Albuquerque Journal

Commission recommends four ABQ judges lose seats

‘We haven’t had this many ‘do not retains’ in a few years,’ chairwoman says

- BY RYAN BOETEL JOURNAL STAFF WRITER

A commission tasked with evaluating the performanc­es of judges across the state is recommendi­ng that voters kick four of the18 judges in Bernalillo County Metropolit­an Court off the bench, including the courthouse’s chief judge.

In the coming election, the New Mexico Judicial Performanc­e Evaluation Commission is recommendi­ng that voters not retain Chief Judge Edward Benavidez and Judges Michelle Castillo Dowler, Kenny Montoya and Linda Rogers.

“We haven’t had this many ‘do not retains’ in a few years,” JPEC Chairwoman Denise Torres told the Journal. “It’s a very difficult thing for commission­ers to do.”

None of the judges in question responded to request for comment left at the courthouse on Friday.

JPEC evaluates judges based on legal ability, fairness, communicat­ion skills, preparatio­n and temperamen­t and control over proceeding­s.

To complete the evaluation­s, the commission distribute­s confidenti­al surveys to lawyers, court jurors and others who interact with the court. The commission also interviews the judges, reviews statistics from the Administra­tive Office of the Courts and sends observers into court.

New Mexico judges who are up for retention must receive approval from 57 percent of voters to keep their seat on the bench.

Brian Sanderoff, president of Research and Polling Inc., said that historical­ly, judges who JPEC recommends not be retained receive about 12 percent fewer votes than judges who are recommende­d for retention.

The four “do not retain” judges had different deficienci­es, according to JPEC.

In Benavidez’s case, JPEC found he had some of the lowest approval ratings among lawyers and his ratings continued to decrease after he was evaluated by JPEC midway through his term.

“During this final retention evaluation, Judge Benavidez did not fully appreciate the deficienci­es in

his judicial performanc­e,” JPEC wrote on its website.

Court observers raised concerns about Castillo Dowler’s demeanor and impartiali­ty during court hearings.

In Montoya’s meeting with JPEC officials, he failed to recognize and didn’t commit to try improve his knowledge “regarding substantiv­e law and the rules of procedure and evidence,” according to JPEC’s website.

Linda Rogers scored high in some regards, but attorneys raised concerns about her demeanor on the bench, and her scores among resource staffers, who include police officers, were among the lowest in the courthouse, according to JPEC.

 ??  ?? Judge Edward Benavidez
Judge Edward Benavidez

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