Santa Fe New Mexican

NEW MEXICO JUSTICE OF THE SUPREME COURT POSITION 1 (CONT.)

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1. Have you been endorsed by the Judicial Nominating Commission?

I have been endorsed three (3) times by the Judicial Nominating Commission for District Court Judge. I did not apply to the Commission this time.

2. What qualifies you for this position?

40 years of practice in all NM trial and appellate courts. J.D. U.S.C. “A” preeminent rating from Martindale-Hubbell Peer Review Ratings. Cited as authority in 3 appellate cases. 20+ years member prestigiou­s American Law Institute. Co-Chair of Child Support Guidelines Commission which promulgate­d New Mexico’s statutory Child Support Guidelines. Chair of Rules Committee of the N.M. Supreme Court, which promulgate­d statewide rules of procedure for domestic relations and domestic violence cases. Selected as qualified to be District Court Judge by Judicial Nominating Commission. NM native.

3. What policies are needed to keep the judiciary independen­t from political influence?

A judge must place the law above any other considerat­ion in deciding a case. A judge cannot, in the performanc­e of judicial duties, by words or conduct, manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, religion, color, national origin, ethnicity, ancestry, sex, sexual orientatio­n, gender identity, marital status, spousal affiliatio­n, socioecono­mic status, political affiliatio­n, age, physical or mental handicap or serious medical condition, nor permit others subject to the judge’s direction or control to do so.

4. What improvemen­ts, if any, are needed in the Supreme Court?

Because the Supreme Court is the rule-making body governing all courts, attention must be paid to adherence to the Constituti­on and the rule of law throughout the state. Cases cannot be decided because of a desired outcome, but only on the law and facts of the case. Judges must decide on what the law is, and not what the law should be, in the opinion of the judge. There can be no respect of persons before the law, resulting in a different decision based upon the person or company which appears before the court. All persons are required to be equal before the law, regardless of rich or poor.

 ?? ?? Thomas C. Montoya (Republican)
Thomas C. Montoya (Republican)

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