Santa Fe New Mexican

SANTA FE COUNTY MAGISTRATE JUDGE DIVISION 2

-

Four-year term. The 54 Magistrate Courts have limited jurisdicti­on, hearing cases with claims up to $10,000 in tort, contract, and landlord/tenant civil cases, plus misdemeano­r, DWI/DUI and other traffic violations. Magistrate Judges also conduct preliminar­y hearings in felony cases. There are 67 Magistrate Judges. Minimum qualificat­ions: at least 18 years of age, resident of the district, high school graduation or equivalent.

1. How have training, profession­al experience and interests prepared you for this office?

I have over 30 years of experience and training in the legal field. After I graduated from the College of Santa Fe with a Bachelor Degree in Business Public Administra­tion I began my career with the First Judicial District Court as a Court Monitor. While employed with the court I was able to observe various types of hearings such as Criminal, Childrens Court, Civil and Domestic cases. This is valuable knowledge. I had the pleasure of working with Judges, attorneys and the public for 9 years. I worked for 4 years at the NM Supreme Court as a Paralegal. I finished my career with the NM Environmen­t Department where I worked as a Advanced Paralegal and a Chief Records Manager for over 17 years. I am passionate about helping people.

I previously held positions as a clerk and court manager where I was given the opportunit­y and privilege of gaining 18 years of Magistrate Judicial experience. During that time I was eager to learn every aspect of the court system, and I strived to obtain the necessary knowledge to be able to contribute to the judicial system in a larger way. I attended and engaged myself in the state judicial conference­s that were mandated by the Magistrate Court Division. I later had the privilege of serving 8 years with the Santa Fe County Sherriff’s Office as a deputy reserve. The experience and knowledge I gained seeing both sides of the law enforced, as a deputy and judicial court manager, was invaluable and allowed me to grow in both areas of the law

I have worked as attorney at the DA’s for nearly 3 years, logged nearly 4000 appearance­s in magistrate court, and managed between 80 and 140 cases at any given moment. I have always sought to aid the court in its truth-seeking function. I have dismissed any cases that had no merit, or that clearly violated a defendant’s rights. I have experience going the extra mile. I was able to secure funding a start a new treatment court in Espanola. My interest is in seeking truth and developing the court’s capacity for service to the public as outlined in my THRIVE plan. Informed people make better choices, and save taxpayers a lot of money. I hope to create the circle of trust in our basic institutio­ns that is so needed at this time.

I am currently employed with the First Judicial District Court, as the court monitor for Judge Jason Lidyard. I am involved in various cases, including criminal, civil, probate, guardiansh­ip, and sequestere­d cases, among others. The cases range in severity from a straightfo­rward landlord/tenant dispute up to quadruple homicide. This position allows me first-hand knowledge of the issues facing our community. I am responsibl­e for attending hearings, handling evidence, drafting orders, communicat­ing with the public and counsel, and managing the Judge’s calendar. My experience in this area requires a high attention to detail and the ability to adapt quickly. It is important to get involved, roll up your sleeves, and make a positive impact.

2. What policies are necessary to keep the judiciary free of political influence?

It is very important to keep the judiciary free of political influence by making sure that judges aren’t accepting money to do favors for the public. There should be total transparen­cy when it comes to making sure that rules are being followed so that everyone has a fair hearing. It is important to elect people who have very high standards and ethics into judge positions so that the community isn’t harmed by misdeeds. As a judge you should not concern yourself as to what political party a person belongs to. You should follow the law and weigh the evidence as is required. Everyone that comes into your court should be treated fair and equal. It is important that there is training provided to the judges on a yearly basis.

Following the judicial code of ethic and the canons that are set out by the NM State Supreme Court. I’d like to really emphasize that my number one priority would be to assure that everyone who enters the courtroom be treated equally and fairly regardless of status, regardless of the policies set out, I would not allow political influence to control my decision making.

The judicial and political are intertwine­d the world over. The Founders’ solution was lifetime appointmen­ts. While campaignin­g, I have found it inspiring to connect with people, and to realize how aware New Mexicans are of their history. I don’t think we would favor any kind of top-down tinkering with what we have. For example, while it can seem strange to elect judges, I don’t think we want to hand a blanket appointmen­t power to the executive branch. At the magistrate level, especially in rural areas, it makes sense why we keep the courts open to a popular contest. It promotes accountabi­lity. This should be a “court for the people,” and that is why my “Let’s THRIVE, Santa Fe!” campaign has been developed with increased service in mind.

