Table of Contents Notices .................................................................................................................................................................5 USPS Statement of Ownership, Management and Circulation........................................................6 Emergency Rental Assistance Program.....................................................................................................7 New Mexico Medical Review Commission: Earn CLE Credits on Panel..........................................8 State Bar of New Mexico Legal Specialization: Apply for Family Law............................................8 Defenders in Recovery: Recovery Meeting Available to All Legal Professionals........................9 Calendar of Legal Education...................................................................................................................... 10 Court of Appeals Opinions List.................................................................................................................. 12 Clerk's Certificates.......................................................................................................................................... 13 From the New Mexico Supreme Court 2020-NMSC-010: Peavy v. Skilled Healthcare Group Inc.........................................................15 2020-NMSC-011: State v. Sena..........................................................................................................20 Advertising....................................................................................................................................................... 27
Meetings October 13 Children’s Law Section Board Noon, Children’s Court, Albuquerque 13 Tax Section Board 9 a.m., teleconference 14 Business Law Section Board 4 p.m., teleconference 15 Family Law Section Board 9 a.m., teleconference 19 Solo and Small Firm Section Board 10:30 a.m., State Bar Center 21 Public Law Section Board Noon, Legislative Finance Committee, Santa Fe
Workshops and Legal Clinics October 27 Consumer Debt/Bankruptcy Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6094
November 3 Divorce Options Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6022
December 1 Divorce Options Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6022 8 Consumer Debt/Bankruptcy Workshop 6-8 p.m., Video Conference For more details and to register, call 505-797-6094
State Bar of New Mexico Est. 1886
Officers, Board of Bar Commissioners Carla C. Martinez , President Carolyn A. Wolf, President-elect Benjamin I. Sherman , Secretary Treasurer Ernestina R. Cruz, Immediate Past President Board of Editors Gabrielle Dorian Michael Eshleman James Kalm Matthew Ramirez
Gregory B. Dawkins Debora K. Gerads Anne E. Minard Constance Tatham
State Bar Staff Executive Director Richard Spinello Director of Communications and Member Services, Evann Laird Graphic Designer Julie Sandoval jsandoval@sbnm.org Account Executive Marcia C. Ulibarri 505-797-6058 • mulibarri@sbnm.org Communications Coordinator Cassandra Scott 505-797-6040 • notices@sbnm.org ©2021, State Bar of New Mexico. No part of this publication may be reprinted or otherwise reproduced without the publisher’s written permission. The Bar Bulletin has the authority to edit letters and materials submitted for publication. Publishing and editorial decisions are based on the quality of writing, the timeliness of the article, and the potential interest to readers. Appearance of an article, editorial, feature, column, advertisement or photograph in the Bar Bulletin does not constitute an endorsement by the Bar Bulletin or the State Bar of New Mexico. The views expressed are those of the authors, who are solely responsible for the accuracy of their citations and quotations. State Bar members receive the Bar Bulletin as part of their annual dues. The Bar Bulletin is available at the subscription rate of $125 per year and is available online at www.sbnm.org. The Bar Bulletin (ISSN 1062-6611) is published twice a month by the State Bar of New Mexico, 5121 Masthead NE, Albuquerque, NM 87109-4367. Periodicals postage paid at Albuquerque, NM. Postmaster: Send address changes to Bar Bulletin, PO Box 92860, Albuquerque, NM 87199-2860. 505-797-6000 • 800-876-6227 Fax: 505-828-3765 • address@sbnm.org
About Cover Image and Artist: Cassie Scott, born and raised in Tijeras, N.M., purchased her first digital camera while in high school in preparation for earning her degree in Media Arts at UNM. Throughout college, Scott dabbled in portrait photography after she realized that landscape photography was not her strong suit, nor did it interest her at the time. By the time Scott graduated had college, she decided that she would take her hobby more seriously and thus officially founded Cassie Scott Captures, LLC, in 2019. Scott, who works full-time as the communications coordinator for the State Bar of New Mexico, does portrait and wedding photography on weekends as her “side hustle”. When on trips out of state, Scott started the habit of bringing her camera along to photograph the stunning landscapes and applying her knowledge of editing and composition to discover that landscape photography may be just as rewarding and beautiful as portraitures. 4
Bar Bulletin - October 13, 2021 - Volume 60, No. 19
October 13, 2021 • Vol. 60, No. 19 www.sbnm.org
