LAW FIRM: "MARK HUMMELS WILL NOT SURVIVE"

UPDATE: 12:30 pm Friday. Mark Hummels has died.

This is the statement from my former colleague Mark Hummels' law firm Osborn Maledon:



Statement from Osborn Maledon:

Our friend and partner, Mark Hummels, was severely injured in yesterday’s senseless shooting. We have been informed that Mark will not survive from the shooting.
We are devastated at this news about our beloved friend. Our deepest sympathy and support pour out to his wife, Dana, and their two children. The trust and affection Mark inspired in every reach of our law firm and with his clients are a lasting testament we will always cherish.
We are sad beyond measure also to have lost our long‐time friend and client, Steven D. Singer, the CEO of Fusion Contact Centers, in this tragedy. Steve was a long‐time client of the firm and an accomplished entrepreneur. Our thoughts and prayers are with Steve’s family as well.
Mark Hummels is the best kind of lawyer – a man who is highly capable in his practice and caring to his core about his community. Still in the early years of his career, Mark has earned many accolades for his skill as an attorney. He is president of the Phoenix Chapter of the Federal Bar Association and highly regarded by the State and Federal bench. He was recognized by "Benchmark Litigation" as a "future star" in litigation. To judges, attorneys and other professionals, he is a trusted counselor in ethics and disciplinary proceedings.
Mark also has given back to the community at large, serving on the training committee for Arizona Town Hall and providing pro bono legal services to those who could not afford counsel. This giving spirit was enhanced during his early years as a reporter for the "Santa Fe New Mexican," an experience that honed his rare insights into people and our society.
Above all, Mark is the most decent of men. An adoring husband, dedicated father and true friend, Mark is what all of us aspire to be on our best days.
As has been reported, both Mark and Steve were engaged in a settlement conference before they were shot.
The loss of Mark and Steve in any circumstances would be a tragedy. For this to happen to them, while participating in a mediation, is beyond understanding, a terrible loss for us all

Former New Mexican Reporter Injured in Phoenix Shooting

One of my former partners in the New Mexican Capitol Bureau was among the injured today in a shooting at a Phoenix office complex.

Hummels in 2001

Mark Hummels, who covered local and state government for the paper in the late 1990s and early 2000s, was among at least three shooting victims, according to a CBS affiliate in Phoenix

The station quoted a statement from Osborn Maledon, the law firm where Hummels now works.

“Our partner, Mark Hummels was representing a client in a mediation today when he was shot. We understand that other people also were injured. As the news has reported, Mark has been taken to John C. Lincoln hospital. We don’t have any further info at this time. At the appropriate time, additional information will be released by the authorities.
“Our concern right now is for Mark and his family. We ask the news media to respect their privacy in this difficult time.”

Colin Campbell, a Phoenix lawyer with Osborn Maledon, earlier told the Arizona Republic that a fellow lawyer in the firm was shot in his neck and lower back.

CNN reports:

Hummels in recent years

"A man described as a white male, possibly older, went into an office, got into some type of an altercation, and he shot three individuals," Thompson said. "He fled the scene, we believe, before we got there."Thompson said he did not believe the shootings were random. "We believe that this individual was probably known to the victims," he said. "We believe that this individual came to this location, for whatever purpose, got into an argument, which turned into gunfire."

After a stint as a reporter at the Albuquerque Journal North, Hummels, worked at the the New Mexican beginning in 1998. (He interned for us in 1997) He initially covered City Hall before moving to the paper’s Capitol Bureau.

The two of us covered the 2001 session of the Legislature.

He left the paper in 2001 to go to law school.

UPDATE 4:09 pm  Some good news.

The Arizona Republic has obtained an email from Andrea Marconi, a lawyer with Fennemore Craig and president-elect of the Federal Bar Association (Hummels currently is president of that organization) to members of the Phoenix legal community.

“The latest information I have is that Mark has a strong pulse after surgery and the doctors are optimistic about his recovery, so this is encouraging news,”  the e-mail said.

