Two experienced judges vie for NM Supreme Court
Incumbent, a Hobbs Republican, faces Santa Fe Democrat
Longtime Court of Appeals Judge Michael Vigil is challenging incumbent Justice Gary Clingman, who was appointed earlier this year, in this year’s only Supreme Court race.
Clingman is a Republican from Hobbs who had served for more than 20 years as a judge in the 5th Judicial District before Gov. Susana Martinez appointed him to the state’s highest court in April. Vigil is an Albuquerque Democrat who has spent 15 years on the Court of Appeals.
The Judicial Nominating Commission recommended both men for consideration to fill this year’s vacancy created by the retirement of Justice Edward Chavez, and Martinez named Clingman.
Vigil had also been on the recommendation list in 2015 after Justice Richard Bosson’s retirement, but Judith Nakamura, a Republican, was appointed, and she narrowly won a subsequent election against Vigil for that seat.
Vigil is making another attempt and says that if he’s elected he hopes to improve and clarify the rules for preventive detention as well as sentencing requirements.
“My unique combined experience of trying cases and establishing precedents on appeal in numerous areas of the law has helped me to better serve the people of New Mexico on the Court of Appeals, and now, on the Supreme Court,” Vigil wrote in a questionnaire.
Clingman says the court provides leadership to the state’s judiciary.
“This leadership role must be used to improve the lives of all New Mexicans,” Clingman wrote in a questionnaire. “I have experience, education and geographic diversity. My record proves that I have the work ethic, desire and ability to provide that leadership.”
‘An exciting time’
Vigil is a graduate of Santa Fe High School and earned a bachelor’s degree from the College of Santa Fe before attending the Georgetown University Law Center. He later joined the National Guard, and he was among those dispatched to the State Penitentiary riot in 1980.
He began his law career as a staff attorney for the Court of Appeals and later worked as a trial attorney, handling civil, criminal and more than 50 appellate cases.
He was appointed to the Court of Appeals by Gov. Bill Richardson in 2003 and elected in 2004 and is now the longest-serving judge on that court. Vigil spent two years as the chief judge and has heard more than 3,000 cases and written more than 1,000 legal opinions.
His campaign is publicly financed, and he gave himself $5,000 in seed money on top of the $180,000 in public financing. He has spent about $147,000.
Vigil says he became a judge because he wanted to make New Mexico a better place to live.
“I think it’s an exciting time,” he said. “People are focused on courts now, which they usually aren’t. … I want to let people know that I will fiercely and without fear protect their rights, no matter who they are or where they come from.”
According to a questionnaire he filled out for the Journal, he was arrested twice for DWI in the 1980s, but both cases were dismissed. He also filed for bankruptcy about 40 years ago.
Representing rural
Clingman graduated from Moore High School in Oklahoma in 1970 and went to work in the oil fields before joining the Odessa, Texas, police force. He worked at four law enforcement agencies within 10 years, and in 1979 was fired from the Odessa Police Department for the “mishandling of a prisoner,” according to reports by The Odessa American. (See accompanying story.)
Clingman went on to attend law school at Texas Tech. He worked at a legal aid firm and clerked for criminal defense lawyers in order to support his young family.
After graduation, Clingman joined Maddox Law Firm in Hobbs and worked there for 12 years, trying criminal and civil cases in both state and federal court.
He was appointed 5th Judicial District judge in 1997 and served as chief judge from 2006 to 2013. He has worked as a member of the National Judicial College faculty, teaching courses on a range of topics.
Clingman points out that he is the sole justice from an outlying part of the state. His colleagues are from Santa Fe and Albuquerque, and he says he would provide some needed geographic diversity.
“The laws are the same for all New Mexicans, and they should be. However, how they’re interpreted can have a very different impact in one part of the state vis-à-vis another part, or the rural areas as opposed to the metropolitan areas,” Clingman said.
Clingman opted for traditional fundraising through private donations rather than applying for public financing of his campaign. He has received around $174,000 in campaign contributions and has spent about $52,000. Contributors to his campaign include multiple oil and gas companies, as well as Republican state legislators, including Sen. Stuart Ingle and Reps. Larry Scott and Cathrynn Brown.
The Supreme Court is set for a shake-up at the end of the year, when Justices Charles Daniels and Petra Maes will retire. The new governor will appoint their replacements.