Rule 1-079.1 NMRA. — Public inspection and sealing of court records; guardianship and conservatorship proceedings.

A. Scope of rule; Rule 1-079 NMRA. This rule governs access to court records in proceedings to appoint a guardian or conservator under Chapter 45, Article 5, Parts 3 and 4 NMSA 1978. This rule incorporates the provisions of Rule 1-079 NMRA in their entirety and is intended to supplement only the automatic sealing provisions set forth in Subparagraphs (C)(7) and (C)(8) of that rule. All other matters related to access to court records in guardianship and conservatorship proceedings, including motions to seal and unseal court records, remain subject to the provisions of Rule 1-079 NMRA.

B. Guardianship proceedings. All court records in proceedings commenced for the appointment of a person to serve as guardian for an alleged incapacitated person under Chapter 45, Article 5, Part 3 NMSA 1978, are confidential and shall be automatically sealed without motion or order of the court, subject to the firearm-related reporting requirements in Section 34-9-19 NMSA 1978 and the following:

(1) the register of actions and docket entries used by the court to document the activity in a case shall not be sealed and shall be subject to public access, provided that the court shall not disclose diagnostic, treatment, or other medical or psychological information;

(2) except as provided in Subparagraph (4) of this paragraph, persons identified in the petition under Section 45-5-303(B) NMSA 1978 shall be permitted to access the order appointing a guardian under Section 45-5-304 NMSA 1978 and all court records filed in the proceeding with a filing date that precedes the filing date of the order appointing a guardian;

(3) except as provided in Subparagraph (4) of this paragraph, access to court records filed after the order appointing a guardian under Section 45-5-304 NMSA 1978 shall be limited to the protected person, the guardian, and any other person the court determines under Section 45-5-307(G)(2) or (H) NMSA 1978, Section 45-5-309(D) NMSA 1978, Rule 1-140 NMRA, or Rule 1-141 NMRA; and

(4) access to a report filed by a qualified health care professional under Section 45-5-303(E) NMSA 1978, a visitor under Section 45-5-303(F) NMSA 1978, a guardian ad litem under Section 45-5-303.1 NMSA 1978, or a guardian under Section 45-5-314 NMSA 1978 shall be limited to the protected person, the petitioner, the visitor, the guardian ad litem, an attorney of record, an agent under a power of attorney unless the court orders otherwise, and any other person as determined by the court under Section 45-5-303(L) NMSA 1978.

C. Conservatorship proceedings. All court records in proceedings commenced for the appointment of a conservator under Chapter 45, Article 5, Part 4 NMSA 1978, are confidential and shall be automatically sealed without motion or order of the court, subject to the firearm-related reporting requirements in Section 34-9-19 NMSA 1978 and the following:

(1) the register of actions and docket entries used by the court to document the activity in a case shall not be sealed and shall be subject to public access, provided that the court shall not disclose diagnostic, treatment, or other medical or psychological information;

(2) except as provided in Subparagraph (4) of this paragraph, persons identified in the petition under Section 45-5-404(B) NMSA 1978 shall be permitted to access the order appointing a conservator under Section 45-5-407 NMSA 1978 and all court records filed in the proceeding with a filing date that precedes the filing date of the order appointing a conservator;

(3) except as provided in Subparagraph (4) of this paragraph, access to court records filed after the order appointing a conservator under Section 45-5-407 NMSA 1978 shall be limited to the protected person, the conservator, and any other person the court determines under Section 45-5-405(D) NMSA 1978, Section 45-5-415(G)(2) or (H) NMSA 1978, Rule 1-140 NMRA, or Rule 1-141 NMRA; and

(4) access to a report filed by a qualified health care professional under Section 45-5-407(C) NMSA 1978, a visitor under Section 45-5-407(D) NMSA 1978, a guardian ad litem under Section 45-5-404.1 NMSA 1978, or a conservator under Section 45-5-409 NMSA 1978 shall be limited to the protected person, the petitioner, the visitor, the guardian ad litem, an attorney of record, an agent under a power of attorney unless the court orders otherwise, and any other person as determined by the court under Section 45-5-407(O) NMSA 1978.

[Approved by Supreme Court Order No. 18-8300-005, effective for all cases filed, or pending but not adjudicated, on or after July 1, 2018 and for motions to seal or unseal filed in all cases on or after July 1, 2018; as amended by Supreme Court Order No. 19- 8300-019, effective December 1, 2019.]