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Decision Information
Rule Set 12 - Rules of Appellate Procedure - cited by 9,882 documents
Decision Content
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Facts
The Motor Vehicle Division (MVD) of the New Mexico Taxation and Revenue Department revoked the driver's licenses of three individuals following their convictions for driving while intoxicated. The MVD appealed district court orders that reinstated the licenses. The appeal was dismissed due to procedural deficiencies in the MVD's appellate brief, which failed to comply with the Rules of Appellate Procedure (paras 1-2).
Procedural History
- District Court of San Juan County: Ordered the reinstatement of the driver's license for one of the individuals (N/A).
- District Court of Lea County: Ordered the reinstatement of the driver's license for another individual (N/A).
- District Court of Cibola County: Ordered the reinstatement of the driver's license for the third individual.
Parties' Submissions
- Appellant (MVD): Argued that the district courts erred in reinstating the driver's licenses of the individuals convicted of driving while intoxicated (N/A).
- Appellees (License Holders): Defended the district courts' decisions to reinstate their licenses and opposed the MVD's appeal.
Legal Issues
- Whether the MVD's appeal should be dismissed due to its failure to comply with the Rules of Appellate Procedure.
- Whether the district courts erred in reinstating the driver's licenses of individuals convicted of driving while intoxicated.
Disposition
- The appeal was dismissed as a sanction for the MVD's failure to comply with the Rules of Appellate Procedure (para 6).
Reasons
Per Hartz J. (Donnelly and Wechsler JJ. concurring):
The Court found that the MVD's appellate brief failed to meet the minimum standards required under Rule 12-213(A)(3) NMRA 1999, as it lacked proper citations to the record to support its factual assertions. This was a repeated violation, as the MVD attorney had been previously admonished for the same issue in a published opinion less than five months earlier (para 1).
The Court acknowledged the extenuating circumstances of overwork faced by the MVD attorney, who was responsible for handling approximately 1,600 cases annually with limited resources. However, it emphasized that the Department's failure to provide adequate legal support and resources did not excuse the procedural deficiencies. The Court noted that the Department's legal work is of high importance and that its failure to submit thorough and compliant briefs undermines the appellate process (paras 2-4).
The Court determined that dismissal of the appeal was the only appropriate sanction. Striking the brief but allowing the appeal to proceed would require the Court to perform the Department's work, while allowing the Department to file a new brief would not serve as a sufficient deterrent. The Court emphasized that it is not in the practice of granting appellants multiple opportunities to submit persuasive briefs (paras 5-6).