JAMES A . PARKER 

JUDGE 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW MEXICO 

POST OFFICE Box 566 

ALBUQUERQUE. NEW MEXICO 87103 

May 27, 1997 

TO: Members, Civil Justice Reform act Advisory Group 

Honorable Lorenzo F. Garcia 

John J. Kelly, U.S. Attorney 

Esteban A. Aguilar, Esq. 

Kenneth L. Harrigan, Esq. 

Judith C. Herrera, Esq. 

Arturo L. Jaramillo, Esq. 

Thomas A. Sandenaw, Esq. 

Peter Schoenburg, Esq. 

Andrew G. Schultz, Esq. 

Luis G. Stelzner, Esq. 

Terry M. Word, Esq. 

Robert M. March, Clerk of Court 

RE: 1996 CJRA Assessment Report 

The 1996 Annual Assessment of the Condition of the Court's Civil and Criminal Dockets 

has been completed and as a contributor to the report and a member of the Civil Justice Reform 

Act Advisory Committee, I enclose a copy for your records. 

Your efforts as a member of the CJRA Advisory Committee are most appreciated. Thank 

you for your time and assistance. 

Enclosure 

cc w/enc: Donna Stienstra, FJC Research Division 

Abel Mattos, Court Administration Policy Staff 

Robert L. Hoecker, Circuit Executive-10th Circuit 
1996 Annual Assessment of the 

Condition of the Court's Civil and Criminal Dockets 

United States District Court 

for the 

District of New Mexico 

Prepared in accordance with the 

Civil Justice Reform Act of 1990 

Honorable James A. Parker, Chairman 

Jesse Casaus, Reporter 
Table of Contents 

Background ................................................ 1 

Statistical Overview .......................................... 1 

Review of Previous Assessment Recommendations 

Increase the number of Article III and magistrate judges .............. 8 

The district should plan for a sufficient number of courtrooms as Article III and magistrate judges are added .............. 9 

Application of case management procedures should be 

flexible and more individualized . ........................... 9 

The district judges should be apprised of the bar's perception of delay in ruling on dispositive motions . ...... .... ..... . 9 

Magistrate judges review discovery plans to curb discovery abuse ................... .... ................. . 9 

Use of early, firm trial settings, to the extent practicable ............. 10 

To maximize effectiveness, the status conference with a 

district judge should not be scheduled too soon after 

the Rule 1 6 case management conference .................... 1 0 

Use magistrate judges to preside over trials ...................... 10 

Monitor the effect on magistrate judge workloads of increases in magistrate judge civil consent cases ................ 1 0 

Magistrate judges should each have two law clerks ........... ... .. 11 

Acceptance of binding plea bargains and stipulations ............... 11 

Open file policy ......................................... 11 

Improvement of the management of the criminal caseload 

in Las Cruces .............................. ....... ... 11 

The chief judge should address the members of the 

bar at the annual bar convention .... . ..................... 1 2 

General Conclusions ......................................... 1 2 

Recommendations ........................................... 1 4 
I. BACKGROUND 

In accordance with 28 U.S.C. 478, on February 28, 1991, the U. S. District Court 

for the District of New Mexico appointed an Advisory Group to comply with the 

provisions of the Civil Justice Reform Act of 1990. The Advisory Group submitted its 

initial report in November 1992. The Court, pursuant to Section 472(a) of Title 28 

of the United States Code and the recommendations of the Advisory Group, on 

January 1, 1993, adopted its Civil Justice Expense and Delay Reduction Plan. On 

September 28, 1995, the Advisory Group submitted its 1994 annual assessment of 

the court's civil and criminal dockets and made further recommendations to reduce 

cost and delay in the district. 

On August 7, 1 996, the second Advisory Group appointed under the Act 

submitted the 1995 annual assessment of the conditions of the court's dockets. The 

1995 assessment reflected that implementation of the Court's Expense and Delay 

Reduction Plan had resulted in the expeditious and orderly disposition of civil cases. 

The Advisory Group did not recommend significant amendments to the Plan but 

indicated that greater flexibility in the Plan's implementation would help achieve the 

goals of the Plan. The evaluation identified and made pertinent recommendations 

regarding several areas which the Court could consider for improvement. 

