N.M. Const. art. VI, § 39
A. A "public defender department" is established as an independent state agency. The chief public defender is the administrative head of the public defender department. The term and qualifications of the chief public defender shall be as provided by law.
B. The "public defender commission" is established. The public defender commission shall appoint the chief public defender. The public defender commission shall exercise independent oversight of the department and provide guidance to the chief public defender in the administration of the department and the representation of indigent persons. The commission shall not interfere with the discretion or the professional judgment or advocacy of a public defender office, a public defender contractor or assigned counsel in the representation of individual cases. Terms, qualifications and membership of the public defender commission shall be as provided by law. (As added November 6, 2012.)
Cross references. — For the judicial standards commission, see N.M. Const., art. VI, § 32.
For the appellate judges nominating commission, see N.M. Const., art. VI, § 35.
For the district court judges nominating committee, see N.M. Const., art. VI, § 36.
For the metropolitan court judges nominating committee, see N.M. Const., art. VI, § 37.
The 2012 amendment to Article VI, which was proposed by H.J.R. No. 26 (Laws 2012) and adopted at a general election held on November 6, 2012 by a vote of 404,132 for and 247,242 against, added this section.
AMENDMENT OF RULES GOVERNING
JUDICIAL NOMINATING COMMISSIONS AND COMMITTEES
OF THE STATE OF NEW MEXICO
Kevin K. Washburn, Dean of the University of New Mexico School of Law and Chair of the Appellate Judges Nominating Commissions established under Article VI, §§ 35, 36 and 37 of the New Mexico Constitution, submits to the New Mexico Compilation Commission for publication the following amendments to the Rules Governing the Judicial Nominating Commissions and Committees. These amendments to the rules were drafted to provide clear procedures for active solicitation of judicial candidates by commissioners and for procedures, including active solicitation, if the Governor requests additional names. To date, these rules, as amended, have been adopted by the Appellate Court Judicial Nominating Commission and the District Court Judges Nominating Committees for the First, Second, Third, Fifth, Eighth and Twelfth Districts, as well as the Bernalillo County Metropolitan Court Nominating Committee. One of the amendments, set forth in the current version as Section 11, has also been adopted by the Fourth, Sixth and Tenth Judicial District Judges Nominating Committees. These amendments will be presented for adoption by the remainder of the District Court Judges Committees when meetings in the remaining judicial districts are presented.
Kevin K. Washburn, Chair Judicial Nominating Commissions
Kevin K. Washburn, Chair Judicial Nominating Commissions
JUDICIAL NOMINATING COMMISSION RULES
SECTION 1. Rules.
A. These Rules shall be known as the "Rules Governing Judicial Nominating Commissions," and are applicable to the appellate judges nominating commission, the district court judges nominating committees and the metropolitan court judges nominating committee established under Article VI of the New Mexico Constitution.
B. These Rules shall be effective beginning upon adoption by each commission (Appellate, District, Bernalillo County Metropolitan).
C. By a majority vote of those commissioners present, each judicial nominating commission or committee may adopt additional rules consistent with the Rules Governing Judicial Nominating Commissions, Article VI of the New Mexico Constitution and state law.
SECTION 2. Role of the Chair.
A. Upon the occurrence of a judicial vacancy or an upcoming judicial vacancy, it is the responsibility of the chair to announce publicly the existence of the vacancy, the application and nomination process and the deadline for applications.
B. The chair shall provide notice of the vacancy to the persons charged by the constitution with the duty of appointing commissioners and shall coordinate the appointment of commissioners in accordance with the constitutional requirements.
C. The chair shall schedule the meetings of the commission and provide the media with notice of the date, time and place of the meetings.
D. The chair shall provide an application packet to applicants and persons nominated by others. For inclusion in the packet, the chair shall prepare a questionnaire requesting information relevant to the evaluation criteria specified in Section 5 of these Rules. Except as specified in the questionnaire, the questionnaire becomes public upon submission.
