DC
STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-DM-2017-02108
DEBBIE BARELA,
Petitioner,
vs.
VERONICA MARTINEZ, and JUSTIN BRASHER,
Respondents,
v.
STATE OF NEW MEXICO (HSD),
Intervenor.
DOMESTIC RELATIONS HEARING OFFICER REPORT, NOTICE OF ZOOM HEARING AND NOTICE OF FILING
THIS MATTER came before the Court on August 17, 2022, on Respondent Veronica Martinez’s Motion to Terminate Kinship-Guardianship, filed herein on February 14, 2022. The Petitioner, Debbie Barela, failed to appear. The Respondent, Veronica Martinez, appeared and was pro se. The Respondent, Justin Brasher, did not appear. The State of New Mexico Human Services Department did not appear. All appearances were by Zoom due to the COVID-19 public health crisis. The Hearing Officer, having heard offers of proof and testimony, having reviewed the pleadings, and being otherwise advised, FINDS:
1. The Court has jurisdiction over the parties and the subject matter herein.
2. This cause of action concerns one (1) minor child, namely Elexus, born August of 2008.
3. The Hearing Officer finds that Petitioner Debbie Barela was served by certified mail on April 5, 2022, pursuant to the Return of Service, filed herein on April 19, 2022.
4. The Hearing Officer finds that Respondent Justin Brasher still has not been served and must be properly served pursuant to Rule 1-004 NMRA before the Court can address the merits of Respondent Veronica Martinez’s Motion to Terminate Kinship-Guardianship.
5. This is the last time this matter shall be reset for service.
THE HEARING OFFICER RECOMMENDS THAT THE FOLLOWING BE ADOPTED AS AN ORDER OF THIS COURT:
A. Prior to the hearing set below, Respondent Veronica Martinez shall ensure that Respondent Justin Brasher is properly served with a copy of the Motion to Terminate Kinship-Guardianship as well as this Report and Notice of Hearing. Proof of service shall also be filed with the Court.
B. This matter is hereby reset for a hearing on Respondent Veronica Martinez’s Motion to Terminate Kinship-Guardianship on October 12, 2022, beginning at 10:00 AM. All parties and counsel shall appear by Zoom for this hearing pursuant to the attached instructions. The parties and counsel shall call (505) 841-5448 at least 15 minutes prior to the hearing to confirm the Zoom link.
C. This is the last time this matter shall be reset for service.
D. If a party does not have access to video, the party shall notify the Court no less than 48 hours before the hearing.
E. Any documents the parties would like to provide as potential exhibits for this hearing shall be provided to each other and the Court via email at [email protected] no later than 48 hours before the hearing date and time. The title of your email shall be the case number above and your name. (i.e. DM-1234-1234, Jane Doe).
F. To clearly identify for the Court and parties each document, Petitioner shall mark each document with numbers and Respondent shall mark each document with letters.
G. If the total sum of the documents proposed as exhibits exceeds 10 pages per party, then Counsel and/or parties pro se shall provide these documents to the Court in person at least 48 hours in advance of the hearing.
H. Any email that does not conform to the above requirements will be rejected and not reviewed by the Court. The Court’s proposed text email ([email protected]) is not an opportunity for argument between parties and/or Counsel, or to relay any information other than attachment of proposed exhibits as outlined above.
I. The terms and conditions of all prior orders not expressly modified herein shall remain in full force and effect.
YOU HAVE TEN (10) WORKING DAYS FROM THE DATE OF THE SERVICE TO SERVE WRITTEN OBJECTIONS TO THIS REPORT O THE PARTIES AND FILE THE OBJECTION WITH THE DISTRICT COURT.
/s/ Crystal Lees
Domestic Relations hearing Officer
DC 8/29/22
FAXED OR MAILED ON
8-30-22 BY NM
HCS Pub. September 9, 16, 23, 2022
