Additional proposed new local rule for notice and comment

The Court proposes the addition of NM LBR 9019-3 - Mediation to the rules recently published for notice and comment. NM LBR 9019-3 authorizes the Court to appoint bankruptcy judges from other districts to serve as Court-appointed mediators, and clarifies that such mediators and all Court employees who may assist the mediation judge with the mediation will have judicial immunity and other protections for all actions taken in connection with the mediation. The new rule also contemplates that the Court may appoint non-judge mediators who will have quasi-judicial immunity with respect to the mediation to the maximum extend permitted by law. The proposed new NM LBR 9013-3 provides:

9013-3 Mediation.

• Appointment Order. The Court may appoint another available active or recall status United States Bankruptcy Judge from any judicial district to act as mediator to assist in possible resolution of disputes through mediation. The details regarding the appointment of a particular settlement judge will be specified in a mediation order.

• Process for Appointment. If the parties request judge-assisted mediation, the Court will contact the potential mediation judge (directly or through court staff) to confirm that such judge is willing and able to serve as mediator.

• Judicial Immunity and Other Protections. Any active or recall status bankruptcy judge appointed as mediator will be so appointed because of a judicial position as, and to act in the specific capacity as, a United states Bankruptcy Judge. By serving as a mediator, such judge performs judicial duties. Accordingly, such judge and all persons assisting a mediation judge will have full, unqualified, judicial immunity, as well as all other privileges, immunities, and protections of a United States Bankruptcy Judge and judiciary employees, regarding any matter arising from or related to such judge's role as mediator.

• All parties participating in the mediation process will automatically:
• Waive and be unable to assert any claims or causes of action against the mediation judge or any court employees assisting with the mediation process that arise from or relate to the mediation process; and

• Except as may be required by otherwise applicable disclosure law, waive and be unable to seek to compel from the mediation judge or from any court employees assisting with the mediation process any oral or written testimony, document production (including, without limitation, regarding any records, reports, summaries, notes, communications, or other documents received or made by the mediation judge or any court employees while serving in such capacity), or other participation whatsoever in any litigation, judicial arbitral, or other proceeding of any kind.

The mediator judge may, in his or her sole discretion, require that the parties sign an agreement memorializing the above understandings before agreeing to serve as mediator.

• No judge may serve as mediator if that judge would be disqualified (i) under 28 U.S.C. § 144 if that judge were a district judge presiding over the matter or proceeding, or (ii) under 28 U.S.C. § 455 if that judge were a justice, judge, or other judicial officer presiding over the matter or proceeding, in each case unless the parties consent in writing after disclosure.

• Non-judge mediators. The Court may appoint a mediator who is not an active or recall status United States Bankruptcy Judge (a "non-judge appointed mediator") to act as mediator to assist in possible resolution of disputes through mediation. A non-judge appointed mediator shall have quasi-judicial immunity to the maximum extent permitted by law. The provisions of subsection (d) apply to all parties participating in mediation by a non-judge appointed mediator.

The proposed new and revised local rules posted to the Court's website (https://www.nmb.uscourts.gov/court-info/local-rules-and-orders) for public comment now includes NM LBR 9013-3. The deadline to submit comments is September 30, 2025. All comments will remain anonymous to Judge Jacobvitz and chambers staff. Comments may be submitted to the Court by email: [email protected]. Or, written comments may be sent by mail to United States Bankruptcy Court, Attn: Local Rule Comments, 333 Lomas Blvd., Suite 360, Albuquerque, New Mexico 87102.