Sanders v. Rosenberg

1997 NMSC 002, 930 P.2d 1144, 122 N.M. 692
CourtNew Mexico Supreme Court
DecidedDecember 3, 1996
Docket22871
StatusPublished
Cited by36 cases

This text of 1997 NMSC 002 (Sanders v. Rosenberg) 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
Sanders v. Rosenberg, 1997 NMSC 002, 930 P.2d 1144, 122 N.M. 692 (N.M. 1996).

Opinion

OPINION

FRANCHINI, Justice.

1 We granted Petitioner Michael Rosenberg’s petition for writ of certiorari to determine whether the Court of Appeals correctly ruled that the trial court’s disqualification of counsel was an abuse of discretion. We hold the trial court’s discretion to determine the best interest of children is sufficiently broad to support the disqualification of counsel, and, provided there is substantial evidence to support the ruling, it will not be disturbed on appeal. In the instant case, we find no abuse of discretion and affirm the trial court’s decision to disqualify Sanders. We therefore reverse the decision of the Court of Appeals.

2 Facts and procedure. The underlying suit giving rise to the disqualification order concerned the divorce of the Petitioner Michael G. Rosenberg (Rosenberg) and Respondent Merle Applebaum Sanders (Merle). Subsequent to the entry of the final divorce decree in July 1985, the parties litigated recurring issues of the custody of their three children, time sharing, and child support. During their marriage, Merle and Rosenberg had three children, who primarily reside with their mother Merle. In 1990, Merle married Respondent Steven K. Sanders (Sanders), an attorney, and in January 1993 he entered his appearance to represent her on the remaining issues in the ongoing divorce proceedings.

3 In 1993, Rosenberg moved to disqualify Sanders on three separate occasions on the grounds that Sanders 'was a necessary witness and his representation would not be in the best interest of the children. The court denied Rosenberg’s motions. The following year, in 1994, Rosenberg filed a motion for a protective order requesting that Sanders not be allowed to take his deposition because of Sanders’s dual roles as stepfather to Rosenberg’s children and present husband of his ex-wife. The court granted Rosenberg’s motion for a protective order, finding that allowing Sanders to take Rosenberg’s deposition would not be in the best interests of the. children. Thereafter, the court agreed to reconsider whether Sanders should be disqualified as counsel in the case and requested the parties provide affidavits on the matter. Before that court could rule on the disqualification issue, the case was transferred to another judge.

4 Following its reassignment, Rosenberg renewed his motion to disqualify Sanders. After a hearing on that motion, the newly assigned judge ruled that Sanders should be disqualified. Sanders appealed.

5 On interlocutory appeal, the Court of Appeals reversed, holding that the trial court’s disqualification of counsel constituted an abuse of discretion. The Court of Appeals held that Sanders had not violated Rule 16-107, and, though it recognized the trial court’s broad authority to fashion rulings in the best interests of the children, it held that such authority was not sufficiently broad to disqualify a party’s attorney absent an ethical or other violation. We disagree and reverse the decision of the Court of Appeals.

6 Standard. We review the trial court’s decision under a substantial evidence and abuse of discretion standard. See Clovis Nat’l Bank v. Harmon, 102 N.M. 166, 168-69, 692 P.2d 1315, 1317-18 (1984) (considering a substantial evidence claim, this Court views the evidence in the light most favorable to the result below, resolving all conflicts and indulging in all inferences in favor of the trial court’s decision); City of Santa Fe v. Komis, 114 N.M. 659, 663, 845 P.2d 753, 757 (1992) (holding that an abuse of discretion is found when the trial court’s rulings were “clearly against the logic and effect of the facts and the circumstances before the court”); State v. Litteral, 110 N.M. 138, 141, 793 P.2d 268, 271 (1990); State v. Simonson, 100 N.M. 297, 301, 669 P.2d 1092, 1096 (1983); Alpers v. Alpers, 111 N.M. 467, 472, 806 P.2d 1057, 1062 (Ct.App.1990).

7 The trial court’s broad discretion to fashion its rulings in the best interest of children includes the authority to disqualify counsel. When the trial court entered its disqualification order, it set forth the following two grounds for its ruling:

B. It is not in the best interests of the minor children of the parties for their stepfather and mother’s husband, Steven K. Sanders, Esq., to continue his representation of the children’s mother, Merle A. Sanders, in this matter.
C. The interests of justice would be impeded if Steven K. Sanders were allowed to continue his representation of the Petitioner in this matter.

Prior to the entry of its order, the trial court filed a letter decision that alluded to Sanders’ continued representation of Merle as violative of Rule 16-107. The trial court’s disqualification order, however, made no mention of any ethical or other violation, relying instead upon its broad discretion to fashion its rulings in the best interests of the children. Accordingly, we address only the trial court’s stated basis for its ruling as explicitly expressed in its final order, rather than the application of SCRA 16-107.

8 As Petitioner Rosenberg correctly asserts, a number of courts have held that “[a] trial court has broad discretion in determining whether disqualification is required in a given case.” Greater Rockford Energy & Tech. Corp. v. Shell Oil Co., 777 F.Supp. 690, 693 (C.D.Ill.1991) (citing Schloetter v. Railoc of Indiana, Inc., 546 F.2d 706, 710 (7th Cir.1976)); see also Redd v. Shell Oil Co., 518 F.2d 311, 314 (10th Cir.1975); Gould v. Mitsui Min. & Smelting Co., 738 F.Supp. 1121, 1125 (N.D.Ohio 1990); Kalmanovitz v. G. Heileman Brewing Co., Inc., 610 F.Supp. 1319, 1322 (D.Del.1985). Similarly, a number of courts have also held that any doubts should be resolved in favor of disqualification. See Hull v. Celanese Corp., 513 F.2d 568 (2d Cir.1975); Cronin v. Eighth Judicial Dist. Court, 105 Nev. 635, 781 P.2d 1150, 1153 (1989).

9 Even though a party has a right to be represented by an attorney of her own choosing, see Chappell v. Cosgrove, 121 N.M. 636, 638, 916 P.2d 836, 838 (1996) (citing In re American Cable Publications, Inc., 768 F.2d 1194, 1196 (10th Cir.1985)) we have recognized that such a right is not absolute. Chappell, 121 N.M. at 638, 916 P.2d at 838. If a compelling reason exists that supports the disqualification of counsel, a court may reject that party’s chosen counsel. Id. (citing, Ramsay v. Boeing Welfare Benefit Plans Comm., 662 F.Supp. 968, 970 (D.Kan.1987)) (“The court is also mindful that a person’s right to select his own counsel, although not an absolute right, may be overridden only where compelling reasons exist.”).

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Bluebook (online)
1997 NMSC 002, 930 P.2d 1144, 122 N.M. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-rosenberg-nm-1996.