Decline in NM Foreclosures Only a Temporary Reprieve?

Over the past year or so, foreclosure filings have declined in New Mexico, as elsewhere around the nation, particularly in those states that utilize judicial foreclosure.  Doing foreclosure mediation, among other things, I was well aware of this trend.  It is generally chalked up, by practitioners, to the banks' regrouping efforts necessitated by widespread problems with foreclosure documentation and affidavits, and to a lesser extent

Control of Vehicle While Intoxicated Enough for DWI But Not for Child Endangerment

As a family mediator and guardian ad litem, I keep abreast of child abuse, neglect and endangerment cases.  The New Mexico Court of Appeals has recently reviewed whether control of a vehicle while intoxicated can form the grounds for a felony child abuse conviction.  See State v. Etsitty, 2012-NMCA-012.  After analysis the Court concluded it could not.

Constitutional Rights of Children & Suppression of Evidence

It's often remarked by lawyers dealing with children, that they just don't have the same quality or quantity of constitutional protections as adults.  In a recent decision, the New Mexico Court of Appeals have made clear that, in at least one area, they have exactly the same amount of rights.

The Connected Baby--A Great New Documentary

Besides being a labor/employment, mediator and mom, I am also a guardian ad litem, working with at risk children.  In that latter role, I  recently had the pleasure of viewing "The Connected Baby," a documentary or "film conversation" produced by researcher Dr. Suzanne Zeedyk and film-maker Jonathan Robertson.

In her opening presentation of her documentary, Dr. Zeedyk discussed how there has been a dramatic increase in the neuroscience associated with attachment.  Simply put, a baby's brain is healthier and more robust, with far greater neural pathways, if he or she forms early and strong attachments with primary care givers. In the first year of develop-

Shaken Baby Syndrome--Real or Imagined?

Some readers may know me as a labor/employment and domestic relations mediator/arbitrator.  However, I am also a GAL for abused, neglected kiddos.  As such, I take special interest in unusual court cases involving children. I was especially upset and intrigued by a recent ABA Journal article on the heated debate concerning the scientific soundness of  shaken baby syndrome theories.

NM Courts Uphold Home Mortgage Re-Fi Practices

A significant part of my mediation practice nowadays involves foreclosure mediation.  As I've written elsewhere, some courts on the East and West coasts have taken mortgage lenders to task in recent years.  In New Mexico, however, much of the debate about mortgage lending and foreclosure practices has been largely limited to op-ed pieces until now.  Finally, New Mexico courts have weighed in on lending practices at least, in a decision that clarifies the issues but may not bode well for home-owners.

The Inside Scoop on CYFD and Abuse/Neglect, Part II

In addition to my labor and employment mediation/arbitration work, I am also a New Mexico domestic relations mediator and child protection worker (CASA and GAL), In a previous blog, I outlined the general process by which children believed to be abused or neglected are brought into and processed through "the system."  In this follow up blog, I'll address specific details that crop up between intake and placement.