High Court Invalidates Cap on Attorney Fees in Appeals

The New Mexico Supreme Court ruled that a statutory cap on attorney fees enacted in 1987 does not apply to appeals. The high court said the law creates a potential conflict because a reasonable fee determined using rules adopted by the judiciary may exceed the cap on fees set by the Legislature.  "By attempting to govern attorney compensation within the judiciary in conflict with our rules, the Legislature has infringed our constitutional authority to regulate all pleading, practice and procedure in the courts," the high court said. As such, the court held that the attor...