Warp Speed for Spaceport Bill

People who observe the Legislature often complain that the legislative process is way too slow. But that’s certainly not the case with the bill that would limit lawsuits against parts suppliers and manufacturers involved in building spacecraft used in Virgin Galactic’s operation at the $209 million spaceport in southern New Mexico.

After reaching agreement between the New Mexico Trail Lawyers Association and Virgin Galactic late last week, Senate Bill 240, sponsored by Senate President Pro-tem Mary Kay Papen, D-Las Cruces, zipped through the Senate at warp speed. After a quick and positive hearing at the Senate Judiciary Committee earlier this week the full Senate on Wednesday voted unanimously to pass it with no discussion.

The bill goes on to the House.

The liability issue has been a major hangup in Virgin beginning its New Mexico operation. Bills that would have prevented passengers who sign “informed consent” waivers from suing the suppliers and manufacturers have stalled in previous legislative sessions.

Papen’s bill would require suppliers and manufacturers to have $ 1 million in liability insurance for the suppliers and manufacturers. It also would extend the contract between the spaceport and Virgin to 2021. Currently, the contract expires in 2018. Negotiations between the company and the trial lawyers began last year at the urging of legislative leaders.

Even though Papen’s bill apparently is on the fast track, there are some serious issues between the state and Virgin Galactic.

Earlier this week, the Associated Press reported that Virgin Galactic has agreed to start paying rent at the spaceport, but is doing so under protest and without waiving its right to walk away from the project

According to a Jan. 16 email to the New Mexico Spaceport Authority obtained by the wire service, Virgin Galactic said it does not believe the state has finished the work necessary to trigger activation of its $1 million annual rent obligation, and said if the work is not complete to its satisfaction by March 31, it ‘‘may either stop paying rent, pay reduced rent or give notice to terminate’’ its lease.

The company has publicly expressed concerns about the state’s inability to attract more businesses to the project and has hinted it could leave if lawmakers refuse for a third year in a row to expand liability exemptions for the commercial space industry.

In an interview with The New Mexican last week, Virgin Galactic president and chief executive officer George Whitesides said his company wants to operate in New Mexico’s spaceport.

“What we have been saying for a long time is that the natural attributes of New Mexico make it a perfect leader for commercial space,” he said. “That includes everything from, obviously, the spaceport facility itself to the weather, to the altitude, the airspace, to the [proximity to] federal facilities. What is necessary is continued efforts by the New Mexico Spaceport Authority to recruit additional businesses and, frankly, I think another big part of it is for us to get through the end of our development program and start operating.”

Whitesides said commercial space flights by Virgin Galactic using the spaceport could begin as soon as the end of the year — assuming the company’s test-flight program, currently taking place in Mojave, Calif., is successful.

More in tomorrow's New Mexican.

UPDATE: 1:40 pm I clarified a line about the suppliers and manufacturers having to have $1 in liability insurance. (Thanks, Jim)

Setback for License Bills

In the first test this year of what has been the most contentious issue of driver's licenses in the past three legislative sessions, a House Committee voted along party lines to effectively kill a bill, backed by Gov. Susana Martinez that would repeal a 2003 law that allows the state to issue licenses to undocumented immigrants.

The House Labor & Human Resources Committee took the vote on House Bill 132, sponsored by freshman Rep. Paul Pacheco, R-Albuquerque, following a three-hour hearing. All five Democrats on the panel voted to table the bill while all four Republicans voted to keep it alive.

Following that debate, the committee also tabled HB 161, sponsored by Rep. Bill Rehm, R-Albuquerque. His bill would have repealed the 2003 law. Unlike Pacheco's bill, it would have revoked all licenses already granted to illegal immigrants.

But while tabling a bill in committee normally means an issue is dead in a legislative session, that's probably not the case with the driver's license matter, which Martinez has made a key priority of her administration since taking office two years ago.

