Legal FACS Mission and Facts

Mission Statement

To provide access to justice for children and families by empowering and educating indigent civil litigants and victims of domestic violence with legal assistance and social support.

Legal FACS strives to provide free and low cost legal services to low income persons with civil legal problems through referral to volunteer attorneys for individual cases, direct representation in some matters, and by using volunteer attorneys and advocates to give information and forms to self-represented litigants and victims of domestic violence.

History of Legal FACS

Legal FACS, established in 1971 as Legal Services Corporation, and then the Albuquerque Bar Volunteer Lawyers Office, rose to meet the dire need for legal assistance for low income people. For its first 20 years, Legal FACS acted as a pro-bono referral agency, directing individual clients to volunteer attorneys for representation. In 1990, a committee of Albuquerque Bar Association members and local judges met to brainstorm how volunteer attorneys could more efficiently serve the increasing numbers of low income pro se litigants. After a three year struggle to obtain malpractice coverage, the Courthouse Lawyer Service (CLS) or "Booth", as it was then known, was launched to serve people with domestic relations and domestic violence issues. This involved volunteer attorneys working out of court donated space to assist low income litigants.

The CLS structure empowers people and teaches them to help themselves through some of the most difficult issues they will face in their lifetime. CLS volunteer attorneys meet individually with litigants and provide them with forms and instructions on how to proceed in their case. In 1999, the format expanded into Metropolitan Court to assist low income litigants in small claims and landlord/tenant disputes. Domestic violence victims receive individual counseling or direct representation, which often prevents victims from dismissing their cases because of fear or intimidation by abusers or the system. The Forms Clinic, also introduced in 1999, allows low income litigants to meet individually with a paralegal or student and learn how to complete and file their cases. Today Legal FACS has a staff of qualified attorneys who will also provide limited and full representation to victims of domestic violence in Bernalillo, Sandoval, Torrance and Valencia Counties.

Legal FACS is a 501(c)(3) non-profit corporation, which heavily depends on the generosity of our supporters and volunteers through their donation of time and financial support to our mission of assisting low-income individuals and families with domestic and small claims cases, and assisting victims of domestic violence. If you would like to help keep our service going, consider making a tax deductible contribution now to Legal FACS,924 Lomas Ave. NW, Albuquerque, NM 87102, or volunteer for one of our programs.

Eligibility for Services

Litigants must qualify under our eligibility Guidelines and established priorities prior to seeing our volunteer lawyers.  Proof of income is required. The CLS is funded by the Center for Civic Values, the New Mexico Civil Legal Services Commission, and United Way of Central NM. 

To Be Eligible, You Must:

1. Have an income less than 200% of poverty line.  Income adjustments based on cost of living are usually made in May of each year.

2. Have a small claim or landlord/tenant case in the New Mexico courts.

3. Be unable to pay to hire an attorney to assist you.

4. Be willing to do your case yourself.

Services

It is important at the outset that self-represented persons recognize that they are required to follow the same rules of procedure and evidence as a party represented by a lawyer. It is the responsibility of every litigant, including self-represented parties, to determine what needs to be done and to take the necessary action.

Courthouse Lawyer Service (CLS)
Volunteer attorneys talk with litigants and provide forms and instructional materials to help them handle their own cases.

DISTRICT CLS

The District Court CLS helps in Domestic Relations (DR) cases and Change of Name proceedings ONLY. In child custody disputes, volunteers will not assist after the Court Clinic Advisory Consultation level of involvement.

Help Available:  Basic forms and step by step instruction to help clients represent themselves in domestic relation matters.
 

• Information and forms to file answers if served with a domestic matter petition.
• Information and forms to modify or enforce agreement or judgment.
• Information on how to present your own domestic matter court case.

When one stage is completed, clients can return for subsequent steps. A schedule of times we expect to be open is available at our office. Because our volunteers have schedules that may change at short notice, we may not be open as scheduled. No appointment is necessary; service is on a first come, first served basis.

METROPOLITAN CLS
The Metropolitan Court CLS helps in Small claims cases and Landlord/Tenent proceedings ONLY.

Help Available:  Basic forms and step by step written instruction to help clients represent themselves in small claims cases and tenant disputes.

• Information and forms to file answers if served with a Metro civil complaint.
• Information and forms to collect a judgment.
• Information on how to present your own civil metro court case.