This 1996 and final evaluation under the Civil Justice Reform Act reviews the 

statistical update of the Court's civil and criminal filings, terminations and pending 

caseloads, total trials, ages and categories of terminated civil cases, number and 

percent of civil cases over three years old, total motions filed, ages of terminated and 

pending dispositive motions and total magistrate judge civil consent cases. This 1996 

annual assessment also comments on the recommendations made in the 1995 annual 

assessment and sets forth conclusions from the data with attendant recommendations. 

II. STATISTICAL OVERVIEW 

A. Overall Judicial Workload 

Table 1 reflects New Mexico's total case filings, terminations and pending 

caseloads for twelve month periods ending September 30 for the years 1991 through 

1996. The table reflects a 14.3 percent increase in total filings in 1996 compared to 

1995 and a 33.4 percent increase when compared to filings during 1991. The 

percentage increase from 1995 to 1996 reflected that New Mexico had the highest 

increase in total filings within the Tenth Circuit. 

District of New Mexico 1996 Assessment Page 1. 
Table 1 

Total Filings, Terminations, and Pending Cases 

Cases Filed Cases Terminated Cases Pending 

Year Ending 

September 30 % chg % chg % chg 

from from from 

'96 '96 '96 

1991 1,855 33% 1,751 32% 2,371 -5% 

1992 2,016 23% 2,079 11 % 2,308 -2% 

1993 2,198 13% 2,368 -2% 2,059 10% 

1994 2,200 12% 2,059 12% 2,148 5% 

1995 2,165 14% 1,999 16% 2,136 6% 

1996 2,474 2,313 2,258 

B. Actions Per Judgeship 

1 . Weighted Filings 

The Judicial Conference of the United States uses a system of case values based 

on measurement of judge time devoted to different types of cases to determine 

weighted filings. Graph 1 compares New Mexico with the national average of 

weighted filings for Statistical Years (SY) 1990 through 1996. For SY 1996, New 

Mexico attained a total of 651 weighted case filings per active judgeship, a 11.3% 

increase over the weighted case filings for 1995. The District of New Mexico ranked 

first in the Circuit and ninth in the nation in weighted filings. Furthermore, the graph 

shows that in 1996, New Mexico's weighted filings were 179 more filings than the 

national average of 472. The Judicial Conference of the United States has established 

500 weighted case filings as the appropriate number for each active judgeship. Graph 

1 demonstrates the urgent need for the additional Article III judgeships recommended 

for New Mexico, as is discussed more fully in this report. 

District of New Mexico 1996 Assessment Page 2. 
Graph 1 

National and District Comparisons 

Weighted Filings Per Active Judgeship* 

700 r----------------------------------. 

