NEW MEXICO COURT OF APPEALS CANDIDATES AT A GLANCE

Editor’s note: Written responses were edited for length. Republicans Barbara Johnson and Gertrude Lee, running in Positions 1 and 2, respectively, did not respond.

Position 1 DEMOCRAT

Zach Ives

Age: 47 Lives in: Albuquerque Occupation: Judge Education: Bachelor’s degree, Vassar College; Juris Doctorate, University of New Mexico School of Law Relevant experience: Judicial clerk for Chief Justice Pamela B. Minzner, New Mexico Supreme Court; diverse litigation practice included civil rights, criminal defense, commercial litigation, representing the elderly, disabled and children in guardianship proceedings; community involvement on boards of nonprofits; chairman of the New Mexico Supreme Court’s Uniform Jury Instruction Committee for criminal cases

Have you ever been charged or convicted of a crime, including drunken driving? No.

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business? No.

Have you ever been the subject of liens for unpaid taxes? No.

What steps would you take to help the state blunt the coronavirus pandemic and recover from it? As a judge, my role in this crisis is limited to independently deciding the cases that come before the court, including any cases involving the coronavirus, based on the law and the facts.

What would you do to reduce crime in New Mexico?

I do not have any direct role in reducing crime. The job of a judge is to apply the law neutrally and fairly to every person, company and governmental entity involved in each case, including criminal cases.

What are your three top priorities or objectives? 1. Issue high quality opinions based on neutral application of the law to the facts; 2. Decide cases expeditiously while ensuring that every case is analyzed carefully, thoughtfully and thoroughly; 3. Ensure the Court of Appeals is contributing to the development of New Mexico law by issuing a sufficient number of precedential opinions (formal or published opinions) and not relying too heavily on nonprecedential opinions (known in the Court of Appeals as memorandum opinions).

Who is your political hero or heroine, and why?

Thurgood Marshall. He recognized that the law is an instrument to achieve and preserve justice. He devoted his life to this, first as a practicing lawyer who brilliantly led the effort to end racial segregation and later as a justice of the US Supreme Court.

Position 2 DEMOCRAT

Shammara H. Henderson

Age: 37

Lives in: Albuquerque Occupation: Judge, New Mexico Court of Appeals

Education: Bachelor’s degree, American University; Juris Doctorate, University of New Mexico School of Law

Relevant experience: New Mexico Court of Appeals judge; have worked on cases on both sides in both criminal and civil matters; former federal and state prosecutor as well as criminal defense lawyer. former civil plaintiffs’ lawyer with a practice in civil right and employment law; defended the United States in civil cases when I was an assistant United States attorney years ago under the Obama administration; clerked in the New Mexico Supreme Court for the Justice Charles W. Daniels.

Have you ever been charged or convicted of a crime, including drunken driving? No.

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business? No.

Have you ever been the subject of liens for unpaid taxes? No.

What steps would you take to help the state blunt the coronavirus pandemic and recover from it? The courts in New Mexico have remained open to the extent that they can. The Supreme Court has given guidance on how to stay open during this difficult time. Judges across the state have found creative ways to keep cases moving forward such as video and teleconferencing hearings verses in person hearings.

The courts will continue to work to stay open, while doing so in a safe manner that ensures the safety of the public and court staff. For example, many of the staff and judges including myself are helping by sewing masks so that each of us have two masks to wear when we are required to work at the courthouses. Ensuring cases continue to move forward is necessary for our state.

What would you do to reduce crime in New Mexico? As an appellate court judge, it is my job to ensure the laws were appropriately applied to the facts and arguments made by the prosecutor and defense lawyer the district court judge; the role of a judge is unlike the prosecutor whose ethical duty is to seek justice or the defense lawyer’s ethical duty to fight for her client and ensure the justice system is working correctly.

Part of a district court judge’s role is to determine a sentence and whether that sentence helps deter future violations by the individual defendant and other future potential defendants.