As an elected official who serves the community in the capacity as a judge, it is important for the judiciary to be free from any political influence. All judges are monitored for compliance of and adherence to the Judicial Code of Conduct. Judges must hear and decide cases before them on the basis of the facts and evidence presented, in accordance with the law, all while maintainin­g impartiali­ty. Judges should be individual­s with integrity, appropriat­e qualificat­ions and trusted by the community. When elected, I will agree to and abide by the Judicial Code of Conduct and the ethical principles establishe­d within it. The Code of Conduct sets forth ethical guidelines that judges must follow.There is no need or purpose for a political agenda.

3. What, if any, changes to the laws would you support to assure fair treatment for everyone?

Fair treatment for everyone is very important to make sure that no one is being discrimina­ted against. There should be a way to monitor this and make the needed correction­s when necessary. And if a judge is doing something illegal, they should be held accountabl­e.

Judges don’t make the laws. Assuring both sides are heard in court and making a judgement on what is presented in court. Everyone needs to be treated fairly and that should be the priority of any Judge. Judges have to support all laws and govern as laid out by the New Mexico State Legislatur­e.

Fairness starts with enabling everyone to make good choices. So:

1. A massive increase in public education funding. I will leave that to the legislatur­e.

2. A substantia­l pay raise for state employees. The staff I work with at the DA’s, and the staff at the courts, are immensely burdened. Many help crime victims process grief in a time of sudden loss. They should be compensate­d better than Becky at Domino’s.

No one gets the job done without support. So fairness, too, is establishe­d not by top-down directives, but by lending support where it is needed. To this end, I will seek to hire a fulltime, bilingual paralegal (independen­t from the court) to educate, make referrals, and help people make good decisions. TRANSPAREN­CY is a promise.

In 2017, New Mexico passed a law that changed how bonds were handled in the courts. This change reduced the judge’s ability to keep dangerous individual­s behind bars while awaiting trial. Now, a person can commit a violent crime and, based upon the standards within the pre-trial detention rules, can be found to be not dangerous and released from custody and back into society. The state must prove the defendant is a danger, and there are no conditions of release that can ensure the safety of the victim, the community or the individual themselves. Certain conditions of release that may be appropriat­ely considered, such as electronic monitoring with GPS and other monitoring devices, but the flaw in this law should not be lost on the public.

4. What can be done to eliminate the judicial backlog?

The first way to eliminate the judicial backlog is to work hard as a judge. Figure out the best course of action to take and get things back on track. I believe that having programs such as drug courts, counseling for domestic violence, community service and peer mentoring can help with the backlog. Speeding tickets and small moving violations could be sent to a drivers education program so that it can be a learning experience. Also, providing workshops on landlord tenant issues. Having a mediation program might also work for property disputes. I am willing to look at how to improve the system while making sure that everyone gets a fair hearing. Treating all judicial employees with respect and appreciati­on.

To incorporat­e the lessons that we have learned during this pandemic with virtual hearings and continuing to expand on how we could implement these usages better for the court system. I think it is important to work towards creating an environmen­t that is attractive to work in. Creating opportunit­ies for growth and advancemen­t. Doing this will allow the hiring and retention of quality court clerks. Providing clerks with the proper training so they have the tools and confidence to be able to work effectivel­y and efficientl­y. Building morale in the work place and keeping the clerks happy is important because they are the ones who make the court look and perform well. All of the things mentioned above would help eliminate the judicial backlog

The answer is diligence (which is why experience matters). But please understand it is not the court but the parties that ultimately drive the efficiency of the process. That said, I plan to make the parties accountabl­e.

1. Rights-focused DWI case management. This means outlining two clear tracks for cases, one aimed at simple plea deals (where no major issues at stake), the other at ensuring a fair trial for the accused.

2. Address the roots of domestic violence. NM is 2d in the US for DV homicides. We must stop these crimes before they escalate. Programs are already at work in NM (notably Taos) to center DV cases. I will launch a similar program in SF within 1 year. We owe it to each other to do what has been shown to work.

Delayed justice is no justice. It is important to have strong leaders and staff in the court. Prosecutor­s and defense attorneys are required to process their cases in a timely manner. Cases will be monitored by monthly docket reviews to ensure no case “falls through the cracks”. Once elected, I will personally review each case in Division 2 to ensure that they have not been pending for more than one year. For cases that exceed this timeframe, I will set the matter for a status hearing to determine the source of the delay and continue the progress toward resolution. Once elected, there will be no task too big or small. Given my experience with the courts, I have the knowledge and ability to help with the administra­tive portion of the work.

 ?? ?? Dev Atma Singh Khalsa (Democrat)
Dev Atma Singh Khalsa (Democrat)
 ?? ?? Melissa Y. Mascarenas (Democrat)
Melissa Y. Mascarenas (Democrat)
 ?? ?? Michael R. Roybal (Democrat)
Michael R. Roybal (Democrat)
 ?? ?? John A. Baca (Democrat)
John A. Baca (Democrat)

Newspapers in English

Newspapers from United States