Legal Services
PROCEDURE FOR DELIVERY OF LEGAL SERVICES TO THE ALBUQUERQUE PUBLIC SCHOOLS
Just a reminder! Whenever you or a member of your staff receives a call concerning a lawsuit issue or a lawyer requesting information, you must call my office (842-3644) to receive a case number for legal counsel. All calls to the district's legal counsel by any one in APS must have prior approval. The Modrall law firm will request from each caller the APS case number to ensure that authorization has been given. Out of courtesy, please contact your assistant superintendent to inform them of any legal contacts.
The following protocol or procedure will be followed under the contracts for legal services with the Albuquerque Public schools beginning in 1998.
1. Modrall, Sperling, Roehl, Harris & Sisk, P.A. ("Modrall"), will serve on all matters as general counsel to the Albuquerque Public Schools, except as hereinafter specified.
2. Keleher & McLeod, P.A. ("Keleher"), will serve as back-up counsel to the Albuquerque Public Schools in those instances where Modrall is unable to provide legal services because of a conflict of interest.
3. Beall & Biehler will provide legal services to the Administration for all personnel issues, including employee related EOS and ADA issues, as well as employee appeals to the Board of Education based upon a notice of termination pursuant to Sections 22-10-14 and 22-10-17, NMSA 1978.
Determination of Conflict of Interest
Modrall will be contacted with regard to those issues which, in the determination of the Board or the Administration, require legal advice or assistance, including matters in litigation. It will be incumbent upon Modrall in accordance with their professional and ethical responsibilities as set out in the New Mexico rules of Professional Conduct, which are binding on all lawyers in the state of New Mexico, to determine if a conflict of interest exists. In those instances where a conflict of interest exists, Modrall will advise the president of the Board of Education and the Superintendent of the existence of the conflict which will either preclude or limit the firm’s ability to provide legal assistance or advice. Upon determination of the existence of a conflict by Modrall and following notification of same to the president of the Board of Education and the Superintendent, the firm of Keleher & McLeod will be contacted by either the president of the Board, the Superintendent, or Modrall to request that they assume responsibility for providing legal services or advice on the matter in question or to provide representation in a pending legal action against the Board or the District. With regard to appeals by employees, upon a recommendation of termination, pursuant to Section 22-10-14 or 22-10-17, NMSA 1978, the firm of Beall & Biehler will represent the Administration at the hearing before the Board of Education. Modrall will advise the Board at the termination hearing. Should the employee file an appeal from the decision of the Board, pursuant to Section 22-10-14.1 or 22-10-17.1, NMSA 1978, Modrall will represent and defend the decision of the Board.
(Updated 7-04)
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