§ RULE 1-053.2. DOMESTIC RELATIONS HEARING OFFICERS; DUTIES

RULE 1-053.2. DOMESTIC RELATIONS HEARING OFFICERS; DUTIES

A. Appointment. Domestic relations hearing officers 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 relations hearing officers may perform such duties as assigned by the judges of the district in domestic relations proceedings.

B. Qualifications. Any person appointed to serve as a domestic relations hearing officer shall have the same qualifications as provided in Section 40-4B-4 NMSA 1978 for a child support hearing officer.

C. Duties. A domestic relations hearing officer may perform the following duties in domestic relations proceedings:

(1) review petitions for indigency;

(2) conduct hearings on all petitions and motions, both before and after entry of the decree;

(3) in a child support enforcement division case, carry out the statutory duties of a child support hearing officer;

(4) carry out the statutory duties of a domestic violence special commissioner and utilize the procedures as set forth in Rule 1-053.1 NMRA;

(5) assist the court in carrying out the purposes of the Domestic Relations Mediation Act; and

(6) prepare recommendations for review and final approval by the court.

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

E. Authority. The domestic relations hearing officer's recommendations shall not become effective until reviewed and adopted as an order of the court.

F. Recommendations. Within thirty (30) days after the conclusion of the proceedings, the domestic relations hearing officer shall file and submit to the court for review and approval the hearing officer'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 relations hearing officer's recommendations. Objections must identify the specific portions of the hearing officer'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 relations hearing officer:

(1) Review of recommendations.

(a) The court shall review the recommendations of the domestic relations hearing officer and determine whether to adopt the recommendations.

(b) If a 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 relations hearing officer 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. Child Support Hearing Officer Act. The court and child support hearing officers acting pursuant to the Child Support Hearing Officer Act (Sections 40-4B-1 through 40-4B-10 NMSA 1978) and domestic relations hearing officers acting pursuant to Subparagraph (3) of Paragraph C of Rule 1-053.2 NMRA shall comply with this rule notwithstanding any contrary provision of the Child Support Hearing Officer Act.

J. Limitations on Private Practice. Full-time domestic relations hearing officers shall devote full time to domestic relations matters 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 relations hearing officers 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 relations hearing officer and subject to the Code of Judicial Conduct rules enumerated in Paragraph K of this rule.

K. Code of Judicial Conduct. A domestic relations hearing officer is required to conform to Rules 21-100 through 21-500 NMRA and 21-700 NMRA of the Code of Judicial Conduct.