Morgan Lyman, Attorney-at-Law

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Private Law Practice, 1993-present, and 1986-1989.

Public entity and government and administrative law defense practice, generally.  Statewide, Las Cruces based. Trial practice and advisory counsel. Engage in complex discovery. Take depositions of medical providers and other experts. Actively engage in alternative dispute resolution and settlement issues. 1997 – present.

Special Education Due Process Hearing Officer (administrative law judge) with the New Mexico Public Education Department. 1998 – present.

Ethics Hearing Officer (administrative law judge) with the New Mexico Public Education Department. 2007-present.

Hearing and Water Quality Officer (administrative law judge) with the New Mexico Environment Department. 1993-1996.

 Due Process Hearing Officer, Bureau of Indian Affiar sand Wyoming Department of Education (by contract).  2008-2009.

Assistant Federal Public Defender, District of New Mexico, Las Cruces, New Mexico, 1991-1992.

Statewide Labor Mediator and Assistant General Counsel, New Mexico Workers’ Compensation Administration, Albuquerque, New Mexico, 1990-1991.

Full-time settlement facilitator. Mediated statewide labor disputes throughout the State of New Mexico. Issued recommended resolutions pursuant to mediation/binding arbitration. Strong working knowledge of employment-related medical and legal issues. Also served as in-house counsel.

Advised agency director and staff. Litigated enforcement actions in state courts and non-compliance shut-downs as special assistant Attorney General. Formulated administrative rules and regulations. Acted as liaison to state legislature during enactment of workers’ compensation legislation.

Litigation Associate Attorney, Gallagher, Casados & Mann, P.C., Albuquerque, New Mexico, 1989-1990.

General civil insurance defense attorney in torts, bad faith, and real property matters. Commercial, construction, and real property law. Medical malpractice review board associate. Deposed fact and expert witnesses. Propounded and answered written discovery. Assisted in drafting appellate brief in accident representing national moving company involving application of federal transportation regulations. Assistant counsel in significant, complex, class action involving civil RICO claims against major developer.

Alternate Municipal Judge, City of Rio Rancho, 1991, and City of Las Cruces, New Mexico, 1988-1989.

Presided over misdemeanor cases. Conducted arraignments, bond hearings, motions hearings, and trials. Sentenced offenders. Acted on applications for search and arrest warrants. Exercised discretion. Applied the law. Ensured adherence to all applicable court rules and procedures.

Assistant Staff Judge Advocate, CAPT, United States Air Force, Hill Air Force Base, Utah, and Zaragoza, Spain, 1982-1986.

Special Assistant United States Attorney; United States District Court for the District of Utah. Litigated actions under Assimilative Crimes Act before United States Magistrate Judges.

Prosecuted courts-martial. Prepared trial and administrative discharge materials. Assisted USAFE urinalysis prosecution under direction of supervisory trial counsel Lindsey Graham, now United States Senator, South Carolina.

Hospital counsel. Drafted hospital regulations, including "Do Not Resuscitate" procedures. Investigated and researched medical malpractice claims in defense of health care providers. Drafted malpractice claim recommendation papers to regional counsel. Served as claims officer. Handled subrogation claims. Defended Federal Tort Claims Act cases.

International law practitioner. Acted as trial observer. Assured compliance with agreements and treaties pertaining to United States servicemen prosecuted by Spanish courts. Interpreted international agreements between the United States and Spain. Instructed pilots and staff on the Law of War.

AF Training Ribbon. AF Overseas Long Tour Ribbon (Spain). Letter of Commendation (JACC tort settlement action).

Associate Attorney, Law Office of Hilton Dickson, Silver City, New Mexico, 1982.

Advised Silver City town council. Prosecuted misdemeanor cases. Litigation, civil jury trial. Drafted legal instruments. Conducted commercial litigation. Advised clients on estate and probate matters. Supervised by Hilton Dickson, deceased.

Law Clerk, Moses Goldberg, Inc., San Antonio, Texas, 1980-1981.

