Lujan ex Rel. Lujan v. Casados-Lujan

1 Citing case

  1. Buffington v. McGorty

    136 N.M. 226 (N.M. Ct. App. 2004)   Cited 12 times
    Holding that in the context of Rule 1-053.2 NMRA domestic relations proceedings, due process requires that "the parties be given an opportunity to submit objections to a [domestic relations] hearing officer's report and recommendations" and "be heard by a judicial officer"

    See, e.g., id. (stating that after hearing on objections to the specials master's report, district court may adopt the report, modify it, reject it in whole or in part, receive further evidence, or recommit with instructions). As in Lujan v. Casados-Lujan, 2004-NMCA-036, ΒΆ 19, 135 N.M. 285, 87 P.3d 1067 (N.M.Ct.App. 2003), which involved a hearing before a special commissioner, we do not hold that "only a transcription of the hearing before the [hearing officer] will [e]nsure that the district judge plays his or her appropriate role." The nature of the hearing and review to be conducted by the district court will depend upon the nature of the objections being considered.