E. The chair, after the deadline for applications has passed, shall provide the media with the list of applicants who will be considered for the vacancy and date of interviews.
F. The chair shall prepare a proposed agenda and shall send the agenda and the applications to the commission members prior to the meeting.
G. The chair shall determine the order of interviews.
H. The chair shall send a list of the applicants to the Chief Disciplinary Counsel of the Disciplinary Board and request verification that none of the applicants has been the subject of a formal specification of charges.
I. The chair shall send a list of those applicants who are serving as judges in the state to the Executive Director of the Judicial Standards Commission and request verification that none of those applicants has been the subject of formal disciplinary charges.
J. Upon written request by a commissioner, the chair may seek additional information from the applicant or others relevant to the evaluation criteria specified in Section 5 of these Rules.
K. The chair shall preside over meetings of the commission.
L. The chair shall file the oaths of office executed by the commissioners with the Secretary of State.
SECTION 3. Role of the Commissioners.
A. Each commissioner shall take an oath of office prior to the start of a meeting of the commission.
B. Each commissioner shall disclose to the commission all current or past professional, family, business, and other special relationships with any of the applicants. These relationships shall not disqualify a commissioner from participating unless the commissioner feels that he/she cannot be impartial and cannot comply with his/her oath of office as to any applicant.
SECTION 4. Active Solicitation.
A. Upon the occurrence of a judicial vacancy or upcoming judicial vacancy, it is the responsibility of the chair and the commissioners to actively solicit applicants for the position in the following ways.
B. The chair shall advertise the vacancy in as many of the following ways as possible, given the amount of time and financial resources available:
1. Announce vacancy to media within the relevant jurisdiction.
2. Announce vacancy to state, county and local bar associations, including women, minority and specialty bars (including, for example and when appropriate, organizations representing prosecutors, criminal defense attorneys, government attorneys, trial lawyers, and insurance defense lawyers) by notification to their publications and/or listservs.
3. Send email announcement to all bar association members within the Judicial District.
4. Notify the Bar Commissioners who represent lawyers in the Judicial District, asking them to suggest candidates and encouraging them to personally contact qualified attorneys to ask them to apply.
5. Identify specific sections, divisions, or committees of the State Bar whose membership might have an interest in and qualifications for the new or vacant position, asking the chairs to suggest names, and encouraging them to personally contact qualified attorneys to ask them to apply.
6. Invite nominations of qualified candidates by third parties. Invite nominated candidates to apply.
7. Place notice on the Judicial Nominating Commission website, on court websites in the relevant jurisdiction, and on the Governor's website.
8. Send notice of the vacancy to previous applicants from the relevant jurisdiction.
9. Prepare educational materials about the application process and required qualifications and make them widely available.
10. Send letters out to each member of the bar of the relevant jurisdiction asking them to apply.
C. Commission member shall make every effort to identify qualified applicants and place telephone calls to encourage them to apply.
D. When actively seeking qualified applicants, commissioners shall inform the prospective applicant that being approached by a commissioner does not guarantee a nomination. Each applicant, whether actively recruited or independently seeking a nomination, will be subject to the same investigative and interview procedures. It is important for recruited applicants to realize that they will not be given special consideration simply because the commission is inviting their applications.
SECTION 5. Evaluative Criteria.
The commissioners shall evaluate the applicants on the basis of the constitutional requirements and the following evaluative criteria:
* physical and mental ability to perform the tasks required
* impartiality
* industry
* integrity
* professional skills
* community involvement
* social awareness
* collegiality
* writing ability
* decisiveness
* judicial temperament
* speaking ability
SECTION 6. Commission Meetings.
A. A majority of the commission shall constitute a quorum. Should the chair be absent, the commission will choose a chair from among its members.
B. Meetings shall be open to the public.
C. The public shall be notified of the meeting through notice in the media and in accordance with the commission's Open Meetings Act notice resolution.
