NEW MEXICO COURT NEWOF APPEALS MEXICO POSITIONCOURT OF1 APPEALS POSITION 1 The League asked:
There are ten judges on the New Mexico Court of Appeals. It is the intermediate court between the district courts and the Supreme Court. Judges sit in panels of three. The Court reviews appeals in all cases, except criminal cases involving sentences of death or life imprisonment, appeals from the Public Regulation Commission and cases involving habeas corpus. Judges must be at least 35 years old, have practiced law for ten years, and have resided in New Mexico for the last three years. Judges are elected statewide for eight-year terms. Judicial vacancies are filled through appointment by the Governor from a list of nominees submitted by a judicial nominating committee. At the next regular election the judicial position is filled in a partisan election in which the appointed judge must participate and win the most votes to retain the seat. Judges serve for terms of a set number of years, after which they must win a 57% “yes” in retention elections to keep their seats.
1. How have your training, professional experience and interests prepared you to serve on the court? 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.
3. What changes, if any, would you recommend to the NM Court of Appeals practices and why?
4. Do you favor nonpartisan elections for the judiciary? Why or why not?
5. What policies are critical to keep the judiciary independent from political influence?
I have practiced law in NM since 1978. During this time I have represented clients in hundreds of cases, including approximately 20 appeals in many different areas of law.
I was vetted and recommended by a bi-partisan commission and appointed by the Governor. My experience includes all sides of criminal and civil matters as a former federal and state prosecutor and defense lawyer. My work on civil rights, employment law, and personal injury has afforded me a diverse career. As an Assistant US Attorney under the Obama administration and clerk for Supreme Court Justice Charles Daniels, I understand how the important work of the courts impact all New Mexicans.
For over ten years I have worked as a trial attorney and prosecutor in both State and Tribal court. I worked my way up from an entry-level attorney to a Deputy District Attorney in Gallup where I represented the State in numerous jury trials and filed several appeals. I continue my work as a prosecutor in Farmington. I am also the former Chief Prosecutor of the Navajo Nation where I brought cases before the Tribal Courts, and managed 10 prosecutor offices and several dozen staff.
I believe all persons in NM have access to legal assistance, although people and entities who have more wealth do have better access. I suggest that the entire legal process should be streamlined and made to be more efficient and, therefore, less costly.
While NM is fortunate that the courts’ staff, judges, and attorneys are more diverse than in other states, we do not have a perfect system. While we have many wonderful programs, many New Mexicans are still falling through the gaps and receiving inconsistent sentencing or punishment when not represented by trained attorneys. Equitable resources across all judicial districts and the formation of specialty courts across the state are critical.
We are living in unprecedented times. As we rely more on technology the issues with access become more apparent and difficult for those in rural communities with unstable housing, limited telephone service, and/or no access to the internet. To this end, I support reforms and projects to improve broadband infrastructure in rural communities to make electronic access more available, thus ensuring that everyone has fair and equal access to the legal system.
I believe we need more Judges on the Court of Appeals so that cases are decided more expeditiously.
Making the court more user-friendly for pro se parties is always a challenge. We have been working on technology changes so that those without attorney-representation have easier access to competently move their cases forward. The Court is also working on ensuring more oral arguments during the pandemic through virtual means. And, each judge has been committed to ending backlog and getting the court a stable caseload as compared to historical norms.
We have all heard the phrase “justice delayed is justice denied.” This is true for parties who wait years for a decision from the Court of Appeals. However, the Court faces a number of challenges, including an increasing docket and limited resources. I would recommend using available data to help identify where the appellate process can be streamlined. Streamlining the process should aim to decrease the time period it takes to calendar a case and decrease the time it takes to decide a case.
I do favor non-partisan elections for the judiciary. Party affiliation hinders the process and unnecessarily politicizes the elections. I suggest an open process where anyone who obtains the requisite signatures should be on the ballot.
Integrity and confidence in the election of our judiciary is critical. While judges currently run in partisan elections, we must adhere to a very strict Code of Conduct which prohibits us from being “political” and taking stances on issues. Voters should take great confidence in electing those who went through the bi-partisan nominating process, which I did. It is a rigorous process to ensure only the most qualified judges are appointed and have been deemed qualified.
I favor a process of selection based upon merit to be followed by a retention election. The process of selection by merit separates the Judge from partisan politics while ensuring he or she is qualified for the position. I am in favor of retention elections so the people always have a say whether to keep a judge or not.
I think non-partisan elections would greatly assist in this goal.
Adherence to the NM Judicial Code of Conduct is critical to ensure that judges remain independent from political influence. Voters must have confidence that elected judges will interpret laws fairly and honestly. Good judges should have a record of being respected by attorneys who were on opposing sides. In addition to strict policies, voters have the right to review and select judges based on prior legal careers that should exemplify ethics, fairness, and trust.
I’m part of a team of judicial candidates that believe in putting the law before politics and it is absolutely essential for a judge to be impartial and to maintain the rule of law. This means judges should be open minded, unbiased, remain impartial and non-partisan when rendering decisions.