600 

500 

400 

300 

200 

100 

~~~--~~~~--~Y_~~~~~--~ 

All Districts (average) 427 

New Mexico 542 

386 

477 

*Statistical Year (year ending September 30) 

2. Trials Completed 

536 562 

419 

579 

1995 1996 

448 

585 

472 

651 

D AlI Districts (average) 

Graph 2 compares New Mexico with the national averages of trials completed per 

active judgeship for years 1991-1996. These statistics reflect that New Mexico has 

consistently been above the national average in the number of trials completed per 

active judgeship. In 1996, New Mexico's 45 trials per judgeship were 1.6 times 

greater than the national average of 27 trials. New Mexico ranked first in the Circuit 

and seventh in the nation as to trials completed per judgeship. 

Graph 2 

National and District Comparisons 

Trials Completed Per Active Judgeship* 

70 r----------------------------------. 

60 

50 

40 

30 

20 

10 

~r_ ~r_~~r_~~r_~~r_~~ 

. All Districts (average) 

New Mexico 

·Statistical Year (year ending September 30) 

District of New Mexico 1996 Assessment 

39 45 

D AII Districts (average) 

Page 3. 
C. District Civil and Criminal Docket Data 

1 . Civil Case Filings 

Graph 3 shows the total civil case filings for New Mexico during Calendar Years 

(CY) 1985 through 1996. The 1,861 filings for 1996 reflect a 5.5% increase over the 

filings for 1985, and an increase of 12.9% over 1995. 

Graph 3 

Civil Case Filings CY 85--96 

1500 

1000 

500 

2. Criminal Defendant Filings 

Graph 4 depicts the total criminal defendant filings for New Mexico from CY 1985 

through CY 1996. The graph vividly illustrates a steady increase in the total number 

of criminal defendant filings, tripling from 419 defendants in 1985, to 1,240 in 1996. 

Criminal defendant filings in 1996 increased 10% over 1995. 

Graph 4 

Criminal Defendant Filings CY 85-96 

1200 

1000 

BOO 

600 

400 

200 

District of New Mexico 1996 Assessment Page 4. 
3. Ages of Civil Cases 

Table 2 presents the median age of terminated civil cases and the number and 

percentage of civil cases pending over 3 years. The data further reflect that the 

median age for disposition of civil cases during 1996 in the District continued at nine 

months while the percent of cases pending over three years has consistently 

decreased. 

Table 2 

Ages of Civil Cases 

Year Ending Median Age of # of Cases % of Cases 

September 30 Terminated Cases Pending Over Pending 

3 Years Over 3 Years 

1991 13 months 163 8.7% 

1992 12 months 172 9.8% 

1993 9 months 129 8.1% 

1994 9 months 98 6.2% 

1995 9 months 90 5.2% 

1996 9 months 75 4.8% 

4. Pending and Closed Civil Cases 

Graph 5 represents the total number of pending and closed civil cases for 1985 

through 1996. The District's pending cases have fluctuated over the past 12 years, 

with a high of 1,839 in 1988 and a low of 1,339 in 1985. 

Graph 5 also sets forth the ratio of pending to terminated civil cases which is a 

better measure of a court's ability to dispose of its cases. When the ratio is one, the 

court is disposing of more cases than are pending. Likewise, when the ratio is over 

one, it is an indication that the court is "falling behind." New Mexico has experienced 

a favorable ratio for the past five years. 

District of New Mexico 1996 Assessment Page 5. 
Graph 5 

Pending and Closed Civil Cases 1985 to 1996 

198511986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 

Pending 1339 1515 1659 1839 1719 1703 1696 1631 1479 1443 1542 1644 

Closed 1673 1429 1536 1438 11540 1256 1306 1589 1745 1576 1552 1759 

Ratio 0.8 1.1 1.1 1.3 1 1.1 1.4 1.3 1.0 0.8 0.9 1.0 0.9 

D. Motion Filings 

+ Pending 

r?2lClosed 

Table 3 compares total motions filed with the total dispositive motions filed in 

1 995 and those filed in 1996. The table reflects that approximately 32 % of the total 

motions filed in 1995 were dispositive motions and that the percentage of dispositive 

motions decreased to approximately 29% of all motions filed in 1996. The 2,026 

dispositive motions filed in 1996 represent a decrease of 19% from the 2,497 filed in 

1995. The number of dispositive motions not ruled on and pending over six months 

in 1996 decreased 33% from those pending over six months in 1995. 

District of New Mexico 1996 Assessment Page 6. 
Table 3 

Motions Filed 1995 and 1996 

1995 1996 % change 

Total number dispositive motions filed 2,497 2,026 -19% 

Total number dispositive motions filed and 

terminated within same year 2,008 1,660 -17% 

Average number of days to rule on dispositive 

motions fjled and terminated same year 66 46 -30% 

Median number of days to rule on dispositive 

motions filed and terminated same year 38 26 -32% 

Dispositive motions not yet ruled on, pending 

over 6 months 140 94 -33% 

Dispositive motions not yet ruled on, pending 

under 6 months 349 272 -22% 

Total motions filed 7820 6,989 -11 % 

Percent filed dispositive 31.93% 28.98% -2.95% 

E. Consents to Proceed Before a Magistrate Judge 

Graph 6 illustrates that parties in the District of New Mexico are consenting to 

have more civil cases tried by magistrate judges under the "Opt In" provisions of 

Federal Rule 73(b) of the Federal Rules of Civil Procedures and District of New Mexico 

