Family lawyer challenges Dem appeals judge
Candidates: Thomas C. Montoya, R, and Jane B. Yohalem, D.
Overview: Montoya and Yohalem are competing for one of three open positions on the 10-member Court of Appeals, which reviews appeals from lower court cases except those involving sentences of life imprisonment.
Gov. Michelle Lujan Grisham appointed Yohalem to the court in June to fill a vacancy left by the retirement of Judge Linda Vanzi. She must be elected to the post to stay on the bench.
Court of Appeals judges are paid about $140,000 per year.
Key issue: Montoya had to file a lawsuit to get on the ballot after the secretary of state said he hadn’t filed a required form. A state district judge ruled in Montoya’s favor, saying confusion created by the coronavirus pandemic and other actions he had taken to file justified listing him as a candidate. Yohalem attempted to appeal that ruling. She said in a recent interview she did so to get a clear ruling on the issue.
What they say: Yohalem says her extensive experience handling appeals on a wide variety of cases makes her a better candidate than her opponent, who she says has a narrower field of expertise.
She also highlighted her writing skills, saying her goal has always been to write simply and clearly “so that my clients should be able to read a legal brief and understand it.”
Montoya said he has more experience in the area of family law and domestic relations than his opponent. He also said he’ll apply his tireless work ethic to ensuring appeals move forward in a timely manner so the court doesn’t become “the court of last resort” for litigants who need life impacting decisions reviewed quickly.
Bottom line: Yohalem had raised $140,303 as of Oct. 16, according to the New Mexico secretary of state’s website. She was the largest contributor to her campaign, lending herself $5,500. She also received $5,000 from the Committee on Individual Responsibility, according to the website. Yohalem had spent $21,282, including around $13,000 on campaign consultants.
Montoya is running his campaign with public campaign financing and had spent about $169,056 as of Oct. 16, about $63,000 of which went to advertising.
DEMOCRAT Jane Yohalem
Age: 70
Occupation: Judge New Mexico Court of Appeals, position 3
Lives in: Santa Fe
Education: B.A Yale University (1972); J.D. Columbia Law School (1975); LL.M. Georgetown Law Center (1976)
Relevant experience: I have been an appeals specialist in New Mexico for more than 30 years. I have represented people in every corner of New Mexico and in almost every area of the law. My career began as a civil rights lawyer representing children with disabilities. I was a part-time special education hearing officer in New Mexico for 26 years. I have represented indigent families in termination of parental rights cases for many years. I have been counsel in over 400 appeals, more than 100 of them have been published, advancing the law of New Mexico.
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?
Judges need to remain neutral on issues that may come before them and cannot give an opinion on such questions. This is a question that could well come before the Court of Appeals.
As a sitting judge, I would have to listen to the evidence, understand exactly what happened in the case in front of me and then make a ruling. The standards of judicial ethics protect people’s right to heard by an unbiased judge.
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?
Our courts play a positive role in protecting minorities and in providing equal access to justice to all New Mexicans and can also do more. I would like to see our courts step up and take a leadership role on the commission, examining the practices in every part of the justice system. The courts are uniquely positioned to oversee the work of law enforcement agencies and bring about the change that is needed.
3. Are you afraid of getting COVID-19 at your workplace? Why or why not?
I am following the governor’s recommendations and working from home when I can. I am comfortable when I am at the courthouse because of the careful protective measures and requirements for masks and social distancing which have been adopted by our courts since the outset of the pandemic.
4. What sets you apart from your opponent? I bring to the court a commitment to serve the people of New Mexico, an extensive knowledge of and experience in virtually all aspects of New Mexico law, the ability to write clearly and concisely about legal issues and a deep understanding of the appellate process. I have represented labor unions, workers, consumers, injured plaintiffs, indigent parents, children with disabilities, and others, working to protect their rights for more than 30 years.
REPUBLICAN Thomas Montoya
Age: 68
Occupation: Attorney
Lives in: Albuquerque
Education: Attended Stanford University 1970-1974, entered law school before graduation. Law degree from University of Southern California.
Relevant experience: Attorney and shareholder with Atkinson & Kelsey, P.A. practicing divorce and family law for over 38 years. I have had an “A” preeminent rating for over 25 years from Martindale-Hubbell Peer Review Ratings. Member of the American Law Institute for 21 years. Served as co-chairman of the Child Support Guidelines Commission responsible for promulgation of New Mexico’s statutory child support guidelines. Chaired the Domestic Relations Rules Subcommittee of the N.M. Supreme Court’s Rules of Civil Procedure Committee. I have lobbied and testified over 30 times regarding legislative enactments in family law and also drafted family law legislation. I have been appellate counsel in 12 reported cases, my work has been cited as authority in three Court of Appeals cases, and I have been faculty in over 60 family law seminars. I was selected as qualified to be District Court judge three times by the Second Judicial District Judicial Selection Nominating Commission.
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?
Clearly the pandemic has drastically affected all of our lives, and the judiciary is no exception. However, substantial rights, including the right to be heard, and having a judicial officer determine disputes, cannot be suspended, if at all possible. I very strongly support the public’s right to know of and attend judicial proceedings. The judiciary has appropriately responded to the challenges by keeping the courts open to litigants and the public under the temporary circumstances.
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?
In over 38 years of trial practice, I have had over a thousand hearings, which include trials, before our courts. In all that time, I have never witnessed anything related to racial bias in the state’s justice system. If so, I would have reported such discrimination. New Mexico has a great advantage over other states because of its historical blending of many cultures, which incorporates them, rather than distinguishing and separating our differences.
3. Are you afraid of getting COVID-19 at your workplace? Why or why not?
No. Our office has assiduously observed all protocols, including distance working, and conducting business telephonically and via video. We take temperatures, wear masks, frequently wash and disinfect and we keep our distance. The Courts have helped enormously with the pandemic by instituting video hearings, which works to the great advantage of counsel and litigants by limiting travel to the various courts throughout the 5th largest state in the country. Thankfully, firm and family remain safe.
4. What sets you apart from your opponent? As a trial lawyer for 38 years, I have intimate, hands on, knowledge of the rules of procedure and evidence governing our Courts. Modern domestic relations practice provides a unique, objective perspective, because of our frequent advocacy on both sides of the issues, in different cases. I have been involved in creating over 30 laws in our legislature and also statewide procedural rules in family law cases, which touch the lives of most New Mexicans.