Drafted legal memoranda with particular emphasis in commercial law, tax law, Uniform Commercial Code from a defense perspective. Law school employment. Supervised by Moses Goldberg.

EDUCATION

Juris Doctor, St. Mary's University, School of Law, San Antonio, Texas, December, 1981. Recipient of American Jurisprudence Award in Administrative Law.

Bachelor of Arts, Western New Mexico University, Silver City, New Mexico, May, 1979, Pi Gamma Mu with honors. Dual Major in Economics and Social Science.

SIGNIFICANT CONTINUING LEGAL EDUCATION

Annual Due Process Hearing Officer Training Sessions, various locations, ten years.

Federal Judicial Center Seminar, Snowbird, Utah, September, 1996.

Federal Judicial Center Seminar, San Francisco, California, September, 1995.

National Criminal Defense College, Macon, Georgia, June 1992.

Claims and Tort Litigation School, Hospital Counsel, United States Air Force, Montgomery, Alabama, March, 1984.

United States Air Force Tax Program, Berlin, Germany, January, 1985.

 Admitted in New Mexico (1982) and Georgia (1999, inactive).  Over the years, appearances as a counsel in actions in Georgia, New Mexico, Texas, Utah, Wyoming,  Spain, and the 10th Cir. Ct. App. (Denver).

Who We Are

ADDITIONAL ACCOMPLISHMENTS AND AWARDS

Featured Legal Presenter, Southern New Mexico Workers’ Compensation Association Conference, Ruidoso, New Mexico, 2006-2007, 2007-2008.

Administrative IDEA Hearing Officer, N.M. Department of Education, 1998-present.

Administrative Hearing Officer, N.M. Environment Department, 1993-1996.

Trial Coach, Mock Trial Team, San Andres High School, 1997-1998.

Founding Trial Coach, Mock Trial Team, Gasdsen High School, 1996-1997, 1997-1998.

Coordinator, Las Cruces Law Day, State Bar of New Mexico, 1988.

Liaison, New Mexico Diamond Anniversary Celebration, State Bar of New Mexico, 1987.

Paralegal Instructor, Albuquerque Career Institute, 1986.

Adjunct Instructor of Business Law, University of Maryland, European Division, 1984-1986.

Radio Show, Smile, It's Justice, Armed Forces Radio Service, Zaragoza Air Base, 1985.

Who’s Who in American Colleges and Universities, 1978.

University Senator and Disciplinary Board Member, 1978.

Intern, New Mexico State Senate Finance Committee (with Senator Ben D. Altamirano), 1978.

Admitted before the state and federal courts of New Mexico, the Tenth Circuit Court of Appeals, the Western District of Texas, the District of Utah, Georgia (inactive), the Court of Military Appeals, and the United States Supreme Court. 

R Morgan Lyman, Point-Checkpoint, an Informal Opinion, 19 The Champion 47 (1995).

R Morgan Lyman, The United States Constitution and New Mexico, 6 State Bar of New Mexico News and Views 317 (1988).

Published Opinions, as Counsel:

United States v. Vasquez-Pulido, 155 F.3d 1213 (10th Cir. 1998), cert. denied, 525 U.S. 978, 119 S. Ct. 437, 412 L. Ed. 2d 356 (1998) (mental health expert standard).

United States v. Maestas, 2 F.3d 1485 (10th Cir. 1993) (pretext, border checkpoint).

United States v. Ludlow, 992 F.2d 260 (10th Cir. 1993) (border checkpoint standard).

United States v. Gonzales-Acosta, 989 F.2d 384 (10th Cir. 1993) (Fourth Amendment, border checkpoint) (construed in 4 W. LAFAVE, SEARCH AND SEIZURE, A TREATISE ON THE FOURTH AMENDMENT, § 11.2(d) (2d ed. 1987 & Supp. 1994).

United States v. Carreon, 872 F.2d 1436 (10th Cir. 1989) (standard for search at international border).

Rodriguez v. La Mesilla Const. Co., 123 N.M. 489 (Ct. App. 1997) (workers’ compensation grid formula, medical experts, whole record review).