Rule 1-053.1.Domestic violence special commissioners; duties

Last amended December 31, 2022 · Last verified June 26, 2026

In one sentenceRule 1-053.1 establishes domestic violence special commissioners, their qualifications and duties under the Family Violence Protection Act, and how their recommendations are reviewed and adopted by the court.

Full Text of Rule 1-053.1

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A. Appointment. Domestic violence special commissioners shall be at-will positions subject to the New Mexico Judicial Branch Policies for At-will Employees. Consistent with the authority set forth in this rule, domestic violence special commissioners may perform those duties assigned by the chief judge of the district in domestic violence proceedings.

B. Qualifications. Any person appointed to serve as a special commissioner under this rule shall

(1) be a lawyer licensed to practice law in New Mexico with at least three (3) years of experience in the practice of law; and

(2) be knowledgeable in the area of domestic relations and domestic violence matters.

C. Duties. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act, Sections 40-13-1 to -13 NMSA 1978:

(1) review petitions for orders of protection and motions to enforce, modify, or terminate orders of protection;

(2) if deemed necessary, interview petitioners, provided that any interview shall be on the record;

(3) conduct hearings on the merits of petitions for orders of protection and motions to enforce, modify, or terminate orders of protection; and

(4) prepare recommendations, in the form, if any, approved by the Supreme Court, for review and final approval by the district court regarding petitions for orders of protection and motions to enforce, modify, or terminate orders of protection.

D. Removal. On motion of any party for good cause shown, or on the court’s own motion, the district court may remove the domestic violence special commissioner from acting in a proceeding.

E. Authority. The domestic violence special commissioner’s recommendations shall not become effective until reviewed and adopted as an order of the court.

F. Recommendations.

(1) Recommendations concerning ex parte orders. After conducting the necessary review, the domestic violence special commissioner shall promptly submit to the district court recommendations concerning the entry of an ex parte temporary order of protection. The district court judge shall immediately review the recommendations and shall determine whether to immediately enter an order consistent with the recommendations, to enter a different order, to request the commissioner to conduct further proceedings, or to request the commissioner to make additional findings and conclusions. Unless otherwise ordered by the court, an ex parte order of protection signed by the court shall remain in effect, in accordance with the provisions of Section 40-13-4 NMSA 1978, until the court enters a final order ruling on the petition for an order of protection.

(2) Recommendations. At the conclusion of the proceedings, the domestic violence special commissioner shall submit to the district court for review and approval the commissioner’s recommendations, including proposed findings and conclusions, and shall serve each of the parties with a copy together with a notice that specific objections may be filed within fourteen (14) days after service of the recommendations.

G. Objections. Any party may file timely objections to the domestic violence special commissioner’s recommendations. The party filing objections shall promptly serve them on other parties. Objections must specifically identify the following:

(1) the specific portions of the recommendations to which the party objects;

(2) a summary of the evidence presented at the hearing conducted by the commissioner;

(3) the specific findings of fact made by the commissioner to which the party objects; and

(4) the specific errors made by the commissioner in applying the substantive and/or procedural law to the commissioner’s findings of fact.

H. District court proceedings. After receipt of the recommendations of the domestic violence special commissioner, the district court judge shall observe the following procedure:

(1) The district court judge shall immediately review the recommendations of the domestic violence special commissioner and determine whether to immediately adopt the recommendations. The district court judge shall set aside the decision only if the decision is found to be

(a) arbitrary, capricious, or an abuse of discretion;

(b) not supported by substantial evidence in the record as a whole; or

(2) If a party files timely, specific objections to the recommendations as set forth in Paragraph G of this rule, the district court judge shall conduct an independent review appropriate and sufficient to resolve the objections. The review shall consist of a review of the record presented to the special commissioner.

(a) The review does not require an in-person hearing before the district court judge.

(b) If the district court judge finds that the objections to the recommendations are not specifically stated as set forth in Paragraph G of this rule, the district court judge may issue a general denial of the objections.

(3) The district court judge may adopt the recommendations, modify them, reject them in whole or in part, receive further evidence, or remand them to the domestic violence special commissioner with instructions.

(4) After reviewing any objections, the district court judge shall enter a final order. When required by Rule 1-052 NMRA, the district court judge also shall enter findings of fact and conclusions of law.

I. Limitations on private practice. Full-time domestic violence special commissioners shall devote full time to their duties under the Family Violence Protection Act and shall not engage in the private practice of law or in any employment, occupation, or business interfering with or inconsistent with the discharge of their duties. Part-time domestic violence special commissioners may engage in the private practice of law so long as in the discretion of the appointing judge it does not interfere with nor is inconsistent with the discharge of their duties as domestic violence special commissioners and subject to applicable Code of Judicial Conduct provisions, as stated in Paragraph J of this rule.

J. Code of Judicial Conduct. A domestic violence special commissioner is required to conform to all applicable provisions of the Code of Judicial Conduct.

End

Rule History

[Adopted, effective October 18, 1996; as amended by Supreme Court Order No. 06-8300-019, effective October 16, 2006; as amended by Supreme Court Order No. 17-8300-020, effective for all cases pending or filed on or after December 31, 2017; as amended by Supreme Court Order No. 22-8300-019, effective for all cases pending or filed on or after December 31, 2022.]

Committee Commentary

Committee commentary for 2006 amendment. —

Authority

Former Paragraph C of Rule 1-053.1 NMRA has been amended to make clear the permissible scope of the domestic violence special commissioner’s duties. Those duties include not only the review of petitions and the conducting of hearings for requests for all orders of protection, see, e.g., Form 4-961 NMRA (Petition for order of protection from domestic abuse), Form 4-962A NMRA (Counter-petition for order of protection), Form 4-972 NMRA (Petition for emergency order of protection), and related proceedings, see, e.g., Form 4-961B NMRA (Request for order to omit address and phone number of petitioner), but also for motions to enforce, modify, or terminate orders of protection. See Form 4-968 NMRA (Application to modify, terminate, or renew the order of protection).

Plain-English Summary

This rule creates the role of domestic violence special commissioner. These at-will positions are filled by lawyers with at least three years’ experience who are knowledgeable in domestic relations and domestic violence. Under the Family Violence Protection Act, a commissioner reviews petitions for orders of protection and related motions, may interview petitioners on the record, conducts hearings, and prepares recommendations for the district court’s review and final approval.

A commissioner’s recommendations do not take effect until the court adopts them. On ex parte temporary orders, the judge reviews the recommendation immediately and decides whether to enter it. At the end of a proceeding, the commissioner submits recommendations with proposed findings and serves the parties with notice that specific objections may be filed within fourteen days. The court reviews the recommendations—setting them aside only if arbitrary, unsupported by substantial evidence, or contrary to law—and conducts an independent review of the record when specific objections are filed before entering a final order. Commissioners must conform to the Code of Judicial Conduct.

Frequently Asked Questions

What does a domestic violence special commissioner do?

Under the Family Violence Protection Act, the commissioner reviews petitions for orders of protection and related motions, conducts hearings, and prepares recommendations for the district court’s review and approval.

Do a commissioner’s recommendations take effect automatically?

No. They do not become effective until reviewed and adopted as an order of the court, and parties may file specific objections within fourteen days.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-053.1 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: domestic violence special commissionerorder of protectionFamily Violence Protection Actcommissioner recommendations