House Speaker Kenny Martinez, a member of the Labor committee, said during Tuesday's debate that the Legislature should seek a middle ground in solving problems with fraud brought up by Pacheco and Martinez's Tax & Revenue Secretary Demesia Padilla.

Since the beginning of this session, Senate Republican Leader Stuart Ingle of Portales and Sen. John Arthur Smith, D-Deming, have said they are working on a compromise driver's license bill. The governor has indicated she might consider signing such a bill if she can't get a full repeal. Ingle and Smith have said their bill would be based on the Utah law that issues driver's permits to undocumented residents — but not driver's licenses that can be used for identification.

However neither senator has filed a driver's license bill yet.

One possibility is that bill supporters on the House floor could "blast" Pacheco's bill out of the committee for immediate debate by the full House. This happened in 2011 with a similar bill backed by the governor. That bill passed the House but died in the Senate. However since that time, Republicans have lost seats in the House, now controlled by Democrats by a 38-32 margin. It's not clear whether supporters would have the votes to go the "blasting" route.

More in Wednesday's New Mexican

Driver's License Dance Starts Today

Just one day after the marathon committee hearing about the gun control bill, today it's turn for another controversial -- stopping the issuance of New Mexico driver's licenses to illegal immigrants.

The House Labor & Human Resources Committee is scheduled this afternoon to consider two such bills -- House Bill 132, sponsored by Rep. Paul Pacheco, R-Albuquerque (this is the one Gov. Susana Martinez is backing), and HB 161, sponsored by Rep. Bill Rehm, R-Albuquerque.

The meeting is scheduled to begin at 1:30 p.m. (right!) or after the House floor session is over.

Hopefully the Labor Committee will take a clue from the House Judiciary Committee yesterday and move the hearing to the House Chambers if a big crowd, as expected, shows up.

House Judiciary Committee Kills Gun Background Checks Bill

Following a four-and-a-half hour debate Monday, a House committee effectively killed a proposed law that would require the state Department of Public Safety to perform background checks on people buying firearms at gun shows or in private transactions.

House Bill 77, sponsored by Rep. Miguel Garcia, D-Albuquerque was introduced in response to last month’s shooting rampage at an elementary school in Newtown, Conn. Currently only those who buy weapons from licensed firearms dealers have to undergo background checks.

The House Judiciary Committee voted 8 to 8 to pass the bill. But because the bill wasn't backed by a majority, it failed. All Republicans on the committee plus Democratic Rep. Eliseo Alcon, D-Milan voted against the measure.

The bill was the first major controversial bill to be considered by this year's Legislature.

So many people showed up to attend the hearing, the committee meeting was moved from the regular committee room to the House Chambers.

Early in the hearing several people in the House gallery jeered Garcia when he mistakenly said that federal law requires  background checks only for people who buy handguns from licensed dealers. At least one person angrily yelled, "Lie!"

The committee chairman Rep. Gail Chasey, D-Albuquerque, threatened to have sergeants at arms remove anyone causing any further disturbance. No other such outbursts occurred.

More in tomorrow's New Mexican

Who's Paying for This Party?

Every year during the session I track the lobbyist expense reports, which, by law, are required to be  filed within 48 hours of spending $500 or more.

My first story on this was in Saturday's paper.

What I learned on Friday is that several events listed in the Legislature's social calendar that looked like they probably cost over $500 were not listed in the reports that have been filed so far.

There might be some legitimate reasons for these -- i.e. the group that put on the party doesn't have a registered lobbyist.

But if that's the case, shouldn't there be some kind of mechanism to track that? My feeling is that they're our representatives and we ought to know who's buying them drinks.

And remember, there's nothing illegal about lobbyists spending money on legislators as long as they keep within the limits and file their reports.

Watch this blog and The New Mexican for periodic updates on lobbyist spending.

UPDATE: 12:08 pm  I was just contacted by Bryan Wilcox of Presbyterian Health Services who informed me that he did filed an expense report to the Secretary of State's Office for a Legislative Appreciation Dinner on Jan. 16 at La Posada. The company spent $11,136 on that event.