D. The chair shall report on actions taken before the meeting on behalf of the commission pursuant to Section 2 of these Rules.
E. Members of the public shall be allotted time for comments or questions concerning the policies and procedures of the commission and also time for comments concerning individual applicants. Public comment by any individual shall be limited to 5 minutes.
SECTION 7. Interviews.
A. Interviews shall be conducted in the order determined by the chair, unless the commission determines that a change is warranted by the circumstances.
B. Unless the commission decides that a different time schedule would be appropriate, applicants shall be scheduled for interviews at intervals of at least 20 minutes and may choose to start with an opening statement of no more than 5 minutes.
C. Each commissioner shall be given the opportunity to question each applicant.
D. Each commissioner should ask each applicant about any information which the commissioner has learned or heard regarding the applicant and which the commissioner intends to raise in closed session.
E. The commission may, for good reason, hear any applicant on a confidential subject in closed session.
SECTION 8. Closed Session.
A. Following the interviews, the commission may go into closed session to discuss the applicants' qualifications and to evaluate them according to the evaluative criteria specified in Section 5 of these Rules. The discussion during closed session shall be confidential. The extent of confidentiality shall be determined by the commission, but, in any event, shall extend to prohibit express or implied attribution of comments or opinions to individual commissioners.
B. As part of the discussion of the applicants, straw votes, non-binding and by secret ballot, shall be taken to determine support for particular applicants.
C. Before each round of straw votes, the names of the applicants then under consideration shall be raised for discussion by the Commission.
D. Commissioners shall cast only one vote per applicant but may vote for as many of the applicants as he/she wishes.
E. When the commission, in closed session, after deliberations and at least two rounds of straw votes, believes that it is ready to vote in public session, the commission shall reconvene in open session for a final vote.
SECTION 9. Formal Vote.
A. The commission, using the evaluative criteria set forth in Section 5, shall determine which applicants are both qualified for judicial office and should be recommended to the Governor for appointment.
B. The formal vote shall take place in public session. The chair may vote only in the event of a tie. A vote of the majority of the commissioners present shall be required to recommend a nominee or nominees to the Governor.
C. In recognition of the fact that the New Mexico Constitution vests the Governor with the authority to appoint judges and that the commission does not select the judges, the commission should strive to recommend a list of two or more names for each position to the Governor.
SECTION 10. Recommendation to the Governor.
The chair shall send to the Governor, in alphabetical but unranked order, the names of the applicants recommended by the commission. The chair shall notify the media and all applicants of the commission's recommendation to the Governor.
SECTION 11. Request for Additional Names.
If, after receiving the recommendation of the commission, the Governor chooses to request additional names, the chair shall:
A. Actively solicit further applications for the position;
B. Schedule a second meeting of the commission;
C. Provide notice to the applicants, commissioners, media and public of the second meeting;
D. Supply to the media a list of additional applicants, if any;
E. Preside over a second meeting of the commission, following the process set out in these Rules under Sections 3 - 9, including notice to the Governor of any additional names recommended by the commission.
SECTION 12. Forms.
A. Oath/Affirmation of Office
B. Open Meetings Act Resolution
C. Applicant Questionnaire
O A T H
I, __________________, do solemnly swear that I will support the Constitution of the United States and the constitution and laws of the State of New Mexico; and that I will faithfully and impartially discharge the duties of the office of Commissioner, __________________ Judicial Nominating Commission, on which I am about to enter, to the best of my ability, SO HELP ME GOD.
Commissioner's Signature Sworn and subscribed before me this ______________ day of ______________, __________. Notary's Signature Title My commission expires _________________________________________
Commissioner's Signature
Sworn and subscribed before me this ______________ day of ______________, __________.