Administrative Order No. Misc. 96-137. The graph reflects there has been an increase 

from 18 consent cases in 1993 to 134 in 1996. The 1996 consent cases represent 

7.2% of all civil cases filed that year. 

Graph 6 

Consents to Proceed Before a Magistrate Judge 

1~ r-------------------------------------~----' 

120 

100 

80 

60 

40 

20 

1993 1994 1995 1996 

18 21 36 134 

District of New Mexico 1996 Assessment Page 7. 
III. REVIEW OF PREVIOUS ASSESSMENT RECOMMENDATIONS 

A. Increase the Number of Article III and Magistrate Judges 

The increasing caseloads, especially the criminal cases, continue to be of great 

concern to the judges and litigants of the District. The criminal defendant filings for 

1996, for example, increased 83% over those in 1987. Without question, the 

increases in criminal filings, which have continued consistently over the past decade, 

significantly influence the Court's ability to dispose of its civil cases on a more timely 

basis since the Speedy Trial Act mandates that the Court give priority to criminal 

cases. Because of these dramatic increases in criminal felony filings, it was 

recommended by the judges and lawyers that a necessary solution would be to 

increase the number of Article III and magistrate judge positions. 

The Court in its biennial judgeship survey submitted on October 5, 1995, 

requested that two permanent judgeship positions be approved for the District. The 

Judicial Circuit of the Tenth Circuit U.S. Court of Appeals on February 22, 1996, 

approved the preliminary recommendation of the Subcommittee on Judicial Statistics 

of the Judicial Conference that the District of New Mexico be allocated one additional 

permanent and one temporary judgeship. On September 17, 1996, the Judicial 

Conference approved recommending legislation to the Congress to increase New 

Mexico's Article III judgeships by one permanent and one temporary judgeship. 

It should be pointed out that legislation for the new district judgeships has not yet 

been submitted to Congress. The Administrative Office advised that the Judicial 

Conference will meet on March 11-12, 1997, to consider requests for additional circuit 

judgeships. After they decide these, legislation will be submitted to Congress 

requesting approval for the circuit and district judgeships in a one-package proposal. 

The senior district judges for New Mexico continue to contribute commendable 

judicial service to the District. The senior judges conducted 18 civil and 40 criminal 

trials during calendar year 1996, and these constituted 19.4% of the total civil trials 

and 22.5% of the criminal trials. Visiting judges, including a Tenth Circuit appeals 

judge, have also been of great assistance to the District. In 1996, they conducted 24 

civil trials or 25.8% of all civil trials, and 5 criminal trials or approximately 2.8% of the 

criminal trials for the District. 

Regarding the additional magistrate judge positions, the 6th full-time magistrate 

judge for New Mexico was appointed on June 21, 1996. A retired magistrate judge 

was recalled on May 5, 1995, for service in New Mexico and has been on duty since 

that date. His last appointment for another one year term began on January 22, 1997. 

The District of New Mexico continues to be one of the courts with the highest 

magistrate-to-district judge ratio with 7 full-time and 2 part-time magistrate judges. 

District of New Mexico 1 996 Assessment Page 8. 
B. The District Should Plan for a Sufficient Number of Courtrooms 

as Article III and Magistrate Judges Are Added 

The ground breaking ceremony for the new courthouse in Albuquerque was held 

on September 14, 1996, and final construction is currently contemplated for October 

1998. The new courthouse will have 10 district judge courtrooms. The jury assembly 

room in Santa Fe has been expanded for use as a large hearing room. In addition, an 

additional non-jury courtroom has been planned for Santa Fe and it should be available 

for judicial proceedings before the end of 1997. Construction of an annex to the Las 

Cruces courthouse has been deferred by the Administrative Office. It is currently 

estimated that this addition will not commence until the year 2001 and the construction will take approximately one year. The annex will have from four to six 

additional district judge courtrooms. 

C. Application of Case Management Procedures Should Be Flexible 

and More Individualized 

It was suggested during the last CJRA assessment that judges should avoid 

"shoehorning" cases into set categories, i.e., expedited, standard, complex, and 

administrative, which might not fit a particular case. Current procedures permit 

discretionary flexibility by the magistrate judges who take into consideration the 

individual circumstances of each case as they set discovery and scheduling deadlines. 

D. The District Judges Should Be Apprised of the Bar's Perception 

of Delay in Ruling on Dispositive Motions 

Some attorneys believe that there are excessive delays in ruling on dispositive 

motions. However, during 1996 there was a dramatic decrease in the time within 

