Zachary A. Ives
Practice Areas:
Criminal and Civil Appeals; Criminal and Civil Trials;
Post-Conviction Relief; Civil Rights; Class Actions;
Employment Law
Zach began practicing with the firm in 2001 and has been a partner since 2006. He represents clients on appeal and at the trial level in criminal and civil cases in federal and state courts. He is listed in The Best Lawyers in America.
As part of his appellate practice, Zach co-wrote the merits brief in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal , 546 U.S. 418 (2006). The United States Supreme Court decided the case unanimously in favor of the firm’s clients, a small church and its members who are seeking to prevent the government from interfering with their religious practices.
Zach represents parties in criminal and civil appeals in federal and state appellate courts. His published decisions include: United States v. Martinez-Barragan, 545 F.3d 894 (10th Cir. 2008); United States v. Burson, 531 F.3d 1254 (10th Cir. 2008); State of New Mexico v. McClaugherty, 2008-NMSC-044, 144 N.M. 483, 188 P.3d 1234; State of New Mexico v. Villa, 2004-NMSC-031, 136 N.M. 367, 98 P.3d 1017.
Zach has also represented amici curiae in appeals involving significant legal issues. In the Supreme Court of New Mexico, Zach argued and briefed an appeal for amicus curiae New Mexico Criminal Defense Lawyers Association in a challenge to the constitutionality of the state felony sentencing statute. He also assisted in representing amicus curiae National Association of Criminal Defense Lawyers in In re Sealed Case, 310 F.3d 717 (Foreign Surveillance Ct. of Rev. 2002).
Zach represents people and corporations involved in criminal cases and investigations. His clients have included witnesses, suspects, and defendants in a wide variety of criminal cases, including white-collar crimes, drug trafficking and possession, firearms offenses, violent crimes, sex crimes, vehicular homicide, and immigration offenses.
In 2008, the American Civil Liberties Union of New Mexico named him and his colleagues, Alexandra Freedman Smith and David Urias, its cooperating attorneys of the year. In civil rights cases, he has sought compensation for the victims of unconstitutional police practices. He has also fought to protect his clients’ rights to freely exercise their religion and to freely express their ideas. He represents prisoners in a class action challenging their conditions of confinement. And he has defended the right to vote.
Zach has also represented federal, state, and private employees in disputes with their employers. He has negotiated terms of separation, handled administrative and security clearance proceedings, and litigated employment claims.
For the Defense, the newsletter of the New Mexico Criminal Defense Lawyers Association, has published two articles [2006 & 2007] Zach wrote about constitutional challenges to New Mexico’s felony sentencing scheme.
Zach is co-editor of The Electronic Digest of New Mexico Cases (www.appealsdigestnew mexico.com)—a summary of appellate decisions that is distributed each quarter to many lawyers and judges in New Mexico.
Appointments
New Mexico Supreme Court
Uniform Jury Instruction Committee
Chair, 2006–present
Member, 2003–2006
United States Court of Appeals for the Tenth Circuit
Criminal Justice Act Appeals Panel
Member, 2006–present
United States District Court for the District of New Mexico
Criminal Justice Act Felony Panel
Member, 2006–present
Teaching
19th Annual Appellate Practice Institute, Securing Extraordinary Review: Strategies and Approaches Relating to Interlocutory Appeals, Writs of Error & Extraordinary Writs, August, 2008, Albuquerque, New Mexico
National Pattern Jury Instruction Conference, Different Approaches to Drafting and Approving Pattern Jury Instructions, April, 2008, Columbus, Ohio
Legal Writing for Maximum Impact, Persuasive Writing Techniques for Litigators: Motion Practice, March, 2008, Albuquerque, New Mexico
Bar Admissions
- New Mexico, 2000
United States District Court for the District of New Mexico, 2001
- United States Court of Appeals for the Tenth Circuit, 2001
- Supreme Court of the United States, 2005
- United States Court of Appeals for the Seventh Circuit, 2008
Education
Vassar College, B.A. 1995
- Honors
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Phi Beta Kappa
University of New Mexico School of Law, J.D. 2000
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Magna Cum Laude
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Order of the Coif
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Thesis Honors
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Alumni Writing Prize
- Clinical Honors
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Julia Raymond McCulloch Memorial Award for Constitutional Law
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Jerrold J. Walden Award for Overall Academic Performance
Judicial Clerkship
The Honorable Pamela B. Minzner, Chief Justice of the New Mexico Supreme Court, 2000-2001
Professional Organizations
- Member, National Association of Criminal Defense Lawyers
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Member, New Mexico Criminal Defense Lawyers Association
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Member, New Mexico Trial Lawyers Association
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Director, Albuquerque Bar Association
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