Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dunn v. Brandt

Court of Appeals of New Mexico

July 18, 2019

A. BLAIR DUNN, Plaintiff-Appellant,
v.
KATHY BRANDT, Guardian Ad Litem for Second Judicial District Court, and SECOND JUDICIAL DISTRICT COURT, Defendants-Appellees.

          APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Albert J. Mitchell, Jr., District Judge

          Western Agriculture, Resource and Business Advocates, LLP A. Blair Dunn Albuquerque, NM Pro Se Appellant

          Brant & Hunt, Attorneys John M. Brant Albuquerque, NM for Appellee Kathy Brandt

          Hector H. Balderas, Attorney General Ari Biernoff, Assistant Attorney General Joseph Dworak, Assistant Attorney General Santa Fe, NM for Appellee Second Judicial District Court

          Martinez, Hart, Thompson & Sanchez, P.C. F. Michael Hart Julio C. Romero Albuquerque, NM Peter Klages Albuquerque, NM for Amici Curiae Advocacy, Inc., Pegasus Legal Services for Children, Martha Kaser, Sarah Armstrong, and Tiffany Oliver Leigh

          OPINION

          LINDA M. VANZI, JUDGE

         {¶1} Plaintiff A. Blair Dunn appeals the dismissal of his enforcement action under the Inspection of Public Records Act (IPRA). NMSA 1978, §§ 14-2-1 to -12 (1947, as amended through 2019). We affirm because disclosure of the records to Plaintiff is barred by a protective order or by the judicial deliberation privilege recognized in Pacheco v. Hudson, 2018-NMSC-022, ¶ 39, 415 P.3d 505.

         BACKGROUND

         {¶2} Plaintiff is the petitioner in a domestic relations matter in the Second Judicial District Court (the SJDC) that involves his child, now ten years old. See Dunn v. Dunn, No. D-202-DM-2011-00839. On Plaintiffs motion, the district court appointed Defendant Kathleen Brandt (Brandt) as guardian ad litem to the child. See NMSA 1978, § 40-4-8 (1993) (permitting appointments of guardians ad litem); see also Rule 1-053.3 NMRA (governing appointment of guardians ad litem in domestic relations cases).[1] Consistent with Rule 1-053.3(F), the order required Brandt to:

a. interview the child face-to-face outside the presence of both parents and counsel i[f] the child is [six] (6) years of age or older;
b. interview all parties and any available parent subject [to] Rule[] 16-402 NMRA;
c. interview each mental health professional treating the child after obtaining any necessary authorization[]
d. interview any other person[s] and/or review any relevant records the [guardian ad litem] deems reasonably necessary after ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.