COURT News:
SANTA FE — New Mexico’s highest court will convene in Farmington next month for an educational program that allows students to learn about the state’s justice system and how courts resolve disputes.
The state Supreme Court will hear arguments in a civil case for the Rule of Law Program on Aug. 28 at San Juan College in the Henderson Fine Arts Center. This is the fifth year for the program, which provides an opportunity for young people in communities across the state to observe an appellate court proceeding.
Students can attend the hearing in Farmington in person or watch remotely through a live stream of the hearing on the Court’s YouTube channel. A Spanish translation of the proceeding will be available.
“Students can gain a better understanding of the rule of law in our society by watching the Court perform its duty to interpret the law and apply it to a set of facts presented in a case,” Chief Justice David K. Thomson said. “Our nation was founded on the principle that a system of laws governs all individuals and institutions, and that an independent judiciary will fairly and equally administer those laws.”
During the oral argument, attorneys will outline the legal reasoning in support of their client’s position in the case and respond to questions from the justices. After the argument, members of the Court will deliberate in private and will return to announce a decision if the Justices reach agreement during their deliberations. At the conclusion, members of the Court plan to speak to the students in attendance.
The Court will consider a civil case brought by a Colorado resident who claims a New Mexico man had an affair with his wife and should be held liable for the loss of her affections and breakup of their marriage. The couple are now divorced.
The “tort of alienation of affections” is based on legal principles derived over time from judicial decisions – what is known as common law – concerning marriage and the property rights of spouses. A 1923 decision by the Supreme Court recognized alienation of affections as a wrongdoing or tort for which a person can be held liable for civil damages. New Mexico is among only a handful of states in which spouses and ex-spouses can continue to bring such lawsuits.
The legal question before the Supreme Court is whether alienation of affection remains a valid basis for civil liability in New Mexico law after societal changes in the past 100 years on issues involving intimate personal relationships, marriage and the rights of women. The state Court of Appeals asked the justices to resolve the legal question after the Colorado man’s ex-wife challenged a Taos County district court decision to allow the lawsuit to move forward.
The Supreme Court Law Library has prepared materials for teachers and students that outline the issues in the case. The materials are available online. Any school or class interested in attending the oral argument should contact Tamara Mitchell at 505.827.4932, or suptdm@nmcourts.gov, to learn more.
The case is Butterworth v. Jackson, S-1-SC-40623.