Notary's Signature
Title
My commission expires _________________________________________
(This oath, when executed, must be forwarded immediately to the Secretary of State at Santa Fe, New Mexico, accompanied by the filing fee of $3.00)
JUDICIAL NOMINATING COMMISSION
OPEN MEETINGS RESOLUTION
WHEREAS, the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission ("Commission") met at __________________ on __________________, __________, at ________, a.m./p.m. as required per law; and
WHEREAS, Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and
WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and
WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Commission to determine annually what constitutes reasonable notice of its public meetings;
NOW, THEREFORE, BE IT RESOLVED by the Commission that:
1. All meetings shall be held on the date and at the time and place indicated on the meeting notice.
2. Notice of meetings at which applicant interviews will be conducted will be given at least ten (10) days in advance of the meeting date. Notice of other, nonemergency meetings shall be given at least three (3) days in advance of the meeting date. The notice for a meeting shall include an agenda or information on how the public may obtain a copy of the agenda. The agenda shall be available to the public at least twenty-four (24) hours before a meeting.
3. Emergency meetings will be called only under circumstances which demand immediate action to protect the health, safety and property of citizens or to protect the Commission from substantial financial loss. The Commission will avoid emergency meetings whenever possible. Emergency meetings may be called upon twenty-four (24) hours' notice, unless the threat of personal injury, property damage or financial loss require less notice. The notice for all emergency meetings shall include an agenda or information on how the public may obtain a copy of the agenda.
4. For purposes of the meetings described in paragraph 2 of this Resolution, notice of the date, time, place and agenda shall be placed in the Bar Bulletin and newspapers of general circulation in the state and posted at the Commission's office at __________________. The Secretary shall also mail copies of the written notice or provide telephone notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.
5. For purposes of emergency meetings described in paragraph 3 of this Resolution, notice of the date, time, place and agenda shall be posted at the Commission's office at __________________. Telephone notice shall also be provided to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.
6. In addition to the information specified above, all notices shall include the following language:
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact __________________ at __________________ at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact __________________ at __________________ if a summary or other type of accessible format is needed.
7. The Commission may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act.
(a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Commission taken during the open meeting. The authority for the closure and the subjects to be discussed shall be stated with reasonable specificity in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting.
(b) If the decision to hold a closed meeting is made when the Commission is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity is given to the members and to the general public.
(c) Following completion of any closed meeting, the minutes shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.
(d) Except as provided in Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Commission in an open public meeting.
Passed by the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission this day of __________________, ________.
Name:
Name:
JUDICIAL SELECTION COMMISSION
Application for Judicial Vacancy on the __________________ (name of Court)
APPLICATION
PERSONAL 1. Full name: 2. County of Residence: 3. Birthplace: 4. If born outside the United States, give the basis for your citizenship: 5. Birth date: 6. Marital status: 7. If married, list spouse's full name: 8. Spouse's occupation: 9. Do you have any other familial relationships that might present conflicts if you were to be seated as a judge? If so, please explain these relationships and how you would address any conflicts: Answer: 10. List all places of residence, city and state, and approximate dates for the last 10 years: Date(s) of residence: Street address: City: State: Zip code: EDUCATION 11. List schools attended with dates and degrees (including all post-graduate work): High school(s): Colleges: Law schools(s): 12. Bar admissions and dates: EMPLOYMENT 13. List your present employment: Date(s) of employment: Employer: Mailing address: Business phone: Position: Duties: Supervisor: 14. List your previous employment (beginning with most recent): Dates of employment: Employer: Mailing address: Business phone: Business FAX: Email address: Position: PARTNERS AND ASSOCIATES 15. List all partners and associates, beginning with the current or most recent: Answer: EXPERIENCE 16. How