THE LEAGUE OF WOMEN VOTERS OF NEW MEXICO

JUDICIAL OFFICES

Each justice of the Supreme Court of New Mexico, judge of the Court of Appeals, district judge, or metropolitan court judge must be elected to that position in a partisan election prior to being eligible for a nonpartisan retention election. In a partisan election, the candidate receiving the most votes will be elected. In a retention election, the justice or judge must receive a 57% "yes" vote out of all the votes cast on the question of whether the justice or judge should remain in office. The website of the Judicial Performance Evaluation Committee, www.nmjpec.org, includes evaluations and information about retention candidates. As a nonpartisan organization, the League of Women Voters does not support, oppose, or make recommendations regarding any political party or candidate.

JUSTICE OF THE SUPREME COURT

The five justices on the Supreme Court are elected by all voters in the state and serve eight-year terms. The Supreme Court is located in Santa Fe and serves as the administrative head of the New Mexico judicial branch of government. It is the "court of last resort" for state appellate actions, regulates attorneys and judges, and has superintending control over all lower state courts. It has jurisdiction over civil cases where jurisdiction is not specifically vested in the state Court of Appeals, appeals from criminal cases imposing the death penalty or life imprisonment, appeals from decisions of the New Mexico Public Regulation Commission, certiorari review of state Court of Appeals decisions, and cases certified to it by the state Court of Appeals or any federal court. To be eligible to hold the office of Justice of the Supreme Court, a person must be 35 years old, have practiced law for at least 10 years, and have resided in New Mexico for the last 3 years. Salaries are: Chief Justice, $125,691; Justice, $123,691.

Justice of the Supreme Court - Partisan

Candidate: Charles W. Daniels, Democrat

1. How have your training, professional experience, and interests prepared you to serve on this Court? (65 words)
   
   Before being appointed to the Court, I spent over 38 years as a courtroom lawyer, law professor, researcher and writer. See www.keepjusticedaniels.com. I also have experienced a wide range of personal and community activities that help me appreciate how the law affects real people in their day-to-day lives. I have learned the importance of being a problem solver, instead of a problem maker.


2. What programs and changes to improve the New Mexico Supreme Court do you plan to implement? (65 words)
   
   Without reasonable access to the justice system, people do not have reasonable access to justice itself. I will work toward making our processes fairer and our courts more accessible. We must correct the things that should be corrected and help communicate a better understanding and appreciation of the fundamentally important protections in our law that should be safeguarded.


3. What ethical practices are critical to keep the judiciary independent from political influence? (65 words)
   
   Judges should separate themselves from even the appearance of being affected by political influence. Despite the fact that the law currently requires that judges undergo their first election as a political candidate, I firmly believe that I must be a Justice for all citizens, regardless of political or other extraneous considerations. Without justice for all, there is no true justice.


4. What role do personal beliefs play in your judicial decision-making? (65 words)
   
   I believe in the concept of equal justice under the law, and that personal commitment should never be forgotten. Personal beliefs must not override the rule of law, however. Judges must respect the important roles of the executive and legislative branches in our constitutional system of government, and to the inalienable right of the people to govern themselves.

Justice of the Supreme Court -- Retention

Candidate: Patricio M. Serna

1. How have your training, professional experience, and interests prepared you to serve on this Court? (65 words)
   
   J.D. degree from University of Denver School of Law. L.L.M. degree from Harvard Law School. Assistant Attorney General for four years and six years in private practice. District Court Judge from 1985 until 1996, including a four-year term as Chief Judge. Supreme Court Justice since 5 December 1996; Chief Justice in 2001 and 2002; currently Senior Justice.


2. What programs and changes to improve the New Mexico Supreme Court do you plan to implement? (65 words)
   
   Assist the New Mexico Supreme Court in implementing: Supreme Court Long-Range Strategic Plan, Supreme Court Commission on Access to Justice Plan, the New Mexico Tribal-State Judicial Consortium initiatives, Supreme Court Interpreter Advisory Committee initiatives. I will continue to effectively, fairly, and timely handle the ongoing workload, including petitions, motions, decisions and opinions.


3. What ethical practices are critical to keep the judiciary independent from political influence? (65 words)
   
   The critical components of judicial independence are fairness, impartiality, integrity, wisdom, professionalism and courage. Judicial independence must also encompass judicial accountability. The evaluation of judges by a Judicial Performance Evaluation Commission, using clear performance criteria, is key to judicial accountability. An independent judge rules fairly and impartially, free from extraneous influences and immune to outside pressure.


4. What role do personal beliefs play in your judicial decision-making? (65 words)
   
   Personal beliefs play no role in my judicial decision-making because my responsibility is to decide cases fairly and impartially, based on the law, free of political or other influences. The rule of law, as set forth by our constitution, statutes and common law, is my guiding star that I will always follow.

JUDGE OF THE COURT OF APPEALS

The ten judges on the Court of Appeals are elected by all voters in the state and serve eight-year terms. As the intermediate appellate court between the district courts and the Supreme Court, the Court of Appeals currently 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. The judges sit in panels of three judges to decide cases. Eligibility for office is the same as that of Supreme Court Justices. Salaries are: Chief Judge, $119,406; Judge, $117,506.

RETENTION ELECTIONS FOR JUDICIAL OFFICES

Voters at a retention election may vote either “yes” or “no” for each individual judge running for retention. To retain the office, a judge must receive 57% “yes” votes of all the votes cast on the question of retention.

Judge of the Court of Appeals - Retention

Candidate: Jonathan B. Sutin

1. How have your training, professional experience, and interests prepared you to serve on this Court? (65 words)
   
   I have been on the Court almost ten years, serving as Chief Judge the last two. I was a trial and appellate lawyer in private practice in Albuquerque for 33 years, after starting with the Justice Department, Civil Rights Division, in 1963-65. I am wed to the principle of the rule of law and to justice in our society.


2. What programs and changes to improve the New Mexico Court of Appeals do you plan to implement? (65 words)
   
   The Court meets regularly regarding its performance and changes to improve the Court. At my urging, the Court has significantly expanded its extremely well-received program of holding oral arguments in actual cases in public schools throughout the State. This program provides students with an understanding of the judicial process and they gain appreciation of the important role of the judiciary in resolving disputes.


3. What ethical practices are critical to keep the judiciary independent from political influence? (65 words)
   
   Three members of the Court must participate on each appellate opinion. We are duty bound to timely decide cases based solely on the law and the facts, to write principled, rational, and logical opinions, and not to engage in pursuing a result based on political or personal agendas. We are to be held accountable under the strict ethical and professional standards that govern judges.


4. What role do personal beliefs play in your judicial decision-making? (65 words)
   
   Personal beliefs play no role in my appellate judicial decision-making, nor ought they play any role. My judicial decision-making is based solely on the law and the facts, and I do the best I can to write opinions that are principled, rational, logical, and fair.

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