Three parties on the ballot for Court of Appeals seat
New Mexico Court of Appeals, Position 2
Candidates: Shammara Henderson, D; Gertrude Lee, R; and Stephen Curtis, L
The overview: The position was filled by Henderson less than seven months ago, and all three candidates are relative newcomers to the campaign trail. It’s an important race for Republicans; of the 10 judges who sit on the Court of Appeals heading into Election Day, just one is part of the GOP.
Key issues in this race: Questions about COVID-19 are critical for all levels of the judiciary. The race has drawn a diverse and crowded field that includes a Libertarian candidate, the court’s first Black appointee (Henderson), and a member of the Navajo Nation (Lee). It’s the only spot on any judicial ticket that has three parties on the Nov. 3 ballot.
“My time on the court started almost the same time it [the pandemic] forced so many of us to work remotely,” Henderson said. “I didn’t get much time to settle in before we began working from home.”
How we got here: Henderson is the newest member of the court, having been appointed in February by Gov. Michelle Lujan Grisham to succeed Monica Zamora, who retired in January. Henderson and Lee ran unopposed in June’s primary, while Curtis was a write-in on the Libertarian ballot. The secretary of state initially concluded he hadn’t received enough votes to get his name on the general ballot, so he filed a lawsuit to have the primary ballots reexamined. He won, ensuring his inclusion.
Bottom line: Lee reported $260,918.88 in campaign contributions compared to just $17,403 in reported contributions for Henderson through this summer’s primary. Libertarian candidate Curtis had reported contributions of $900.
DEMOCRAT Shammara Henderson
Age: 38 Lives in: Albuquerque
Educational background:
Graduated from Albuquerque’s Valley High School in 2000, then earned a bachelor’s degree in political science and philosophy from American University in 2004. She received her J.D. from the University of New Mexico School of Law in 2007.
Occupation: Judge, New Mexico Court of Appeals
Relevant experience: Judge on the state Court of Appeals since her appointment by Gov. Michelle Lujan Grisham. Experience as an attorney working all sides in both criminal and civil matters. Was a federal and state prosecutor as well as criminal defense lawyer. Defended the United States in civil cases while an assistant U.S. Attorney under the Obama administration.
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.
Policy questions:
1. Pandemic rules have severely curtailed the number of people who can observe jury trials. There is video overflow, but those seats are also limited and often have audio or other problems. Hearings also have experienced technological glitches and require viewers have a computer or phone to observe. Do you think these arrangements satisfy requirements that the court’s proceedings be public? Why or why not?
This raises an issue that may be before me as a judge, so I cannot directly answer. Just like any trial issues arise that create questions for appeal. While courts lawyers and parties are adjusting to the pandemic, issues will arise that result in appeals. I suspect there will be appeals in the future where parties believe any host of decisions made due to the pandemic are appealable issue for the Court to consider.
2. The Supreme Court recently announced the establishment of a commission to study issues related to race and bias in the state’s justice system. Do you believe the court as a whole deals effectively with racial and gender bias? Why or why not?
This commission is critical to accepting and addressing that this is an issue. Many courses offered help judges understand implicit bias and how that affects decisions. However, courts do not reflect the diversity of our state. I am the first Black appellate judge. Another step is to address court staff diversity, holding judges and staff accountable, and to always ensure the law is applied fairly no matter race, ethnicity, gender, sexual orientation, or religious background.
3. Are you afraid of getting COVID-19 at your workplace? Why or why not?
I am diligent in ensuring staff and I engage in safe practices. Our Court requires a series of questions and temperature check prior to entering the courthouse. Everyone is required to wear a mask. I helped sew masks to ensure that every employee had at least two masks and we donated 500 masks to court employees. When we have oral arguments, we practice safe social distancing and try to do as much virtually as possible.
4. What sets you apart from your opponent?
Extensive experience in the state and federal system, as well as deemed qualified by the bipartisan Judicial Nominating Commission and appointed by the governor to serve this role. I began career clerking for Supreme Court Justice Charles Daniels, drafting appellate opinions. I have been a prosecutor and criminal defense attorney. As Assistant U.S. Attorney, I defended civil cases, and as a private attorney focused on civil rights, employment law, and plaintiff’s injury cases.
REPUBLICAN Gertrude Lee
Age: 36
Lives in: Kirtland Educational background: Bachelor’s degree in political science from Creighton University; Juris Doctorate from the University of New Mexico School of Law, with a certificate in Indian Law Occupation: Attorney Relevant experience: Assistant district attorney, McKinley County; deputy district attorney, McKinley County; Chief prosecutor Navajo Nation. Currently a senior trial attorney with the San Juan County District Attorney’s Office. Currently serving as a Navajo Nation Bar Association commissioner.
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.
Policy questions:
1. Pandemic rules have severely curtailed the number of people who can observe jury trials. There is video overflow, but those seats are also limited and often have audio or other problems. Hearings also have experienced technological glitches and require viewers have a computer or phone to observe. Do you think these arrangements satisfy requirements that the court’s proceedings be public? Why or why not?
Generally speaking, many of us, in the courts and outside the courts, have taken steps to adapt and respond as well as we can during the public health emergency, especially when it comes to technology. I think we will all continue to adapt and respond as we persevere through these difficult times.
2. The Supreme Court recently announced the establishment of a commission to study issues related to race and bias in the state’s justice system. Do you believe the court as a whole deals effectively with racial and gender bias? Why or why not?
Anyone coming before a court of law should have confidence they will be treated fairly by a judge free of bias. I think the court as a whole took a tremendous step by establishing the commission. With the establishment of the commission we can start to dialogue and take more steps to ensure equal justice for all.
3. Are you afraid of getting COVID-19 at your workplace? Why or why not?
I try to be both reasonable and cautious when it comes to COVID-19, especially considering I regularly care for an elderly parent. Most of the time I am able to work from home, so my anxiety about catching COVID-19 at my workplace is low. When I go to the office or to court, any anxiety I feel is typically low because of the precautions they take in combination with my own.
4. What sets you apart from your opponent?
I have a certificate in Indian Law and I am licensed to practice law in New Mexico and the Navajo Nation. I am a Navajo woman who has devoted her legal career to public service as a state and tribal prosecutor with experience in state and tribal court. I served as chief prosecutor of the Navajo Nation where I supervised 10 legal offices over a land base the size of West Virginia.
LIBERTARIAN
Stephen Curtis
Age: 71
Lives in: Los Ranchos de Albuquerque
Educational background: Bachelor’s degree, Northwestern University Technological Institute; Juris Doctorate from University of Virginia School of Law
Occupation: Attorney and president, Stephen P. Curtis, Attorney at Law, P.C.
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.
Policy questions:
Curtis did not respond to questions posed by The New Mexican.