Merit selection of judges matters
The selection of a judge is tricky. Let me explain what District Court Judge Melissa Kennelly faces in June, and tell you why I think Democratic voters in Taos, Union and Colfax counties should support her for district court judge in the primary election.
Historically, a judge was either elected in a partisan election or got the job by political appointment. Both methods embroiled the judiciary in politics and gave “merit selection” little consideration in the choice of a judge.
In 1940 the Missouri Plan became a widespread reform effort to reduce the pressure of politics on the judiciary. The Plan calls for a politically balanced commission to solicit applications from lawyers who wish to serve. After a robust vetting, the commission presents the governor with a list of qualified candidates from which to choose a new judge. If retained by the voters in a nonpartisan election in the next general election cycle, the newly appointed judge faces a retention election every six years.
Under the Missouri Plan, a judge never has to declare a party and does not have to defend himself or herself against all comers in a partisan primary or a general election. This method of selecting judges puts “merit selection” over political connections.
New Mexico voters adopted a modified Missouri Plan when they amended the state’s constitution in 1988. The New Mexico plan deviated from the Missouri Plan in one significant way: Once appointed, the judge retained the job only if elected in a partisan vote in the next election cycle.
This flaw in our New Mexico plan turns “merit selection” on its head. Any attorney who meets the minimum requirements (35 years old and a lawyer for six years) can declare his or her candidacy for judge without being vetted by a judicial selection commission.
I sat on the judicial selection commission that vetted candidates to replace retiring Judge Sarah Backus. Melissa Kennelly made a good impression on me when I appointed her as the staff attorney for the court, but I was even more impressed by her merit as an applicant to replace Judge Backus. She was Governor Lujan Grisham’s choice to fill the vacancy. As chief judge for the district, I could not have been more pleased.
Now she must stand for partisan election.
Three Democratic candidates seek to unseat Judge Kennelly. Each tout their experience and accomplishments. Serving on three commissions and being vetted by one, I understand that every commission considers more than a lawyer’s achievements when vetting a candidate. Traits such as intellectual ability, ethical standards, character, reputation for honesty, writing and speaking skills, confidence, maturity, and integrity rank high on its list of qualifications that make a good judge.
Candidate Anthony Ayala chose not to submit himself to the rigors of vetting with any of the last four judicial selection commissions. Voters have no standard by which to compare his qualifications to Judge Kennelly’s other than his long list of accomplishments in his campaign ads. Law experience alone does not a judge make. In the past, Ayala made an unsuccessful primary bid to unseat Judge Emilio Chaves.
Betsy Musselman is also challenging Judge Kennelly. I respect the work she has done as a Taos attorney and as a domestic relations commissioner. To her credit, Musselman has submitted herself to vetting by judicial selection commissions on at least three occasions. Each time she was not listed as a qualified candidate for judge. In the past, she lost a challenge to sitting Judge John Paternoster in the Democratic primary.
The third candidate challenging Judge Kennelly is former assistant district attorney Steve Romero. Romero has distinguished himself as a prosecutor and through his service to our country in the military reserves. He did not ask the last two judicial selection commissions to vet his application. Most likely, he did not because he would not have at that time met the age requirement (35 years old) to be a judge. Raised in Cimarrón, Romero may one day make an excellent judge for the 8th Judicial District Court. A judge must have the maturity to serve – maturity as a person and a lawyer. Romero’s time has not come.
I hope one day, voters will amend the process of selecting judges and adopt the Missouri Plan, a true “merit selection” system. Until then, I urge the voters of the Eighth Judicial District to support the concept of merit selection in the Democratic primary and vote to retain Judge Melissa Kennelly.
The Hon. Jeff McElroy is retired as a judge with the 8th Judicial District Court in Taos.