extensive is your experience in Personal Injury Law? Answer: 17. How extensive is your experience in Commercial Law? Answer: 18. How extensive is your experience in Domestic Relations Law? Answer: 19. How extensive is your experience in Juvenile Law? Answer: 20. How extensive is your experience in Criminal Law? Answer: 21. How extensive is your experience in Appellate Law? Answer: 22. How many cases have you tried to a jury? Of those trials, how many occurred within the last two years? Please indicate whether these jury trials involved criminal or civil cases. Answer: 23. How many cases have you tried without a jury? How many of these trials occurred within the last two years? Please indicate whether these non-jury trials involved criminal or civil cases. Answer: 24. How many appeals have you handled? Please indicate how many of these appeals occurred within the last two years. Answer: PUBLIC OFFICES, PROFESSIONAL & CIVIC ORGANIZATIONS 25. Public Offices Held and Dates Public office: Dates: 26. Activities in professional organizations, including offices held for last 10 years: Professional organization: Position held: Dates: 27. Activities in civic organizations, including offices held for last 10 years: Civic organization: Position held: Dates: 28. Avocational interests and hobbies: Answer: 29. Have you been addicted to the use of any substance that would affect your ability to perform the essential duties of a judge? If so, please state the substance and what treatment received, if any. Answer: 30. Do you have any mental or physical impairment that would affect your ability to perform the essential duties of a judge? If so, please specify. Answer: 31. To your knowledge, have you ever been disciplined for violation of any rules of professional conduct in any jurisdiction? In particular, have you ever received any discipline, formal or informal, including an "Informal Admonition." If so, when, and please explain. 32. Have you ever been convicted of any misdemeanor or felony other than a minor traffic offense? Answer: 33. Have you ever had a DWI or any criminal charge, other than a minor traffic offense, filed against you? If so, when? What was the outcome? Answer: 34. Have you ever been a named party in any lawsuit in either your personal or professional capacity? If so, please explain the nature of the lawsuit(s) and the result(s). Answer: 35. To your knowledge, is there any circumstance in your professional or personal life that creates a substantial question as to your qualifications to serve in the judicial position involved or which might interfere with your ability to so serve? Answer: 36. If you have served as a judge in New Mexico, have you ever been the subject of charges of a violation in the Code of Judicial Conduct for which a public filing has occurred in the New Mexico Supreme Court, and if so, how was it resolved? Answer: 37. If you have served as a judge in New Mexico, have you ever participated in a Judicial Performance Evaluation, including interim, and if so, what were the results? Answer: 38. Have you filed all federal, state and city tax returns that are now due or overdue, and are all tax payments up to date? If no, please explain. Answer: 39. Have you or any entity in which you have or had an interest ever filed a petition in bankruptcy, or has a petition in bankruptcy been filed against you? If so, please explain. Answer: 40. Are you presently an officer, director, partner, majority shareholder or holder of a substantial interest in any corporation, partnership or other business entity? If so, please list the entity and your relationship. Answer: 41. Do you foresee any conflicts under the New Mexico Code of Judicial Conduct that might arise regularly? If so, please explain how you would address these conflicts. Answer: 42. Do you meet the constitutional qualifications for age, residency and years of practice for the judicial office for which you are applying? Please explain. Answer. 43. Please explain your reasons for applying for a judicial position and what factors you believe indicate that you are well suited for it. Answer: 44. Does submission of this application express your willingness to accept judicial appointment to the ________________________ (name of court) if your name is chosen by the Governor? Answer: Items to Be Submitted in Separate Document(s) 1. Please have at least two, but not more than five, letters of recommendation submitted directly to the Chair of the Judicial Selection Commission. Include letters from one or more professional adversaries. If more than five letters are submitted, only the first five received will be submitted to the Commission. Letters of recommendation may be scanned to be part of the application; however, the original letters must be mailed directly to the Judicial Selection Office. 2. Please attach a list of no more than eight references. 3. Please enclose one legal writing sample, such as a legal memorandum, opinion, or brief. If you had assistance from an associate, clerk or partner, indicate the extent of such assistance. Please submit no more than 20 pages. 