECIAL COMMISSIONERS; DUTIES

A. Appointment. Domestic violence special commissioners shall be at-will positions subject to the New Mexico judicial branch policies for at-will employees. Consistent with the authority set forth in this rule, domestic violence special commissioners may perform such duties as assigned by the chief judge of the district in domestic violence proceedings.

B. Qualifications. Any person appointed to serve as a special commissioner pursuant to this rule shall:

(1) be a lawyer licensed to practice law in New Mexico and who has at least three (3) years of experience in the practice of law; and

(2) be knowledgeable in the area of domestic relations and domestic violence matters.

C. Duties. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act:

(1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection;

(2) if deemed necessary, interview petitioners, provided that any interview shall be on the record;

(3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify or terminate orders of protection; and

(4) prepare recommendations, in the form, if any, approved by the Supreme Court, for review and final approval by the court regarding petitions for orders of protection and motions to enforce, modify or terminate orders of protection.

D. Removal. Upon motion of any party for good cause shown, or on the court's own motion, the court may remove the domestic violence special commissioner from acting in a proceeding.

E. Authority. The domestic violence special commissioner's recommendations shall not become effective until reviewed and adopted as an order of the court.

F. Recommendations.

(1) Recommendations concerning ex parte orders. After conducting the necessary review, the domestic violence special commissioner shall promptly submit to the court recommendations concerning the entry of an ex parte temporary order of protection. The court shall review the recommendations and shall determine whether to enter an order consistent with the recommendations, to enter a different order, to request the commissioner to conduct further proceedings or to request the commissioner to make additional findings and conclusions. Unless otherwise ordered by the court, an ex parte order of protection signed by the court shall remain in effect, in accordance with the provisions of Section 40-13-4 NMSA 1978, until the court enters a final order ruling on the petition for an order of protection.

(2) Recommendations. At the conclusion of the proceedings, the domestic violence special commissioner shall submit to the court for review and approval the commissioner's recommendations, including proposed findings and conclusions, and shall serve each of the parties with a copy together with a notice that specific objections may be filed within ten (10) days after service of the recommendations.

G. Objections. Any party may file timely objections to the domestic violence special commissioner's recommendations. Objections must identify the specific portions of the commissioner's recommendations to which the party objects. The party filing objections shall promptly serve them on other parties.

H. District Court Proceedings. After receipt of the recommendations of the domestic violence special commissioner:

(1) Review of recommendations.

(a) The court shall review the recommendations of the domestic violence special commissioner and determine whether to adopt the recommendations.

(b) If the party files timely, specific objections to the recommendations, the court shall conduct a hearing appropriate and sufficient to resolve the objections. The hearing shall consist of a review of the record unless the court determines that additional evidence will aid in the resolution of the objections.

(d) The court may adopt the recommendations, modify them, reject them in whole or in part, receive further evidence, or may recommit them to the domestic violence special commissioner with instructions.

(2) Findings and conclusions; entry of final order. After the hearing, the court shall enter a final order. When required by Rule 1-052 NMRA, the court also shall enter findings and conclusions.

I. Limitations on Private Practice. Full-time domestic violence special commissioners shall devote full time to their duties under the Family Violence Protection Act and shall not engage in the private practice of law or in any employment, occupation or business interfering with or inconsistent with the discharge of their duties. Part-time domestic violence special commissioners may engage in the private practice of law so long as in the discretion of the appointing judge it does not interfere with nor is inconsistent with the discharge of their duties as a domestic violence special commissioner and subject to the Code of Judicial Conduct rules enumerated in Paragraph J of this rule.

J. Code of Judicial Conduct. A domestic violence special commissioner is required to conform to Rules 21-100 through 21-500 NMRA and 21-700 NMRA of the Code of Judicial Conduct.