The League asked:
1. How have your training, professional experience and interests prepared you to serve on the court?
Having been licensed to practice law for nearly 40 years, I’ve had the opportunity to represent thousands of individuals, small businesses, insurance companies, state agencies, and many others. My years of experience have provided me with a broad understanding of a wide variety of areas of legal practice. My years of experience representing people enable me to understand the needs, expectations, and concerns of parties who appear before the court.
My legal career and community involvement have uniquely prepared me for this position. I was vetted by a bi-partisan judicial nominating commission and extensively interviewed by the Governor, who appointed me to the position. As a sitting Justice, and former trial court judge in the 1st judicial district, my experience proved invaluable in ensuring the NM court system remained open during COVID19. I litigated for the NM Attorney General’s Office and am familiar with how to run a court system.
2. Do you believe that all persons in New Mexico have fair and equal access to legal assistance and the legal system? If not, what reforms do you support? Please explain.
Yes, I do believe that all persons in New Mexico have fair and equal access to legal assistance and legal system in New Mexico. There are a wide variety of free legal services offered to those of limited means who otherwise would be unable to afford legal representation or have access to the courts. Among the many services available to the poor, in include the public defender’s office for qualified criminal defendants and many programs for non-criminal or civil cases.
In many rural parts of this state there is a legal desert and legal access gap. To close the gap, I support limited licensing of non-lawyers for simple legal matters. I support increases in technological infrastructure to allow filing by email and remote appearances. I believe if a lawyer provides free legal aid, they should receive a reduction in dues or CLE credit. Finally, we need to create a loan forgiveness program for new lawyers that will serve rural areas.
3. What changes, if any, would you recommend to the NM Supreme Court practices and why?
None at the present time.
Many changes are required because of the pandemic that will serve our system well afterward. For example, courts broadened access to electronic filing for non represented parties. I led an effort to expand digital access. We must continue to make this process easier, especially for rural communities. During these times of social unrest, we must confront and address our role in resolving racial inequality. That is why I started a minority clerkship program to improve diversity in the judiciary.
4. Do you favor nonpartisan elections for the judiciary? Why or why not?
I do not favor nonpartisan elections for the judiciary because I believe that party affiliation is one important factor among many that may be helpful to the public in evaluating judicial candidates.
Our system of choosing judges is not perfect. However, voters have the information needed to elect experienced and qualified judges. My experience is well documented. I am the only one in my race who went through a vigorous vetting process with a bipartisan nominating commission and interview process. Voters can read the opinions or articles on the law I have written. As a trial court judge, I was evaluated by the Judicial Performance Evaluation Commission. Documented verified experience counts.
5. What policies are critical to keep the judiciary independent from political influence?
Justices and judges have an absolute duty to be fair, impartial, and independent in their judicial decisions regarding the cases before them. I believe that the best way to accomplish this is for judges to put the law before politics by faithfully and consistently applying the law as written; that the words used by the legislature in a duly enacted law should be given the customary meaning that
The Judicial Nominating Commission is one way to remove political influence on the judiciary. I was vetted by this bipartisan commission that looked at my qualifications and experience before sending my name to the Governor for appointment. In addition, the legislature should consider whether partisan elections should be replaced by another model like appointment and retention after a certain term of service. Finally, the judicial branch should have more autonomy over its budget.