4. You may also attach a copy of one other publication you have written which you feel would be relevant to the Commission's consideration of your qualifications. For this too, please submit no more than 20 pages. If you include more than one additional publication, only one will be presented for the Commission's review. The others will be retained on file with the rest of your application materials. 5. If you have, currently or in the past, suffered from any mental, physical or other condition that would affect your ability to perform the essential duties of a judge, and which has not been disclosed above, please describe the nature of such condition and your treatment and explain how it would affect your service. You may answer this request, as well as Questions 29 and 30, by submission of a separate confidential letter. If you wish the letter to remain confidential, please mark "CONFIDENTIAL" at the top of the first page of the letter. The information will be made available to each commissioner and otherwise hold the information confidential to the extent allowed by law. [Instructions: All of the answers stated in this application must be affirmed as true under penalty of perjury, by self-affirmation.] AFFIRMATION The undersigned hereby affirms that he/she is the person whose signature appears herein on this application for judicial appointment; that he/she has read the same and is aware of the content thereof; that the information that the undersigned has provided herein is full and correct according to the best knowledge and belief of the undersigned; that he/she has conducted due diligence to investigate fully each fact stated above; that he/she executed the same freely and voluntarily; that he/she affirms the truth of all statements contained in this application under penalty of perjury; and that he/she understands that a false answer may warrant a referral to the Disciplinary Board or other appropriate authorities. /s/: ____________________ Date: __________________ Name: _________________________ [Instructions: The Applicant must complete the AFFIRMATION below.] Waiver of Confidentiality – Professional Disciplinary Bodies and Judicial Disciplinary and Administrative Bodies The undersigned applicant hereby waives, until the judicial position applied for is filled, the benefits of any statute, rule or regulation prescribing confidentiality of records of any administrative or disciplinary committee of the State of New Mexico, including but not limited to the Disciplinary Board of the Supreme Court, the Board of Bar Examiners, the Judicial Standards Commission and the Judicial Performance Evaluation Commission; and does authorize any of the above to furnish to the Judicial Nominating Commission, any such information, including documents, records, bar association files regarding charges or complaints filed against the Judicial Nominating Commission or any of its members, agents or representatives to inspect and make copies of such documents, records, and other information. The undersigned does hereby release and discharge the Judicial Nominating Commission, its individual representatives, and any other person so furnishing information from any and all liability of every nature and kind arising out of the furnishing of information so provided concerning the applicant. The undersigned also expressly consents to the release of his/her name and this form to the public in the sole discretion of the Judicial Nominating Commission. AFFIRMATION The undersigned hereby affirms that he/she is the person whose signature appears herein above on the instrument entitled, "Waiver of Confidentiality – Professional Disciplinary Bodies and Judicial Disciplinary Bodies"; that he/she has read the same and is aware of the content thereof; that the same is true and correct according to the best knowledge and belief of the undersigned; that he/she executed the same freely and voluntarily; and that he/she affirms the truth of all these statements under penalty of perjury. /s/: ____________________ Date: __________________ Please mail the completed and signed application, with attachments, to the Judicial Selection Office at the following address: Chair, Judicial Selection Commission UNM School of Law MSC11 6070 1 University of New Mexico Albuquerque, NM 87131-0001 Please keep a copy for your records.
PERSONAL
1.
Full name:
2.
County of Residence:
3.
Birthplace:
4.
If born outside the United States, give the basis for your citizenship:
5.
Birth date:
6.
Marital status:
7.
If married, list spouse's full name:
8.
Spouse's occupation:
9.
Do you have any other familial relationships that might present conflicts if you were to be seated as a judge? If so, please explain these relationships and how you would address any conflicts: Answer:
10.
List all places of residence, city and state, and approximate dates for the last 10 years: Date(s) of residence: Street address: City: State: Zip code:
EDUCATION
11.
List schools attended with dates and degrees (including all post-graduate work): High school(s): Colleges: Law schools(s):
12.
Bar admissions and dates:
EMPLOYMENT
13.
List your present employment: Date(s) of employment: Employer: Mailing address: Business phone: Position: Duties: Supervisor:
14.
