Cook v. Anding

2008 NMSC 035, 188 P.3d 1151, 144 N.M. 400
CourtNew Mexico Supreme Court
DecidedJune 4, 2008
Docket30,148, 30,169
StatusPublished
Cited by11 cases

This text of 2008 NMSC 035 (Cook v. Anding) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Anding, 2008 NMSC 035, 188 P.3d 1151, 144 N.M. 400 (N.M. 2008).

Opinion

OPINION

MAES, Justice.

{1} In this case, we determine the proper application of NMSA 1978, Section 38-3-3(A) (2003), which mandates a change of venue “whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties.” The district court granted Plaintiffs’ motion for change of venue under Section 38-3-3(A) based on the recusal of three Eleventh Judicial District Court judges. Interpreting Section 38-3-3(A) in its historical context, we hold that the Legislature intended Section 38-3-3(A) to apply to the single-judge districts of the territorial courts and early statehood and that Section 38-3-3(A) is now without force or effect. We reverse the change of venue and remand the case to the Eleventh Judicial District.

FACTS AND PROCEEDINGS

{2} Plaintiffs filed this lawsuit in 2000 in the Eleventh Judicial District Court, San Juan County, seeking damages for an alleged breach of contract arising from Plaintiffs’ purchase of a house in Farmington,' New Mexico. Over approximately a four year period, this case was assigned to and removed from all of the judges in the Eleventh Judicial District-three judges recused themselves and the parties excused the others.

{3} After each of the Eleventh District judges had been removed from the case, the Chief Justice of the New Mexico Supreme Court designated Judge Carol Vigil from the First Judicial District to hear all further proceedings, pursuant to Rule 1-088(B) NMRA (2000). Venue remained in the Eleventh Judicial District.

{4} While the case was pending before Judge Vigil, Plaintiffs filed a motion for a change of venue. Plaintiffs’ “Motion to Set the Trial in a County Free from Exception Based on Excusal for Cause of the Judges of San Juan County” argued that under Section 38-3-3(A) and NMSA 1978, Section 38-3-7(1965), the recusal “for cause” of the Eleventh Judicial District Judges required a change of venue to the First Judicial District. Specifically, Plaintiffs asserted that Judge Hynes recused himself because the judge had represented former defendants in the lawsuit before being appointed to the bench, and that representation “not only disqualifies [the] judge, but also disqualifies the district (in this case the Eleventh Judicial District) as a proper venue for the ease.”

{5} While Plaintiffs’ Motion was still pending, Judge Vigil retired from the bench, and this case was assigned to Judge Daniel Sanchez of the First Judicial District. Judge Sanchez granted Plaintiffs’ motion and transferred venue to the First Judicial District in Santa Fe County, where Judge Sanchez continued to preside over the case. The order stated that because Judge Hynes had been counsel for former defendants “a change of venue is required under § 38-3-3(A) and NMSA 1978, § 38-3-7 to a county of the nearest judicial district which is free from exception.”

{6} The Court of Appeals denied Defendants’ application for an interlocutory appeal of the change of venue order. Defendants then filed two separate petitions for writ of certiorari. This Court denied the first petition but granted the second. Because the petitions contained the same questions for appeal, this Court retroactively granted the first petition and consolidated the cases.

STANDARD OF REVIEW

{7} This case turns on the proper interpretation of Section 38-3-3(A), which is an issue of law subject to de novo review. State v. Cleve, 1999-NMSC-017, ¶ 7, 127 N.M. 240, 980 P.2d 23. Our primary goal when interpreting a statute is to determine and give effect to the Legislature’s intent. Albuquerque Redi-Mix, Inc. v. Scottsdale Ins. Co., 2007-NMSC-051, ¶ 6, 142 N.M. 527, 168 P.3d 99. We do so by first looking to the statute’s plain language and giving effect to the plain meaning of the words therein. Pub. Serv. Co. of N.M. v. N.M. Pub. Util. Com’n, 1999-NMSC-040, ¶ 18, 128 N.M. 309, 992 P.2d 860. However, if the plain language is ambiguous or leads to a senseless result, the Court must seek the Legislature’s intent by other means. See N.M. Indus. Energy Consumers v. PRC, 2007-NMSC-053, ¶ 20, 142 N.M. 533, 168 P.3d 105.

INTERPRETATION AND APPLICATION OF SECTION 38-3-3(A)

{8} Section 38-3-3(A) provides for a change of venue when a judge has a conflict of interest in the case. The Section reads:

The venue in all civil and criminal eases shall be changed, upon motion, to another county free from exception:
A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties.

Plaintiffs’ argument that a judge’s conflict of interest requires the disqualification of an entire judicial district also relies on Section 38-3-7, which reads:

In all cases where a change of venue is granted, the case shall be removed to another county within the same judicial district unless the remaining counties are subject to exception, or unless the change of venue is ordered upon any of the grounds relating to the judge. Under these circumstances, the case shall be removed to some county of the nearest judicial district which is free from exception.

Since the pertinent part of Section 38-3-7 depends on whether the court grants a change of venue motion under Section 38-3-3(A), we focus our analysis on the proper interpretation and application of Section 38-3-3(A).

{9} We first consider the parties’ plain language interpretations of Section 38-3-3(A). The parties’ arguments center around the meaning of “the judge” within this statute. Both parties argue that their interpretation of the statute is consistent with the statute’s plain language and with other rules governing the recusal and designation of judges.

{10} Plaintiffs argue that “the judge” includes any judge assigned to the ease, past or present. Plaintiffs assert that Section 38-3-3(A), in conjunction with Section 38-3-7, “require[s] the disqualification of not just a county, but of an entire judicial district when a judge excuses himself or herself for cause.” In comparison, Defendants argue that “the judge” refers only to the presiding judge, and Section 38-3-3(A) requires a change of venue when the presiding judge is “interested in the result of the ease or is related to or has been counsel for any of the parties.”

{11} Either of these proffered interpretations, if adopted, would lead to objectionable results and would be at odds with other rules that govern the district courts. Plaintiffs’ interpretation imputes a single judge’s conflict of interest to an entire judicial district. This interpretation would relegate our venue statute — which protects defendants from unfair or inconvenient forums — to no more than a lottery, dependent on whether the judge assigned to the case would have to recuse himself or herself. This interpretation would provide additional methods for forum shopping and gamesmanship in civil and criminal cases.

{12} Defendants’ proposed interpretation is no less incongruous. Defendants argue that where the presiding judge has an interest in the case, that judge shall grant a change of venue motion to the nearest judicial district without exception.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMSC 035, 188 P.3d 1151, 144 N.M. 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-anding-nm-2008.