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Professor Barbara E. Bergman

Barbara Bergman

Emeritus Professor of Law
B.A. 1973, Bradley University
J.D. 1976, Stanford University
Member of the California, District of Columbia, and New Mexico Bars

Contact Information



Barbara Bergman joined the UNM law faculty in 1987, bringing years of experience as a criminal defense lawyer with the Public Defender Service in Washington, D.C. She also had spent a year as associate counsel to President Jimmy Carter and had practiced for three years with Bredhoff & Kaiser, a law firm specializing in employment law.

Her teaching remains focused on criminal law and procedure, but once a year, she leads students through an intense 6-credit hour Evidence and Trial Practice course. On leave in 2000-2001 and the spring of 2004, Bergman put her teaching into practice when she worked on the defense team in the State of Oklahoma v. Terry Nichols, a state death penalty case. Nichols was prosecuted for conspiracy and murder in connection with the bombing of the Alfred P. Murrah Building in Oklahoma City.

Bergman has lectured and published extensively, including serving as editor of the Fifth Edition of the D.C. Criminal Jury Instructions. She also is the co-author of Wharton's Criminal Evidence, 15th edition, Wharton’s Criminal Procedure, 14th edition, and The EveryTrial Criminal Defense Resource Book. The latter deals with emergencies that may arise in criminal trials.

Bergman is a past president of the National Association of Criminal Defense Lawyers and continues to serve as a co-chair of the NACDL Amicus Committee. She currently serves on the Board of Trustees of the National Institute for Trial Advocacy (NITA) and the Board of Directors for PB&J Family Services.

In 2001, Bergman received the Robert C. Heeney Award, the highest honor given by the National Association of Criminal Defense Lawyers. In 2010, the Stetson College of Law awarded her a Lifetime Achievement Award for the Teaching of Trial Advocacy. In 2015, she received the Charles Driscoll Award, the New Mexico Criminal Defense Lawyer’s Association, highest honor.

Courses Previously Taught

  • Advanced Evidence/Trial Practice
  • Alternative Dispute Resolution Externship
  • Criminal Procedure II (Bail to Jail)
  • Evidence/Trial Practice
  • Judicial Externship
  • Law Program Externship
  • Practicum



Everytrial Criminal Defense Resource Book, co-authored with Nancy Hollander, published August 1994, with annual supplements (2d ed. to be published 2014).

1-4 Wharton's Criminal Procedure, 14th edition, co-authored with Nancy Hollander and Theresa Duncan, Vol. 1 published in 2003; Vol. 2 published in 2004; Vol. 3 published in 2005; Vol. 4 published in 2007-09, with annual supplements.

D.C. Criminal Jury Instructions (5th ed. 2009) (annual supplements) (editor).

1-8 Wharton's Criminal Evidence (15th ed. 2002) (co-authored with Nancy Hollander).

Everytrial Criminal Defense Resource Book (1994 & Supps. Aug. 1995 through June 2000) (co-authored with Nancy Hollander).

Adjustments Under the Guidelines, inPractice Under the New Federal Sentencing Guidelines (1991-1998).

D.C. Criminal Jury Instructions and Commentary (4th ed. 1993 & Supp. 1996) (editor).

Criminal Procedure Checklists (1991, 1992, & 1993 eds.) (co-authored with Michele Hermann).

New Mexico Criminal Practice Manual (1992) (editor).

New Mexico Objections at Trial (1992) (co-authored with Judge Myron Bright & Professor Ronald Carlson).

Not Another Kingsfield: Teaching Law, inFull Disclosure: Do You Really Want To Be A Lawyer? (Susan J. Bell ed., 1989).


Dismissal of Jurors, Champion, July 2000, at 34 (co-authored with Nancy Hollander).

Getting Witnesses to Federal Court, Champion, July 1999, at 38 (co-authored with Nancy Hollander).

Taking Advantage of Under-Utilized Rules of Evidence, Champion, Aug. 1994, at 4 (co-authored with Nancy Hollander & Gary J. Meade).

Samurai Lawyer: Aggressive Use of Under-Utilized Rules of Evidence, Crim. L. Rev. (1994).

Using State Law to Protect Your Client's Rights, Crim. L. Rev. (1992).

The Erosion of the Bill of Rights: Six Easy Lessons in Governmental Lawlessness, Champion, Apr. 1992, at 22.

Protecting Alleged Child Sexual Abuse Victims While Preserving a Defendant's Confrontation Rights, J. N.M. Trial Law. Ass'n, Feb. 1991, at 25.

Juvenile Justice in New Mexico: A Comparison of State and Federal Delinquency Proceedings, Young Law. Division Newsl. (State Bar N.M.). (also published in N.M. State B. Bull., Sept. 1990).

Tactics for Confronting DNA Fingerprinting Evidence, 3 BNA Crim. Trial Prac. Manual 203 (1989).

Book Reviews

Book Review, 3 Inside Litig. 23 (1989) (reviewing J. Jenkins, The Litigators (1989)).

Book Review, 2 Inside Litig. 20 (1988) (reviewing E. Couric, The Trial Lawyers (1988)).


Crime, Corrections and the Law, (1995) (background report for N.M. First Town Hall).


Brief of Amici Curiae NACDL, Old Chief v. United States, 519 U.S. 172 (1997) (No. 95-6556) (co-counsel with Tova Indritz).

Brief of Amici Curiae, Cooper v. Oklahoma, 517 U.S. 348 (1996) (No. 95-5207) (co-counsel with James Ellis).

Brief of Amici Curiae, Godinez v. Moran, 509 U.S. 389 (1993) (No. 92-725) (co-counsel with James Ellis).

Brief of Amici Curiae, Foucha v. Louisiana, 509 U.S. 389 (1993) (No. 90-5844) (co-counsel with James Ellis).

Brief of Amici Curiae, Wilson v. State, 813 S.W.2d 833 (Mo. 1991) (No. 73285 (co-counsel with James Ellis).