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LAS CRUCES - Decades of experience are leaving the 3rd Judicial District next month. Governor-elect Susana Martinez, the outgoing district attorney, isn't expected to waste any time filling the just-announced vacancies of Chief Judge Jerald A. Valentine and Judge Stephen Bridgforth, but the application, nomination and selection process - plus the requisite time for new judges to get up to speed - can't help but overburden an already chock-full court schedule.
That's the larger concern, says criminal defense attorney Jess Lilley, a past member of two nominating committees. Despite an Administrative Office of the Courts finding that the court needs 3.5 more judges, right now the district maintains one of the quickest criminal and civil trial rates in the state, Valentine told the Sun-News earlier this year.
"It would sure be nice to, ultimately, have three criminal judges, but that's not going to happen for a while," Lilley said. "The criminal dockets are just overloaded and we're in desperate need of a judge."
With Judge Douglas Driggers moving to Valentine's position, one new judge will be expected to handle domestic relations. While Bridgforth serves in the criminal division, it's up to the Chief Judge to decide what kind of cases the second vacancy are to be assigned to, according to the Judicial Nominating Commission.
What's likely is that the all-Democratic makeup of the judges will change after outgoing Democratic Gov. Bill Richardson - who appointed 75 percent
Martinez wasn't available to talk about the upcoming judicial selections, but Danny Diaz, a spokesman, wrote Saturday that she "believes it is critically important to have judges who interpret the law as it is written as opposed to create law from the bench. She will carefully examine a wide array of candidates for any vacancies and select highly-qualified individuals to serve in the judiciary who reasonably and thoughtfully apply the law in matters that come before them."
Lilley said his only hopes for the new judge-appointees is that they're well rounded, knowledgeable and ready to learn.
"I think Susana is smart enough to know a district judge is an important position and I have confidence in her (selection)," he said. "And she's not going to choose somebody who is not competent to fill a position just for a political agenda. She's not going to do that. And she shouldn't do that.
Lilley and Chief Deputy District Attorney Amy Orlando, who has also served on multiple nominating commissions, say the nominating process has the potential to be political, but certainly doesn't have to be.
"When I sat on the committee, I really didn't care if applicants were Republican or Democrat," Lilley said. "You evaluate what kind of person they are and knowledge of law ... you look at people who can handle all aspects of the law. They might not have a ton of experience in one area, criminal or civil, but you can tell a well-rounded person, a well-rounded judge, Democrat or Republican, they'll be able to adapt, no matter what division they're in. So, a lot of people see it as a political deal. Certainly, I didn't when I was on the nominating commission."
Orlando agrees, and says she hopes the members of the upcoming selection committees "take the politicking out of it."
"Having worked with Susana for the past 16 years, she always looks at qualifications and talent and skills more than she looks at a specific agenda," she said. "And our office has been on the receiving end of people (in previous administrations) that were completely against prosecutors - good, bad, no matter what - so we know what that feels like, to be on the receiving end, knowing (Republican candidates) would never even have a chance to make it out of committee, no matter their qualifications. I know Susana would feel so strongly that she would not do that same thing to people."
And both Orlando and Lilley note that the public has the ability to observe the nominating process, write in during a public comment period and attend Judicial Nominating Commission meetings, which are open to the public.
"Ultimately, that person's going to have to run for that position for which they were appointed," Lilley notes. "So the public always has a chance to disagree with the governor. The public has the ultimate oversight over the judicial process."
Ashley Meeks can be reached at (575) 541-5462
Two new judges
• Lawyers who meet age and practicing length requirements of the New Mexico Constitution can obtain an application at http://lawschool.unm.edu/judsel/application.php
or call (505) 277-4700 to have the application e-mailed.
• Applications are due before Monday, Jan. 3.
• The Judicial Nominating Commission will hold a public meeting Jan. 13 at the district courthouse to evaluate applicants.
• More information on the process is available by contacting the New Mexico Secretary of State Bureau of Elections.
The current 3rd Judicial District Court
• Chief Civil Judge Jerald A. Valentine, first appointed 1993
• Criminal Judge Stephen Bridgforth, first appointed 1999
• Children's Court/Criminal Judge Fernando R. Macias, first appointed 2006
• Civil Judge Jim T. Martin, first appointed 2006
• Domestic Division Judge Mike Murphy, first appointed 2006
• Criminal Judge Lisa C. Schultz, first appointed 2006
• Domestic Division Judge Douglas R. Driggers, first appointed 2003
• Civil Judge Manuel I. Arrieta, first appointed 2009
By the numbers
Every year, the 3rd Judicial District handles, on average:
• 1,600 drunken driving cases
• 750 juvenile cases
• 1,200 - 1,300 felony crimes
• 400 domestic violence cases
• Fewer than 100 civil forfeiture cases
• A number of involuntary mental commitments.
