SENATE MEMORIAL 84

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Jacob R. Candelaria

A MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS AND THE JUDICIAL EDUCATION CENTER TO STUDY AND REPORT ON ADMINISTRATIVE LAW JUDGE EDUCATIONAL NEEDS, RESOURCES AND BEST PRACTICES.

     WHEREAS, administrative law judges in New Mexico discharge important responsibilities in the application of law to facts and the conduct of proceedings involving parties with substantial interests in the proper outcome of matters involving money, property and liberty; and

     WHEREAS, numerous executive branch agencies and independent regulatory agencies in New Mexico employ administrative law judges to conduct proceedings that have legal significance and depend on administrative law judges to conduct those proceedings in a proper manner to reach the appropriate outcome; and

     WHEREAS, New Mexico would benefit from an effective means of training administrative law judges in best practices concerning the conduct of proceedings, the application of law to facts, the determination of facts in contested proceedings and the effect of substantive bodies of law on executive branch agency decisions; and

     WHEREAS, the judicial education center within the institute of public law at the university of New Mexico law school is directed by statute to offer training only to judges and court personnel employed by the judicial branch; and

     WHEREAS, the judicial education center has expertise in assessing best practices in training and educating judges that would be valuable in determining the proper means of training administrative law judges employed by the executive branch and independent regulatory agencies; and

     WHEREAS, the administrative office of the courts has expertise in assessing best practices in the training of judges in state and tribal courts and has a working relationship with the judicial education center that enables both the administrative office of the courts and the judicial education center to cooperate in research projects affecting judicial training; and

     WHEREAS, to determine administrative law judge education and training requirements, a study and assessment by the judicial education center and administrative office of the courts of needs, resources and options for such education and training and a report of recommendations would be beneficial;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the administrative office of the courts and judicial education center be requested to study administrative law judge educational needs, resources and best practices during the legislative interim; and

     BE IT FURTHER RESOLVED that the administrative office of the courts and the judicial education center include representatives of administrative law judges employed in the executive branch and independent regulatory agencies in discussions during preparation of the administrative law judge study; and

     BE IT FURTHER RESOLVED that the administrative office of the courts and the judicial education center present the administrative law judge study and requests for legislation to address administrative law judge education to the interim committee dealing with courts, corrections and justice issues by October 1, 2019; and

     BE IT FURTHER RESOLVED that the administrative law judge study be shared with the governor, for transmission to executive branch agencies employing or contracting for the use of administrative law judges, and with independent regulatory agency directors employing or otherwise using administrative law judges; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the director of the administrative office of the courts, the director of the judicial education center and the co-chairs of the New Mexico legislative council.

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