First Judicial District Court
Division V Schedule
Honorable Jason Lidyard
Last Updated: 1/14/2022
Pursuant to the New Mexico Supreme Court Order No. 21-8500-015 effective July 19, 2021, the following types of hearings will be conducted in person, absent a court order requiring remote proceedings:
1) Pretrial Detention, or Dangerousness Hearings 2) Preliminary Examinations or Preliminary Hearings, 3) Competency Evidentiary hearings, 4) Pleas (only for current case, no PV in-custody pleas), 5) Sentencing (only for current case, no PV in-custody pleas), 6) Bench Trials (lower court appeals and jury trials that turn into bench trials), 7) Probation Violation (evidentiary hearings only for out of custody and jail time sought – No Status – In custody do not come for status, evidentiary hearings, pleas or sentencing). Parties may request in person and such requests are subject to approval of the presiding judge and the chief judge.
NOTICE ON REMOTE ACCESS TO COURT PROCEEDINGS
For Telephone call-in by all parties dial 1-651-504-5687 and enter the corresponding pin 492 868 159#
If you would like to appear by video: https://meet.google.com/bjm-kjbo-xfy
The criminal judges in the First Judicial District Court have established the following general protocols. These may change as appropriate and we will certainly advise you immediately of any changes.
- Attorneys may appear by phone and their clients need not be present in court for the following hearings, subject to the conditions stated:
- Attorneys must make an email request in writing to the Judge’s TCAA at least 24 hours in advance, which email must contain the telephone number at which the attorney can be reached. Attorneys must be available at least five minutes before the scheduled hearing and continue to be available until the attorney receives a telephone call from the Court.
- Status conference on competency evaluations. Attorneys may appear by phone, out-of-custody defendants need not appear in court, in-custody will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based on the availability of video.
- Presentment Hearings. Counsel may appear by phone.
- Probation Violation Arraignments. Attorneys may appear by phone. Defendants will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based upon the availability of video.
- Probation status conferences. Attorneys may appear by phone. Out-of-custody defendants need not appear in court. In-custody defendants will continue to appear via video in Judge Marlowe Sommer’s courtroom. Judge Ellington will be doing video now. Judge Lidyard will make a determination based upon the availability of video.
- Arraignments. Attorneys may appear by phone, provided that there is a waiver signed by the defendant and conditions of release submitted to the court three days prior to arraignment. Arraignments will still be listed on the court’s docket and it is up to counsel to comply with this time deadline. These will be handled similar to presentment hearings in that the matter will be called to assure compliance and track the case. If there is not a waiver, then the state and defense counsel must appear, the out-of-custody defendant must appear, and the in-custody defendant must be transported. Transportation of an in-custody defendant is discouraged and defense attorneys are instructed to make all deliberate effort to comply with the time deadlines. The Court does not want in-custody or out-of custody defendants present in court simply because defense counsel was dilatory in getting the arraignment papers timely submitted.
- There are no longer Pretrial Conferences. They will stay on the court’s docket similar to arraignments and three days before the court’s docket, the attorneys must file a Certificate of Compliance that they have met and conferred, detailing the status of discovery and preparedness for trial. These will be handled similar to presentment hearings in that the matter will be called to assure compliance and track the case.
- Docket Calls. State and defense counsel may appear by phone. Out-of-custody defendants need not be present in court and in-custody will not be transported. If a continuance is requested, the temporary protocol is as follows: If the State is requesting a continuance then it will be held against the State. If Defendant is requesting a continuance then the Defendant must have a waiver of speedy trial rights signed by defendant submitted three days prior to Docket Call. If the parties are jointly a requesting a continuance it will be held neutral. If both parties wish to proceed to trial on that particular docket, the court will accommodate unless administrative necessity due to the coronavirus requires the court to set trial further out. If the parties dispute which side a continuance should be attributed to, it will be held neutrally, and the court will reconsider the matter at a later date upon a motion to reconsider.
- Release hearings under NMRA Rule 5-403. The rule entitles the defendant to be present. The court will not transport a defendant at the release hearing as a matter of course. Instead, counsel will confer before or at the scheduled hearing and with the court, determine whether the defendant may be released on conditions of release or an evidentiary hearing on the motion to revoke conditions of release is required. If a defendant wishes to assert his entitlement to be present at a release hearing, counsel must do a timely transport order.
- Release hearings under NMRA Rule 5-401. The court will not transport a defendant at the release hearing as a matter of course. Instead, counsel will confer before or at the scheduled hearing and with the court, determine defendant’s conditions of release.
- Evidentiary hearings such as preventative detention hearings, competency evaluation challenges, probation violation evidentiary hearings, revocation of conditions of release evidentiary hearings, motions to suppress, etc. – counsel must be present, probation officers must be present, electronic monitoring must be present, expert witnesses must be present or counsel must motion the court for telephonic appearance, and defendant must be present and in-custody will be transported. Counsel for the State and Defendant are directed to timely confer prior to a hearing to see if a stipulation which negates the need for an evidentiary hearing can be accomplished.