List your previous employment (beginning with most recent): Dates of employment: Employer: Mailing address: Business phone: Business FAX: Email address: Position:
PARTNERS AND ASSOCIATES
15.
List all partners and associates, beginning with the current or most recent: Answer:
EXPERIENCE
16.
How extensive is your experience in Personal Injury Law? Answer:
17.
How extensive is your experience in Commercial Law? Answer:
18.
How extensive is your experience in Domestic Relations Law? Answer:
19.
How extensive is your experience in Juvenile Law? Answer:
20.
How extensive is your experience in Criminal Law? Answer:
21.
How extensive is your experience in Appellate Law? Answer:
22.
How many cases have you tried to a jury? Of those trials, how many occurred within the last two years? Please indicate whether these jury trials involved criminal or civil cases. Answer:
23.
How many cases have you tried without a jury? How many of these trials occurred within the last two years? Please indicate whether these non-jury trials involved criminal or civil cases. Answer:
24.
How many appeals have you handled? Please indicate how many of these appeals occurred within the last two years. Answer:
PUBLIC OFFICES, PROFESSIONAL & CIVIC ORGANIZATIONS
25.
Public Offices Held and Dates Public office: Dates:
26.
Activities in professional organizations, including offices held for last 10 years: Professional organization: Position held: Dates:
27.
Activities in civic organizations, including offices held for last 10 years: Civic organization: Position held: Dates:
28.
Avocational interests and hobbies: Answer:
29.
Have you been addicted to the use of any substance that would affect your ability to perform the essential duties of a judge? If so, please state the substance and what treatment received, if any. Answer:
30.
Do you have any mental or physical impairment that would affect your ability to perform the essential duties of a judge? If so, please specify. Answer:
31.
To your knowledge, have you ever been disciplined for violation of any rules of professional conduct in any jurisdiction? In particular, have you ever received any discipline, formal or informal, including an "Informal Admonition." If so, when, and please explain.
32.
Have you ever been convicted of any misdemeanor or felony other than a minor traffic offense? Answer:
33.
Have you ever had a DWI or any criminal charge, other than a minor traffic offense, filed against you? If so, when? What was the outcome? Answer:
34.
Have you ever been a named party in any lawsuit in either your personal or professional capacity? If so, please explain the nature of the lawsuit(s) and the result(s). Answer:
35.
To your knowledge, is there any circumstance in your professional or personal life that creates a substantial question as to your qualifications to serve in the judicial position involved or which might interfere with your ability to so serve? Answer:
36.
If you have served as a judge in New Mexico, have you ever been the subject of charges of a violation in the Code of Judicial Conduct for which a public filing has occurred in the New Mexico Supreme Court, and if so, how was it resolved? Answer:
37.
If you have served as a judge in New Mexico, have you ever participated in a Judicial Performance Evaluation, including interim, and if so, what were the results? Answer:
38.
Have you filed all federal, state and city tax returns that are now due or overdue, and are all tax payments up to date? If no, please explain. Answer:
39.
Have you or any entity in which you have or had an interest ever filed a petition in bankruptcy, or has a petition in bankruptcy been filed against you? If so, please explain. Answer:
40.
Are you presently an officer, director, partner, majority shareholder or holder of a substantial interest in any corporation, partnership or other business entity? If so, please list the entity and your relationship. Answer:
41.
Do you foresee any conflicts under the New Mexico Code of Judicial Conduct that might arise regularly? If so, please explain how you would address these conflicts. Answer:
42.
Do you meet the constitutional qualifications for age, residency and years of practice for the judicial office for which you are applying? Please explain. Answer.
43.
Please explain your reasons for applying for a judicial position and what factors you believe indicate that you are well suited for it. Answer:
44.
Does submission of this application express your willingness to accept judicial appointment to the ________________________ (name of court) if your name is chosen by the Governor? Answer:
Items to Be Submitted in Separate Document(s)
1.
