22-701. Informal adjudicative proceedings; checklist.
CERTIFIED COURT REPORTER AND COURT MONITOR
COMPLAINT PROCEDURE CHECKLIST
Rules 22-601 through 22-619 NMRA of the Rules Governing the Recording of Judicial Proceedings provide for all informal adjudicative proceedings to be conducted by the board. These include proceedings concerning discipline, fine, censure, suspension, revocation, denial or withholding renewal of a certificate of a certified court reporter or court monitor. (See Rule 22-605 NMRA, "Grounds for disciplinary action".)1
The following checklist applies when a complaint is filed against a certified court reporter.
A. Formal complaint received.
B. Board secretary or administrator acknowledges receipt of complaint to complainant and respondent in writing. Respondent is given fifteen (15) days from the receipt of the acknowledgment letter to respond.
C. Complaint and response are reviewed in executive session at the next meeting of the Board Governing the Recording of Judicial Proceedings.
D. If further action warranted, the board may submit written questions to the complainant or the respondent, or the board may appoint a subcommittee to investigate.
E. Investigative evidence is thereafter presented to the board.
F. If the board believes the complaint has merit, the complaint may be referred to the attorney general for action, and notice is given to respondent of the right of the respondent to a hearing before the board. Rule 22-607 NMRA, "Notice of hearings", sets out the necessary contents of any notices. See also, Rule 22-613 NMRA, "Rights of parties to hearing".
G. The respondent must respond in writing within twenty (20) days after the mailing of the notice in order to request a hearing by the board on the board's proposed action, if respondent desires such a hearing.
H. The board sets a date and time for hearing if respondent requests a hearing. The board prepares a notice of hearing. The notice of hearing is mailed by certified mail or personally served on the respondent. (See Rule 22-612 NMRA, "Service of notices of hearings" for method of service.) A copy of the notice must also be sent to the complainant.
No hearing conducted pursuant to Rule 22-613 NMRA shall be held less than fifteen (15) days from date of service of said notice, nor more than sixty (60) days from date of service, unless the hearing is continued by the board for good cause.
I. The board establishes whether any party desires a record of the hearing; if so, satisfactory arrangements must be made to pay the cost of such record prior to the commencement of the hearing.
J. The board establishes whether any of the parties desire a closed hearing. (See Rule 22-617 NMRA, "Hearings; public".)
K. A quorum of the board holds the evidentiary hearing in accordance with the notice. (Consult Rule 22-616 NMRA, "Conduct of hearings".) In the alternative, the board may designate a hearing officer. (See Rule 22-617 NMRA, "Hearings; public".)
L. The board must render its written decision within thirty (30) days after the conclusion of the hearing. A written decision may be delayed for good cause shown for a period not to exceed sixty (60) days. (See Rule 22-609 NMRA, "Decision and appeal".)
M. If delay is necessary, the board notifies respondent of the delay, the reason therefor and when a decision can be expected.
N. The decision must be mailed via certified mail within ten (10) days after it is executed by the board.
O. If discipline is indicated in the decision, the reporter or monitor may file a notice of appeal with the Supreme Court pursuant to Rule 22-609 NMRA within thirty (30) days after the date of mailing the decision and must serve copy of notice of appeal on the board.
P. After receipt of respondent's notice of appeal, the board must within thirty (30) days transmit a copy of the decision to the Supreme Court for its review.
The decision of the board shall become effective within sixty (60) days after the filing of the transcript with the court, unless the Supreme Court reverses the board's decision within such period.
1. If the matter concerns denial of a certificate, see Rule 22-604 NMRA, "Denial of certificate", for time limitations and the appeal process.
[Approved, effective November 1, 2001; as amended, effective February 16, 2004.]