- When counsel and/or defendants appear in court the protocol is that all persons shall remain 6 feet apart. Therefore, the distance between counsel table and lecterns will be adjusted accordingly. Out-of-custody defendants will stay in the gallery and a microphone will be provided at the bannister. In-custody defendants will stay at the threshold leading into the courtroom from the secure area and a microphone will be set up for them.
- There will be no pleas taken extemporaneously. No plea will be set without a signed plea agreement and a request for change of plea. These should be entered in proposed text to alert the court.
- The Rio Arriba County Detention Center will have a video conference available Monday through Friday from 4:00 p.m. to 4:30 p.m. These are for attorney-client consultations. The Rio Arriba video for private defense counsel will be in Judge Marlowe Sommer’s conference room attached to her courtroom. There will need to be a schedule in place to accommodate counsel.
- The Santa Fe County Detention Center will have a video conference available Monday through Friday from ______________________. These are for attorney-client consultations. The Santa Fe video for private defense counsel will be in Judge Ellington’s conference room attached to his courtroom. There will need to be a schedule in place to accommodate counsel.
- Both the Rio Arriba County Detention Center and the Santa Fe County Detention Center will accommodate phone conferences between attorney and client on a daily basis.
- Grand juries that have already convened are suspended, until the District Attorney’s office submits a Petition to reconvene. The convening of further grand juries will be determined by the Court upon petition by the District Attorney.
To avoid delay or the rescheduling of your hearing, you must notify the TCAA at 455-8290 or 455-8325 within 5 days of your scheduled hearing that an interpreter is needed.
Weather Delay & Closures
In the event of a two-hour delay or court closure due to adverse weather, all matters scheduled in the delay period will be vacated and rescheduled by the Court.
01/14/2022 Judge Jason Lidyard
2:00 PM In The Matter Of Larry Herrera
MOTION HEARING Probate Informal, No Will
Comment: Motion to Remove Personal Representative
Petitioner: HERREERA, ISDORO Atty: Pro Se
2:30 PM D-132-CV-2019-00128 Sandra J Partridge
Brandon Delacruz, et. al.
MOTION HEARING Tort
Comment: Plaintiff’s Motion for Summary Judgment on Defendants’ Counterclaim for Indemnity and Breach of Contract
Plaintiff Partridge, Sandra J Atty: Ellis, James C.
Defendant Delacruz, Brandon; Mountain Capital Partners LLC; Pajarito Recreation LP Atty: Mcclaugherty, Joe L.
01/19/2022 Judge Jason Lidyard
8:00 AM D-117-CV-2021-00441 In the Matter of C.R.
HEARING Miscellaneous Civil
Comment: Petition for Transfer of Structured Settlement Payment Rights
Plaintiff Wentworth Originations LLC R, C Atty: Sutherland, C. William
1:30 PM D-132-CR-2021-00007 State of New Mexico
FARON MADRID Pros Atty: McCleary, Mary
First Appearance Def Atty:
2:00 PM D-117-CV-2021-00415 IRIS A SEMINARIO
TEMPORARY RESTRAINING ORDER HEARING Miscellaneous Civil
Comment: hearing continued from January 12, 2022
Plaintiff SEMINARIO, IRIS A Atty: Pro Se
Defendant Estrada, Geraldine Atty: Aragon, Marlo
01/20/2022 Judge Jason Lidyard
8:00 AM D-117-CR-2019-00076 State of New Mexico
KEVIN GALLEGOS Pros Atty: Wood, B.Douglas, III
STATUS HEARING/ CONFERENCE Def Atty: Plummer, James S.
8:15 AM D-117-CR-2021-00064 State of New Mexico
Markeeta Monique Trujillo Pros Atty: Khalsa, Dev Atma S.
STATUS HEARING/ CONFERENCE Def Atty: Hay, Edward Craig, Iii
8:30 AM D-117-CR-2021-00001 State of New Mexico
Mario Valdez Pros Atty: Ralph, Rebecca Ann
ARRAIGNMENT Def Atty: Reymore-cloud, Ashley H.
8:45 AM D-117-PD-2021-00025 State of New Mexico
Christopher Edmonds Pros Atty: Wahlquist, Kent
STATUS HEARING/ CONFERENCE Def Atty: Ruyle, Sam P.
8:45 AM D-117-CR-2018-00064 State of New Mexico
Christopher Edmonds Pros Atty: Tager, Geoffrey
STATUS HEARING/ CONFERENCE Def Atty: Mnuk-herrmann, Rebecca
Comment: custody in TA
01/21/2022 Judge Jason Lidyard
8:00 AM D-117-CV-2021-00196 Eric Tafoya
City of Espanola
HEARING Civil Administrative Appeal – Plaintiff Appellant
Comment: Ruling Hearing
Plaintiff Tafoya, Eric Atty: Thompkins, Nathaniel V.
Defendant City of Espanola City of Espanola Atty: Long, Nancy R.
8:30 AM D-117-CV-2021-00437 Michael Palmer, et. al.,
Angela M Locke
TEMPORARY RESTRAINING ORDER HEARING Real Estate
Plaintiff Martinez Palmer, Linda; Palmer, Michael Atty: Kinzer-ellington, Kathrin M.
Defendant Locke, Angela M Atty: Crowley, Clayton E.