Volunteers can check over completed papers before filing and help with wording with specific parts of the form. When one stage is completed, clients can return for subsequent steps. To schedule a time please call our office. Because our volunteers have schedules that may change at short notice, we may not be open as scheduled.

Rules for Courthouse Lawyer Services

We will not second guess your own lawyer or tell you what to do. We will give you information and materials, but cannot make up your mind for you. We do not guarantee any result. We cannot assist you if you do not qualify under our financial guidelines. We cannot help you if you are probably eligible for fairly immediate representation through another existing program or agency. We do not take over your case. The attorney on duty will answer questions you have at that time but will not be available for questions you have later; however, you can return to the CLS and have your questions answered by the volunteer there at that time. Our volunteers will NOT go to court with you. We will not prepare your papers. We will give you materials and ideas but YOU must do your own papers. If you need help completing your forms, make an appointment for assistance through our Forms Clinic. Materials are available by personally meeting with one of the volunteer lawyers or through our office.

Forms Clinic
The Forms Clinic only provide help filling out forms that deal with domestic matters. No matter where you obtained the forms (District Court, Legal FACS CLS, or another agency), Forms Clinic can help you complete you form, so if you need help completing your forms, make an appointment for assistance through our Forms Clinic.
Forms Clinic personnel can not give legal advice.
                                         
Legal FACS staff attorney supervises the Forms Clinic.  Appointments must be made in advance by calling our office. Forms Clinic services are limited to domestic relations and domestic violence pleadings The Forms Clinic works collaboratively with Central New Mexico Community College (CNM) Legal Studies Department and the University of New Mexico Law School to use their students and our legal assistants to help litigants complete their legal forms. After a person has been through our Courthouse Service students/legal assistants help them fill out their forms at the Forms Clinic.

Advocate Services

The Legal FACS Domestic Violence Project provides advocacy, limited legal services and representation for low income victims of domestic violence free of charge. Legal representation is provided by licensed attorneys in Bernalillo, Sandoval, Torrance, and Valencia Counties
We emphasize service to victims of domestic violence and sexual assault, including representation at protective order hearings and other court appearances. Legal services are provided as a compliment to our Domestic Violence Project. Three domestic violence advocates (operating under a DOJ rural grant) provide advocacy, outreach and training to victims of domestic violence in the four-county area. In cases of extreme need, our staff attorney represents the victim during her protective order or divorce case.
    
Help Available:
●  Advocate assistance in filing for Orders of Protection and court                              proceedings.

●  Education and training for victims of domestic violence, service providers, law       enforcement, and court officials.

● Referrals to other service providers for emergency shelter, housing, public assistance, medical care, mental health support, and other support services.

●  Legal representation during Order of Protection hearings.

●  Development of personalized Safety Plans.

WHAT YOU CAN DO IF YOU ARE IN AN ABUSIVE RELATIONSHIP

Talking to someone about the abuse is the first step in changing your situation.
Contact a domestic violence shelter. They can offer support, services, and information even if you are not ready to leave. YOU ARE NOT ALONE.

If you know someone who is being abused, be supportive, listen, offer options that will increase safety and encourage them to call a shelter for information.

If you know children who are witnessing domestic abuse, offer support and help them to understand that it is not their fault.
What is an Order of Protection? It is a court document, also called a Restraining Order, issued by the court to protect you and your children from someone who is abusing or harassing or stalking you.

ORDERS OF PROTECTION
Orders of Protection may be obtained in the following New Mexico counties:

Bernalillo County Courthouse is located at 400 Lomas NW in Albuquerque. The Domestic Violence Division is on the second floor. (505) 841-6737

Sandoval County Courthouse is located at 100 Avenida de Justicia in Bernalillo.
(505) 867-2376

Torrance County Courthouse is located at 903 N. 5th in Estancia. (505) 384-2974

Valencia County Courthouse is located at 444 Luna Avenue in Los Lunas. (505) 865-4639.

For filing Protective Orders in other counties and tribal communities, contact the local courthouse.

Legal FACS Board of Directors

• Co-President: Leigh Anne Chavez
• Co-President: Alfred Mathewson
• Vice President: Brad Zeikus
• Treasurer: Lisa Stifel
• Secretary: Amanda Hartmann
• Executive Director: Andre Shiromani
• Helen Bennet
• James Burroughs