10 Essential Facts About The New Mexico Court Of Appeals: Key 2025 Decisions And Judicial Changes
The New Mexico Court of Appeals (NMCA) continues to be a central pillar of the state's judicial system, operating as the intermediate appellate court responsible for reviewing the majority of civil and criminal cases originating from district courts and certain administrative agencies. As of December 21, 2025, the court is navigating a period of significant transition, marked by recent judicial appointments and the issuance of several high-profile formal opinions that clarify New Mexico law for attorneys and citizens alike. Understanding the NMCA's current composition and its most recent rulings is essential for anyone tracking the legal landscape of the Land of Enchantment.
This article provides a deep dive into the most current and pressing information surrounding the NM Court of Appeals, including the complete roster of its judges, the details of a major 2025 decision regarding constitutional rights, and the court's fundamental role in the state's three-tiered judicial structure. The latest updates, including new judicial appointments, ensure this information is fresh and relevant to the current legal climate.
The Current Composition of the New Mexico Court of Appeals (2025)
The New Mexico Court of Appeals is structured to consist of ten judges, who typically sit in panels of three to hear arguments and render decisions. A majority of two judges is required for any formal opinion. The court’s composition is dynamic, with judges serving eight-year terms and being selected through a hybrid system of appointment and election. Associate judges received a salary of $227,599 in 2025.
Key Judicial Appointments and Resignations in 2025
The year 2025 has seen notable changes to the court's bench, ensuring the information presented here is the most current available:
- New Appointment: Governor Michelle Lujan Grisham announced the appointment of Kristopher Nicolas Houghton to the Court of Appeals on August 5, 2025. This appointment fills a key vacancy on the bench.
- Recent Resignation: A vacancy was created on June 8, 2025, due to the resignation of the Honorable Kristina Bogardus, effective the day prior.
Complete NM Court of Appeals Judge Roster and Biography Profile
Below is a list of the current and most prominent members of the New Mexico Court of Appeals, reflecting the bench's composition as of late 2025:
- Chief Judge Jacqueline R. Medina
Role: Chief Judge (Elected by her colleagues to this administrative post).
Notable Fact: Elected to the court in 2018, she is the first Taos native to serve on an appellate court in New Mexico.
- Judge J. Miles Hanisee
Role: Associate Judge.
Notable Fact: Served on the court since his appointment in 2011, bringing over a decade of appellate experience.
- Judge Kristopher Nicolas Houghton
Role: Associate Judge (Newest member).
Notable Fact: Appointed in August 2025, he represents the newest perspective on the bench, filling a critical vacancy.
- Judge Katherine Anne Wray
Role: Associate Judge.
Notable Fact: Elected to the court in a special general election on November 8, 2022, securing her position for a full term.
- Judge Jennifer L. Attrep
Role: Associate Judge.
- Judge Shammara Henderson
Role: Associate Judge.
- Judge Zachary A. Ives
Role: Associate Judge.
- Judge Michael D. Bustamante
Role: Associate Judge.
- Judge Jane B. Yohalem
Role: Associate Judge.
- Judge Megan P. Duffy
Role: Associate Judge.
Landmark 2025 Decision: Atencio v. State of New Mexico
One of the most significant formal opinions issued by the New Mexico Court of Appeals in 2025 was the June 3rd decision in Atencio v. State of New Mexico. This ruling is crucial for understanding the scope of individual rights under the state constitution and the ability of citizens to sue the government for alleged constitutional violations.
The Core of the Atencio Ruling
The case revolved around the question of whether the New Mexico Constitution provides a private right of action—the ability to file a lawsuit—for damages resulting from violations of certain constitutional provisions. The Court of Appeals reversed a lower court's order, holding that the state constitution does not inherently provide a private right of action for damages against the State for alleged constitutional violations. This is a major legal development that impacts civil litigation and the accountability of state agencies in New Mexico.
The decision emphasizes that while the constitution protects individual rights, the power to create a mechanism for seeking monetary damages for those violations rests primarily with the Legislature. This ruling is already being closely analyzed by constitutional law experts and civil rights attorneys across the state.
Jurisdiction, Role, and the Path to the NM Supreme Court
The New Mexico Court of Appeals serves a vital function as the state's intermediate appellate court, bridging the gap between the trial courts and the highest judicial authority, the New Mexico Supreme Court. It is a court of error correction, meaning its primary job is to review the records of lower court proceedings to ensure that the law was applied correctly and that due process was followed.
What Cases Does the NMCA Hear?
The NM Court of Appeals has jurisdiction over the majority of appeals filed in the state. Its docket is extensive and diverse, covering a wide range of legal areas, including:
- Civil Appeals: These encompass everything from family law disputes (divorce, child custody) and medical malpractice to business litigation, contract disputes, and administrative agency appeals.
- Criminal Appeals: The court hears appeals in most non-capital criminal cases. Capital felony cases (those involving the death penalty, though New Mexico has abolished it) and certain other matters bypass the NMCA and go directly to the Supreme Court.
- Interlocutory Decisions: The court also has discretionary jurisdiction in cases involving interlocutory decisions, which are rulings made by a trial court before a final judgment is entered.
The Appellate Process and Topical Authority
When a party loses a case in a New Mexico District Court and believes a legal error occurred, they file a notice of appeal with the NM Court of Appeals. The court does not retry the facts of the case; instead, it reviews the written record, briefs filed by the attorneys, and often hears oral arguments.
The decisions of the NMCA are crucial because they establish binding precedent for the district courts and other lower tribunals throughout the state. This is how the court builds "topical authority" in New Mexico law, interpreting statutes and constitutional provisions for application in future cases. For example, recent opinions from 2024 and 2025, such as State of New Mexico v. Melvin John Billey and Mottola v. Triad Nat'l Sec., LLC, further refine the state's jurisprudence on criminal procedure and civil liability.
If a party is dissatisfied with a ruling from the Court of Appeals, they may petition the New Mexico Supreme Court for further review. However, the Supreme Court has the discretion to accept or deny the petition, meaning the NMCA's decision is often the final word for the vast majority of New Mexico's legal disputes.
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