However, on the appellate level my position is to determine whether the sentence or the pretrial detention of a defendant is legally sound. I will continue to convey that an appellate judge can only make decisions based on the record or information received at the District Court level. Funding to ensure that the District Court judge and therefore the appellate judge has enough information about the defendant such as criminal history, local ties to the community, work history, mental health history, etc., to make competent decisions is imperative.

What are your three top priorities or objectives for the office you’re seeking? Ensure that I actively help reduce the backlog of the court by working hard with the other nine judges to push out competent and legally sound opinions in a timely manner; Using my background as a trial lawyer who also did her own appeals to ensure that the opinions I author and work on give clear guidance for the lawyers and judges who are relying on them; use the position as an opportunity to mentor law students and young lawyers who clerk for me.

Who is your political hero or heroine, and why? When looking to judges there are the Justice Thurgood Marshalls, Ruth Bader Ginsbergs, Sonia Sotomayors of the world. However, while I can tell you their history and impact on our nation and the world, I do not know them personally. I would like to speak about the local NM Supreme Court Justice that has had a tremendous impact on me. The NM Supreme Court generally has the last say on the law for the citizens of New Mexico and therefore in many ways has a larger impact on our lives than the US Supreme Court.

I would not be who I am today without the Honorable Charles W. Daniels. He explained to me in law school that being a lawyer opens doors to me that many can never enter and with that power comes responsibility to protect my community. He taught me about the importance of being a thoughtful lawyer. . . meaning that I should always do my research, work twice as hard, and know my case better than anyone else in the courtroom. He carried that same work ethic to the bench by always being prepared.

In his chambers there was a picture of Martin Luther King, Jr. with the quote: “Injustice anywhere is a threat to justice everywhere.” He regularly said this quote on the campaign trail

He truly believed in his duty to ensure equality for everyone. But it was not all work with Justice Daniels. He was always reminding me that it is important to take the time to enjoy life.

To have hobbies that bring you joy and to surround yourself with those who you love and love you back unconditionally. He reminded me of that lesson one last time before he passed. He told me that he did not have a bucket list, but that he had accomplished everything he wanted professionally, had done everything and been everywhere he wanted to go, but most importantly he had love in his life, so he wasn’t afraid to leave. A judge cannot ensure justice without balance in one’s own life. His impact on New Mexico and its citizens will be everlasting. Every day I remind myself of his lessons and hope to have half the impact he did.

LIBERTARIAN

Stephen Curtis

Age: 71 Lives in: Los Ranchos Occupation:

Attorney and president, Stephen P. Curtis,

Attorney at Law, P.C.

Education: Bachelor’s degree, Northwestern University Technological Institute; Juris Doctorate, University of Virginia School of Law Relevant experience: Associate, Poole, Tinnin & Martin; partner, Melton & Puccini; partner, Franchini, Wagner, Oliver, Franchini and Curtis

Have you ever been charged or convicted of a crime, including drunken driving? No.

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business? No.

Have you ever been the subject of liens for unpaid taxes? No.

What steps would you take to help the state blunt the coronavirus pandemic and recover from it? I would interpret the United States Constitution and the state constitution to protect individual liberty and limit governmental power, as contemplated in those constitutions and the Bill of Rights.

What would you do to reduce crime in New Mexico?

I believe criminal laws should be enforced. I would interpret the laws to protect the rights of our citizens to be free from fraud and all coercive actions by the criminals.

What are your three top priorities or objectives for the office you’re seeking? I would defend and protect the United States Constitution and the Bill of Rights.

I would interpret the Bill of Rights to mean exactly what it says. I would protect individual liberty and freedom from governmental overreach.

Who is your political hero or heroine, and why? Thomas Jefferson. He was instrumental in creating the United States Constitution and the Virginia Declaration of Rights. He founded the University of Virginia and was a leading figure in the enlightenment during the 18th century.

He was a patriot.