which judges ruled on dispositive motions. On average, the rulings in 1 996 were 

made within 30% less days than the rulings during 1995, and within the 60 days 

recommended by the Court's Expense and Delay Reduction Plan. Ninety-four 

dispositive motions were pending over 6 months in 1996 compared to 140 pending 

over six months in 1995. 

E. Magistrate Judges Review Discovery Plans to Curb Discovery 

Abuse 

Current procedures by which counsel have significant input into discovery 

deadlines through their "meet-and-confer" sessions and resultant provisional discovery 

plans have significantly reduced discovery abuses. Magistrate judges have indicated 

District of New Mexico 1996 Assessment Page 9. 
that there is compliance in the majority of cases and the relatively few abuse situations 

generally involve the same attorneys. The magistrate judges have applied sanctions 

where appropriate. 

F. Use of Early, Firm Trial Settings, to the Extent Practicable 

The District's judicial officers are aware that early, firm trial settings are conducive 

to expediting the disposition of cases. However, there are indications that occasionally 

when trial dates are set, extensions of these dates are liberally given. Although valid 

reasons may exist for extensions, such as the press of criminal cases or conflicting 

trial schedules, the judges should be sensitive to the problems associated with late or 

changing trial dates. 

G. To Maximize Effectiveness, the Status Conference With a 

District Judge Should Not Be Scheduled Too Soon After the 

Rule 16 Case Management Conference 

Some district judges prefer to hold early status conferences. Others are holding 

status conferences at an appropriate interval tJ acquaint them with the case, narrow 

issues, reduce disputes and spur settlement. Some judges do not hold status 

conferences except in complex cases. 

H. Use Magistrate Judges to Preside Over Trials 

The Court on August 22, 1996, adopted Administrative Order No. Misc. 96-137 

which sets forth procedures for random assignment of one case out of every seven 

civil cases filed to a Magistrate Judge pool. From the pool, each magistrate judge is 

assigned cases on an even and random rotation basis. The Clerk sends a consent to 

proceed before a magistrate judge to each party who has 20 days after service to 

return the completed consent form. The parties have timely consented to assignment 

to the Magistrate Judge in most of the cases assigned under this plan. 

I. Monitor the Effect on Magistrate Judge Workloads of Increases 

in Magistrate Judge Civil Consent Cases 

The Chief Judge and other District Judges are keeping abreast of the magistrate 

judges' workloads through periodic judges' meetings and statistical reports. 

District of New Mexico 1996 Assessment Page 10. 
J. Magistrate Judges Should Each Have Two Law Clerks 

Magistrate Judges are normally allocated a secretary and one law clerk. Article 

III judges, on the other hand, are assigned two law clerks, and in instances where 

special work requirements justify additional assistance, a judge may be assigned the 

temporary assistance of a third law clerk. 

Indicative of the need to have more law clerks is the fact that several Magistrate 

Judges in the district have given up one half-time secretarial slot, or, in instances, a 

full-time secretarial slot and have received, in turn, either a half-time law clerk or a fulltime law clerk. 

The Advisory Panel and the district strongly recommend that the Administrative 

Office of the Court, the Tenth Circuit Judicial Council, and the Judicial Resources 

Committee of the Judicial Conference consider increasing personnel allocations so that 

each Magistrate Judge is entitled to two full-time law clerks. 

K. Acceptance of Binding Plea Bargains and Stipulations 

There is a general consensus that binding plea agreements and binding stipulations 

are being accepted as deemed appropriate. 

L. Open File Policy 

The District uses a standing discovery order in criminal cases which has 

substantially reduced the number of motions filed and motions hearings. The judges 

encourage the office of the U.S. Attorney to permit open file discovery in all but 

exceptional cases. 

M. Improvement of the Management of the Criminal Case load In 

Las Cruces 

During 1996, there were 61 criminal trials held in Las Cruces. Of these, 27 or 

44% were conducted by the Senior District Judge in residence at that location. In 

addition, both magistrate judges in Las Cruces are now taking felony pleas, with the 

parties' consent, for the district's Article III judges. Courtroom scheduling has been 

automated, which has resulted in a more effective and quicker means of allocating the 

courtrooms. Furthermore, all pleadings filed in Las Cruces are now docketed there. 

District of New Mexico 1 996 Assessment Page 11. 
N. The Chief Judge Should Address the Members of the Bar at the 

Annual Bar Convention 

The Chief Judge delivered a State of the Judiciary Message to the New Mexico 

Bar Association membership during the annual State Bar convention which was held 

in September 1996 in Albuquerque. 

IV. GENERAL CONCLUSIONS 

A. Actual and Weighted Case Filings 

