This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The trustee of a self-declared trust sought to represent the trust in legal proceedings without the assistance of a licensed attorney. The trustee argued that the trust is not a legal entity and that he, as trustee, could act on its behalf. The case arose from disputes involving the management and protection of trust property. (paras 1, 3)
Procedural History
- District Court of Santa Fe County: The complaint filed by the trust was dismissed without prejudice. (para 1)
Parties' Submissions
- Appellant (Trustee): Argued that a trust is not a legal entity and that he, as trustee, could represent the trust pro se. He cited treatises and out-of-state authorities to support his position. He also claimed that his inability to find legal representation in New Mexico prevented him from fulfilling his fiduciary duties. (paras 3, 6)
- Appellees (Defendants): Moved to dismiss the appeal on the grounds that the trustee, as a non-attorney, could not represent the trust in court. (para 1)
Legal Issues
- Can a trustee, who is not a licensed attorney, represent a trust pro se in legal proceedings? (paras 2-5)
Disposition
- The appeal was dismissed. (para 7)
Reasons
Per Sutin CJ. (Bustamante and Castillo JJ. concurring):
The court held that a trustee, when acting on behalf of a trust, represents the interests of the trust's beneficiaries and not solely their own interests. This constitutes the practice of law, which requires a licensed attorney. The court relied on prior case law and statutory provisions to conclude that a trustee cannot represent a trust pro se unless they are the sole beneficiary. The trustee's inability to find legal representation did not justify engaging in the unauthorized practice of law. (paras 2-7)