I don’t want to spend too much time on this case, but since this is a blog about NM appellate practice, Rebecca and I thought it was important to make sure we discussed what the courts do NOT want trial attorneys doing.
The attorney in question, Daniel Salazar, got into disciplinary trouble this time because of his failure to timely and properly file appellate pleadings. I say “this time” because he had twice before been subject to discipline related to his “mismanagement of post-trial procedure.” The facts just get worse for each example of misconduct cited by the Court, and you should definitely read through them. The takeaway, though, is:
1) Follow the deadlines: file a notice of appeal within 30 days, and file a docketing statement within 30 days from the notice of appeal.
3) Make sure you properly prepare the docketing statement to state the issues and how they were preserved; don’t just copy and paste a motion from the trial court.
4) State v. Duran, 1986-
NMCA-125, does not give trial counsel carte blanche to disregard appellate deadlines in criminal law cases (especially if the client is sitting in jail).
5) Trial counsel is responsible for properly preparing the docketing statement, and the applicable appellate rules of procedure apply to trial counsel.
6) Trial counsel is expected to be aware of post-trial procedures.
7) If the court orders you to do something, do it. That includes complying with the terms of a suspension order, if you are on the wrong end of it.
8) Do NOT use claims of your own excellence as a justification for non-compliance with a court order.