Please have at least two, but not more than five, letters of recommendation submitted directly to the Chair of the Judicial Selection Commission. Include letters from one or more professional adversaries. If more than five letters are submitted, only the first five received will be submitted to the Commission. Letters of recommendation may be scanned to be part of the application; however, the original letters must be mailed directly to the Judicial Selection Office.
2.
Please attach a list of no more than eight references.
3.
Please enclose one legal writing sample, such as a legal memorandum, opinion, or brief. If you had assistance from an associate, clerk or partner, indicate the extent of such assistance. Please submit no more than 20 pages.
4.
You may also attach a copy of one other publication you have written which you feel would be relevant to the Commission's consideration of your qualifications. For this too, please submit no more than 20 pages. If you include more than one additional publication, only one will be presented for the Commission's review. The others will be retained on file with the rest of your application materials.
5.
If you have, currently or in the past, suffered from any mental, physical or other condition that would affect your ability to perform the essential duties of a judge, and which has not been disclosed above, please describe the nature of such condition and your treatment and explain how it would affect your service. You may answer this request, as well as Questions 29 and 30, by submission of a separate confidential letter. If you wish the letter to remain confidential, please mark "CONFIDENTIAL" at the top of the first page of the letter. The information will be made available to each commissioner and otherwise hold the information confidential to the extent allowed by law.
[Instructions: All of the answers stated in this application must be affirmed as true under penalty of perjury, by self-affirmation.]
AFFIRMATION
The undersigned hereby affirms that he/she is the person whose signature appears herein on this application for judicial appointment; that he/she has read the same and is aware of the content thereof; that the information that the undersigned has provided herein is full and correct according to the best knowledge and belief of the undersigned; that he/she has conducted due diligence to investigate fully each fact stated above; that he/she executed the same freely and voluntarily; that he/she affirms the truth of all statements contained in this application under penalty of perjury; and that he/she understands that a false answer may warrant a referral to the Disciplinary Board or other appropriate authorities.
/s/: ____________________ Date: __________________
Name: _________________________
[Instructions: The Applicant must complete the AFFIRMATION below.] Waiver of Confidentiality – Professional Disciplinary Bodies and Judicial Disciplinary and Administrative Bodies
The undersigned applicant hereby waives, until the judicial position applied for is filled, the benefits of any statute, rule or regulation prescribing confidentiality of records of any administrative or disciplinary committee of the State of New Mexico, including but not limited to the Disciplinary Board of the Supreme Court, the Board of Bar Examiners, the Judicial Standards Commission and the Judicial Performance Evaluation Commission; and does authorize any of the above to furnish to the Judicial Nominating Commission, any such information, including documents, records, bar association files regarding charges or complaints filed against the Judicial Nominating Commission or any of its members, agents or representatives to inspect and make copies of such documents, records, and other information. The undersigned does hereby release and discharge the Judicial Nominating Commission, its individual representatives, and any other person so furnishing information from any and all liability of every nature and kind arising out of the furnishing of information so provided concerning the applicant. The undersigned also expressly consents to the release of his/her name and this form to the public in the sole discretion of the Judicial Nominating Commission.
AFFIRMATION
The undersigned hereby affirms that he/she is the person whose signature appears herein above on the instrument entitled, "Waiver of Confidentiality – Professional Disciplinary Bodies and Judicial Disciplinary Bodies"; that he/she has read the same and is aware of the content thereof; that the same is true and correct according to the best knowledge and belief of the undersigned; that he/she executed the same freely and voluntarily; and that he/she affirms the truth of all these statements under penalty of perjury.
/s/: ____________________ Date: __________________
Please mail the completed and signed application, with attachments, to the Judicial Selection Office at the following address: Chair, Judicial Selection Commission UNM School of Law MSC11 6070 1 University of New Mexico Albuquerque, NM 87131-0001
Please keep a copy for your records.