The League of Women Voters of New Mexico
Voters' Guide to the 2012 Election
last revised 10.22.2012
last revised 10.22.2012
Vacancies for courts in New Mexico are filled through gubernatorial appointment from a slate of potential nominees submitted by a judicial nominating committee. The newly- appointed judge must then run in a contested, partisan election at the next general election. Thereafter, the judge runs in nonpartisan retention elections for set terms. To be retained a judge must receive at least 57% in affirmative votes cast in the retention election.
Supreme Court Court of Appeals
The five justices on the Supreme Court are elected by all voters in the state and serve eight-year terms. 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. The Supreme Court 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. Annual salaries: Chief Justice, $125,691; Justice, $123,69
1. What attributes and experience prepare you for service as a New Mexico Supreme Court Justice? (65 words)
As a District Court Judge for 12 years I have extensive judicial experience which is the most significant experience for service on the Supreme Court. As Chief Judge I am responsible for the oversight of court operations. My values are shaped by my experiences. Having lived a life knowing tragedy, hardship, the importance of family and hard work I understand the challenges people face.
2. What ethical practices are critical in keeping the judiciary independent from political influence? (65 words)
An independent, fair, and impartial judiciary is indispensable to our system of justice. The Code of Judicial Conduct governs the political activities of judges in order to maintain those principles which sustain an independent, impartial and competent judiciary. All judges including myself must obey the Code of Judicial Conduct in order to preserve these principles.
3. What programs and changes to improve the New Mexico Supreme Court would you like to see implemented? (65 words)
The Supreme Court along with the entire judiciary has been forced to incur significant budget decreases. Although the judiciary is an equal branch of government, its total budget is 2.5% of the entire state budget. Large cutbacks affect the administration of justice by limiting the number of new judgeships, the implementation of necessary technology needed to manage cases and to pay competitive salaries.
1. What attributes and experience prepare you for service as a New Mexico Supreme Court Justice? (65 words)
When I was appointed to the Supreme Court ten years ago, I helped clear a large backlog of cases, some of which had been pending for over a year. Additionally, I have practiced law in New Mexico for over 35 years, first serving as a public defender and then in private practice where I have focused on both civil and criminal cases.
2. What ethical practices are critical in keeping the judiciary independent from political influence? (65 words)
The laws of the land, of New Mexico, and of the United States, are the expressed will of the people. It is fundamental, in fact critical, that judges guard against the temptation to substitute their individual preferences for the law itself-for what is already in our statutes-effectively overriding the judgment of all New Mexicans. A truly independent judiciary must adhere to these principles.
3. What programs and changes to improve the New Mexico Supreme Court would you like to see implemented? (65 words)
Courts should be more responsive to the people. Delays cost New Mexicans, and impede the cause of justice. We should adopt procedures that provide for timely resolution of cases, and because we serve the people, not the other way round, we should endeavor to publish written opinions of every decision. The people deserve to know what judges rule, as well as how and why.
The ten judges on the Court of Appeals are elected by all voters in the state and serve eight-year terms. To be eligible to hold the office of Judge of the Court of Appeals, 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. 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. Annual salaries: Chief Judge, $119,406; Judge, $117,506.
1. How have your training, professional experience, and interests prepared you to serve on the New Mexico Court of Appeals? (65 words)
I have served as a District Court Judge for the past seven years. As a civil trial attorney for over 18 years, I practiced throughout the State and in Federal Courts, including the Tenth Circuit Court of Appeals and the U.S. Supreme Court. My extensive experience of arguing cases as well as presiding over trials has prepared me for this position.
2. What improvements are needed in the Court of Appeals and how could those improvements be implemented? (65 words)
We currently have a very good Court of Appeals bench. I would not propose improvements, but rather propose to enhance the Court of Appeals by expanding its collective experience to include juvenile justice, abuse and neglect cases and adoptions. There is no current sitting Court of Appeals judge with this experience.
3. What ethical practices are critical in keeping the judiciary independent from political influence? (65 words)
Under the Code of Judicial Conduct, judges are required to establish, maintain and enforce high standards of conduct. We are also required to personally observe those standards so that the integrity and independence of the judiciary will be preserved. When we are sworn in as judges and we put on that black robe, we accept those restrictions freely and willingly. There are no exceptions.
1. How have your training, professional experience, and interests prepared you to serve on the New Mexico Court of Appeals? (65 words)
My service as a Court of Appeals Judge follows seventeen years of extensive appellate practice. Having worked for three federal appeals judges, represented the United States in appellate litigation for a decade, and now been a participant in dozens of appellate rulings, I add specific experience and passion for appellate law to our ten-member court that resolves nearly 1000 cases per year.
2. What improvements are needed in the Court of Appeals and how could those improvements be implemented? (65 words)
Citizens will see their access to courts suffer if funding to the Judiciary is not meaningfully increased. Our appellate and district courts operate under budgetary constraints that result in hardship to both litigants and court personnel. Adverse effects include delay in case resolution, less access to indigent services, and a decrease in the capacity to resolve disputes outside of the courtroom.
3. What ethical practices are critical in keeping the judiciary independent from political influence? (65 words)
The most significant ethical dilemma preventing our judiciary from achieving political independence are elections based upon party affiliation. Appointed jurists like myself serve only after recommendation by Bi-partisan Judicial Nominating Commissions and selection by the sitting governor, regardless of party. It disserves the public that immediately afterward we are required to associate with a single political entity in order to be elected.
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