NEW MEXICO JUDGE OF THE COURT OF APPEALS POSITION 1
Judge of the Court of Appeals serves as one of ten judges on the intermediate court between the district courts and the Supreme Court. Judges sit in panels of three. 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. Must be 35 years old, have practiced law for 10 years, and have resided in New Mexico for the last three years. Elected statewide for eight-year term.
1. Have you been endorsed by the Judicial Nominating Commission?
I was recommended by the Bi-Partisan Judicial Nominating Commission and interviewed, vetted, and appointed by the Governor for this position on the NM Court of Appeals.
No.
Yes, for a District Court Judgeship. However, I was not appointed by the Governor.
2. What qualifies you for this position?
I have over 34 years of experience as a practicing attorney and judge in my home state of New Mexico. My experience is in nearly every area of law that comes before the courts of New Mexico. I served as a district judge for over 9 years and I currently serve as a judge on the Court of Appeals, having been appointed in April 2021. Before becoming a judge, I served as a prosecutor in the First and Fourth Judicial Districts. In my practice, I was a criminal defense attorney and I handled a wide variety of civil cases from divorces and auto accident cases to complex wrongful death cases.
Strong academic and legal background: 1973 BA economics, University of Chicago; 1989, JD, Washington College of Law (American University), 4th highest in class. Employed as a Public Defender for 30 years.
Strong person: morally, spiritually, mentally, and physically.
Good understanding of the cultures and values of New Mexicans. I’ve lived here 45 years; participated in Native American ceremonies; traveled extensively through Navajo-land; currently employed at the Pueblo of Isleta.; and Jewish. A good mix of cultures.
I have been a Family Lawyer since 1988. Family law involves everything that touches the lives of our citizens. Some of those kinds of cases are divorces, custody and time sharing, child support, peoples’ houses and personal belongings, at times domestic violence, crimes, business matters, estate planning and retirement plans. Family law can be very challenging, but is also very rewarding. The Court of Appeals hears cases that someone believes a trial judge decided incorrectly. Being a Family Lawyer both in and out of the Courtroom on a variety of cases is a great background/foundation.
3. What policies are needed to keep the judiciary independent from political influence?
First and foremost, the judiciary must remain independent from any influence, political or otherwise. I believe the current Canons of Judicial Conduct sufficiently set forth the expected conduct of a judicial candidate in a partisan election. However, I think the requirements to qualify for public financing for judicial campaigns should be adjusted. Instead of having our committees collect over 1,300 $5 contributions, a different threshold should be required in order to take money completely out of the process.
Mainly, the judiciary needs to do its job and protect our constitutional rights from government. How quickly we, the people, lost our freedom to a virus. I don’t understand “emergency powers” that continued over two years. The Governor used a Riot Control Act designed to control riots to lock-down Gallup; she closed the churches entirely the night before Easter 2020; she told us what to wear and how many people we can have in our homes, and the Courts did nothing. Our rights are embodied in our federal and state constitution and the Court needs to protect the people from abuse of power.
The Judiciary is an equal branch of our government. Each branch has different responsibilities. Our Courts are responsible for following the law when deciding a dispute. Every case has facts relating to that case. Judges must not make those decisions based on outside influences. Judges should not create law as the legislative branch of government is responsible for that. Judges are to apply and follow the rule of law. When the voters learn about candidates, they should vote for the one that fills the job description.
4. What improvements, if any, are needed in the Supreme Court?
In New Mexico, every litigant is entitled to one appeal. The great majority of those appeals are heard by the Court of Appeals (COA). As a result, the COA has hundreds of cases on its docket. Each of these cases takes time to review and decide. Thus, the COA is a very busy court. The COA is working hard to resolve these appeals in a timely manner. However, the judges at the COA are acutely aware of the need to get these appeals resolved more quickly. Thus, the COA, myself included, is constantly looking at ways to more efficiently and expeditiously decide these appeals.
Speedier resolution of cases. More backbone to stand up and enforce the constitution against the other branches of government.
Our citizens deserve more expedient decisions from the Court. The litigants’ lives are often on hold for years while their case in the Court winds its way through the complicated system of an appeal. The job is to determine whether a case was decided correctly and if not to reverse it, and send it back with instructions and explanations that give citizens and judges guidance. If the case was decided correctly, it should be affirmed quickly so that the litigants can move forward with their lives. Hopefully, I can assist with streamlining the process and working for all our citizens.