The District of New Mexico is one of the busiest courts in the country. Its 

percentage increase in total filings for 1996 compared to 1995 placed New Mexico 1 st 

in the Circuit and 19th in the nation. Its criminal felony filings per active judgeship 

ranked New Mexico first in the Circuit and 4th in the nation. The 1996 weighted case 

filings per active judgeship, which represent a more realistic picture of a court's actual 

workload, reflected that New Mexico was first in the Circuit and 9th in the nation in 

overall workload. 

B. Court Productivity 

The District has obviously responded productively to its workload demands as 

reflected in its average trials completed for active judgeship and other factors. In 

1996, New Mexico conducted almost twice the national average of trials per 

judgeship. Furthermore, during the past five years, New Mexico has decreased its 

median time for terminating civil cases from 13 to 9 months. This has had the 

resultant effect of New Mexico experiencing a favorable ratio of pending to closed 

cases for the past five years which shows that the Court is controlling its civil case 

backlog. 

C. Magistrate Judge Consent Cases 

There is a definite increasing trend in the number of civil cases in which litigants 

are consenting to trial by Magistrate Judges. 

District of New Mexico 1996 Assessment Page 12. 
D. Overall Case Management 

The data definitely show that the Court is functioning effectively under sound 

case management principles. This is particularly evident in view of the tremendous 

increase in workload. Since 1991, there has been a 35% increase in criminal 

defendant filings, and a 42 % increase in civil case filings. Despite the increasing 

caseload, New Mexico's total pending civil and criminal cases have decreased 5% 

since 1991. The median length of time from filing to disposition of civil cases has 

decreased from 13 months in 1991 to 9 months in 1996. The District, therefore, is 

disposing of more cases in less time than five years ago. 

E. Procedure for Opposed Motions under Local Civil Rule 7.3 

The "packet" filing procedures for opposed motions have created unanticipated 

problems. The judges have met with attorneys to discuss various problems and 

concerns. The district has a standing Rules Revision Committee which continuously 

considers rule changes; the Committee has under consideration amendments which 

address the concerns expressed about Local Civil Rule 7 .3. 

F. Pro Bono Panel 

A Civil Pro Bono Plan was adopted by court Order, Misc.No. 95-189, filed October 

18, 1995. The Order created the Pro Bono Selection Committee and delegated to it 

the tasks of approving and training attorneys willing to accept appointment to 

represent pro se parties in federal civil actions when parties lack the resources to retain 

counsel. The Committee has approved 23 attorneys to serve on the Pro Bono Panel 

and four of them have been appointed to cases. The first was appointed on February 

6, 1997. The Order also authorized payment of selected litigation expenses for these 

cases, with a $2,500 cap, from the Bench and Bar Fund. Training began in December 

1996, at a full-day Continuing Legal Education seminar entitled, "Representing 

Prisoners" which was very well-attended. 

G. District's Bar Association 

The Bar Association of the United States District Court for the District of New 

Mexico was established by Misc. Order No. 95-182 entered on October 4, 1995. The 

Association held a meeting of its Management Committee on April 4, 1996, during 

which the following committees were established: Oversight and Support Committee, 

Continuing Legal Education Committee, Bench and Bar Relations Committee, and a 

Mentorship Committee. A full membership meeting was held in September 17, 1996. 

District of New Mexico 1 996 Assessment Page 13. 
The Association plans to have its first swearing-in ceremony in May 1997 to include 

newly admitted attorneys who passed the New Mexico Bar exam in February 1997. 

The Management Committee is also planning to meet with the Chief Judge concerning 

its mentorship program which is designed to assist inexperienced attorneys in various 

facets of federal court practice. 

V. RECOMMENDATIONS 

A. Reevaluation of Case Tracks 

It is recommended that the Court establish stage or event deadlines for Social 

Security cases, which are currently handled under the Administrative Track which has 

no specific deadlines. It is also recommended that the Court add a "Special 

Management Tract" for cases which reach the pending over three years status and for 

urgent or high profile cases so that they will have monitoring, handling and sheparding 

for expeditious disposition. 

B. Alternative Dispute Resolutiol1s 

This District's magistrate judges and the recalled magistrate judge have been very 

effective in disposing of cases during settlement conferences, the main form of ADR 

used in this District. The District Judges and Magistrate Judges are encouraged to 

discuss other ADR alternatives. 

C. Setting Firm Trial Dates 

It is recommended that firm trial dates be set for civil cases as soon as practicable 

by all judges. 

District of New Mexico 1996 Assessment Page 14.