HOUSE MEMORIAL 34

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Pamelya Herndon

 

 

 

 

 

A MEMORIAL

REQUESTING THE SUPREME COURT TO CONVENE A TASK FORCE TO STUDY THE GAPS IN LEGAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE AND TO MAKE RECOMMENDATIONS FOR THE DESIGN AND IMPLEMENTATION OF COST-EFFECTIVE LEGAL PROGRAMS TO ADDRESS THOSE GAPS.

 

     WHEREAS, the center for court innovation has found that providing a combination of resources to victims of domestic violence, from full legal representation and limited-scope legal services to non-legal advice and assistance, is most effective in meeting the wide array of domestic violence victims' needs; and

     WHEREAS, the United States department of justice's office of justice programs has found that a victim of domestic violence who is able to obtain a permanent protection order is eighty percent less likely to be a victim of a future instance of domestic violence; and

     WHEREAS, access to targeted legal services increases a victim's ability to obtain permanent protection orders; and

     WHEREAS, the center for court innovation has determined that legal support at various key stages of a court case, including for post-issuance modification and enforcement of orders, can make a tremendous difference in the ultimate outcome of family court cases involving domestic violence; and

     WHEREAS, a cross-system collaboration among many stakeholders, judicial officers, court personnel, community-based attorneys and advocates and culturally specific community-based organizations is most effective in designing programs that meet the legal needs of specific communities; and

     WHEREAS, in order to reduce domestic violence across the state, it is key to identify gaps in systems designed to protect victims of domestic violence;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the supreme court be requested to convene a statewide task force to:

          A. assess the current legal services available to victims of domestic violence in New Mexico;

          B. identify gaps in the available services, especially for victims of domestic violence who are indigent; and

          C. make recommendations for the design and implementation of cost-effective legal programs to address those gaps; and

     BE IT FURTHER RESOLVED that the statewide task force be composed of a diverse group of members that includes a member from:

          A. the New Mexico coalition against domestic violence;

          B. New Mexico legal aid;

          C. the supreme court's access to justice commission;

          D. enlace comunitario;

          E. the university of New Mexico school of law;

          F. the house of representatives;

          G. the senate;

          H. a rural area who is a family court judge; and

          I. a city with a population greater than fifty thousand people who is a family court judge; and

     BE IT FURTHER RESOLVED that the task force be requested to submit a report of the task force's findings and recommendations to the interim committee dealing with courts, corrections and justice issues and the governor by November 1, 2025; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico coalition against domestic violence, New Mexico legal aid, the supreme court, enlace comunitario, the university of New Mexico school of law and the state bar of New Mexico.

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