Rule 10-163. Special masters.

A. Appointment. A special master may be appointed by a children’s court judge pursuant to the provisions of this rule to assist in any children’s court proceeding. B. Qualifications. Any person appointed to serve as a special master pursuant to this rule shall: (1) have been licensed to practice law in the State of New Mexico for at least three (3) years; and (2) shall be familiar with children’s court matters. C. Powers. Unless the order otherwise specifies, the special master has the power to perform any of the functions of a children’s court judge pursuant to the provisions of the Children’s Court Rules except as provided in this paragraph. All recommendations of the special master are contingent upon the approval of the children’s court judge as provided in Paragraph F of this rule. (1) Proceedings under the Abuse and Neglect Act. The special master in a proceeding under the Abuse and Neglect Act, Sections 32A-4-1 to -34 NMSA 1978, shall not preside at an adjudicatory hearing or a trial on a motion to terminate parental rights without concurrence of the parties. (2) Proceedings under the Delinquency Act. The special master in a proceeding under the Delinquency Act, Sections 32A-2-1 to -33 NMSA 1978 , has the power to make a judicial determination of probable cause, to preside over a detention hearing, to advise a party of basic rights, and to appoint counsel, a guardian, or a custodian without concurrence of the parties. The special master shall not preside over any other proceeding unless the child waives the right to have a children’s court judge preside over such proceedings and consents to the special master. A waiver shall be in writing in a form substantially approved by the Supreme Court and shall note the consent of the child and the state. D. Duties. The special master shall prepare a report including proposed findings of fact and conclusions of law on the matters submitted to the special master by the order of appointment. The report shall be filed with the court and copies shall be served on all parties in accordance with the provisions of these rules. E. Exceptions to report. Any party may file exceptions to the special master’s proposed findings, conclusions, recommendations or proposed orders. Exceptions shall be in writing, filed with the clerk within five (5) days after service of the master's report and shall set forth: (1) those items to which exception is taken; (2) a short resume of all facts relevant to the issues presented for review with appropriate references to the pages of the record proper and pages or sequential time or counter numbers of the transcript. If reference is made to evidence the admissibility of which is in controversy, reference shall be to the place in the transcript of proceedings where the evidence was identified, offered and received or rejected; (3) a citation to any authority which may assist the children’s court judge in reviewing the exceptions; and (4) a statement of the precise relief sought. F. Children’s court proceedings. After receipt of the special master’s report: (1) Review of recommendations. (a) The court shall review the recommendations of the special master and determine whether to adopt the recommendations. (b) If a party files timely, specific objections to the recommendations, the court shall conduct a hearing appropriate and sufficient to resolve the objections. The hearing shall consist of a review of the record unless the court determines that additional evidence will aid in the resolution of the objections. (c) The court shall make an independent determination of the objections. (d)The court may adopt the recommendations, modify them, reject them in whole or in part, receive further evidence, or may recommit them to the special master with instructions. (2) Findings and conclusions; entry of final order. After the hearing, the court shall enter a final order. When required by law the court also shall enter findings and conclusions. G. Removal of special masters. In any proceeding, upon motion of any party upon good cause shown, or upon the court’s own motion, the children’s court may at any time remove the special master from acting in that proceeding. H. Time limits. No time limit set forth in these rules shall be tolled or enlarged because of the appointment of a special master. If a special master is assigned to make recommendations on a proposed admission or consent decree for a child who is in detention, the special master shall submit the special master’s recommendations to the court within five (5) days after the admission or consent decree has been referred to the special master.