LWVCNM Voters’ Guide
District Judge - Partisan

(updated 10/29/2008)

District Judge -Partisan

There are thirteen different district court districts in New Mexico. These are courts of general jurisdiction that hold jury trials in these types of civil cases: Tort, contract, real property rights and estate contests. The district courts in New Mexico generally have exclusive jurisdiction over domestic relations, mental health, appeals for administrative agencies and lower courts, criminal appeals jurisdiction, and juvenile jurisdiction. However, in the 2nd Judicial District (Bernalillo County) only felony DWI cases and felony domestic violence cases are heard in district court.

Judicial vacancies 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. To be retained, a judge must receive at least 57% in affirmative votes cast in the retention election.

Six-year term. Must be at least thirty-five years old, been engaged in actual practice of law for at least six years preceding assumption of office, and must be a resident of the district from which elected. Salary: $111,631 annually.

District 2 Comprised of Bernalillo County

Division I

William E. Parnell     (Democrat)

William E. Parnell, Republican Candidate for Judge, District 2, Division I

UNOPPOSED

  1. Describe your specific experience and abilities that prepare you to be a district court judge. (65 words)

    I have been a lawyer since 1979 and have been responsible for hundreds of cases in each of the courts in our district including Federal and State courts. I have represented over two thousand children in Children's Court and have gained a deep understanding of not only children and their families but of the causes and conditions that bring them before the Children's Court.

  2. How do you define "judicial independence" and how important is it to our judicial system? (65 words)

    I believe "judicial independence" is equally as important as "judicial competence" and that the two must exist together in the same person if justice is to be provided. I greatly appreciate the opportunity to work in this district where I believe the judges agree with this premise.

  3. What role do personal beliefs play in your judicial decision-making? (65 words)

    It is impossible for a judge to make decisions without bringing forth all of the valuable knowledge gained though that judge's life. This knowledge forms the personal beliefs that become the basis of a judge's understanding of human behavior and how to benefit the community. However, a judge must not place personal beliefs before our rules and statutes and must follow the rule of law.

  4. What do you do to make sure your court is managed efficiently? Are there any changes you think should be made to improve the district court system? (65 words)

    The system that has evolved over the years has done so in order to accomplish the goal of efficiency without sacrificing humanity. I have personally been cognizant of subtle ways that I can make my court run more smoothly and have done my best to make simple changes that will accomplish that goal.

Division IX

Bob Schwartz     (Democrat)

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Bob Schwartz, Democratic Candidate for Judge, District 2, Division IX
  1. Describe your specific experience and abilities that prepare you to be a district court judge. (65 words)

    A judge must be skilled in both the law and the system responsible for delivering justice. As a former Bernalillo County District Attorney, I have personally tried and supervised hundreds of cases, ranging from DWI's to death penalty cases. As D.A., I administered the prosecution, lobbied legislation for the New Mexico District Attorney's Association and am widely regarded as a communicator.

  2. How do you define "judicial independence" and how important is it to our judicial system? (65 words)

    Judicial precedent is the mind; judicial character is the conscience; and judicial independence is the bone of our system of justice.

  3. What role do personal beliefs play in your judicial decision-making? (65 words)

    Personal beliefs do not play a role in my judicial decisions, but professional experience should and does.

  4. What do you do to make sure your court is managed efficiently? Are there any changes you think should be made to improve the district court system? (65 words)

    Case driven dockets should never be at the expense of the rights of the defendant, the victim, or the public. In my courtroom futures are weighed against the past, the law is applied not adapted, and individual consideration is a mandate, not a commodity. Justice must be measured by balance, not a pendulum.

Division XIV

Reed S. Sheppard     (Democrat)

Reed S. Sheppard, Democratic Candidate for Judge, District 2, Division XIV
  1. Describe your specific experience and abilities that prepare you to be a district court judge. (65 words)

    I was found to be fit and qualified to be a district court judge by a bi-partisan committee composed of judges, lawyers and lay people, then Governor Richardson appointed me to the district court bench. My previous experience as Metropolitan Court Judge and six years as a Domestic Violence Commissioner in district court combine to prepare me to continue serving as a district court judge.

  2. How do you define "judicial independence" and how important is it to our judicial system? (65 words)

    Judicial independence means to make decisions and rulings based only on the evidence and facts presented in court without giving consideration to how the media, other branches of government or the voting public will react. It requires a Judge to occasionally make unpopular decisions knowing there will be a backlash. Judicial independence is the heart and soul of our justice system.

  3. What role do personal beliefs play in your judicial decision-making? (65 words)

    I took an oath to uphold the Constitution of the United States and the laws and Constitution of New Mexico. I will continue to do just that even if personally I do not agree with a particular statute or rule. I always uphold my personal belief that everyone is to be treated equally, with dignity and respect, regardless of gender, nationality, ethnicity or sexual orientation.

  4. What do you do to make sure your court is managed efficiently? Are there any changes you think should be made to improve the district court system? (65 words)

    I stress the importance of all the players in the system to be on time and prepared; people are held accountable if they are not unless there is a very good reason. Defendants have the right to have their cases heard within six months of indictment. I believe extensions should be granted only in appropriate circumstances and not as a matter of routine.

Kevin L. Fitzwater     (Republican)

Kevin L. Fitzwater, Republican Candidate for Judge, District 2, Division XIV
  1. Describe your specific experience and abilities that prepare you to be a district court judge. (65 words)

    This is a criminal trial position. For the past 11 years, I have been a criminal trial judge in the Metropolitan Court, presiding over hundreds of criminal trials. I prosecuted cases from shoplifting to murder in the District Attorney's office. Additionally, I serve in the Marine Corps Reserve with the rank of Colonel. I have the specific experience and ability required for this position.

  2. How do you define "judicial independence" and how important is it to our judicial system? (65 words)

    To me, judicial independence is the strength to do the right thing. Always. Regardless of who is in front of you, how big or small the case is and especially without regard to personal consequence. We must have judges of strong character and a dedication to the integrity of our laws. Our community and system of justice demands nothing less and I promise nothing less.

  3. What role do personal beliefs play in your judicial decision-making? (65 words)

    As a judge for more than a decade, my personal beliefs in fairness, respect for all, service to my community and the integrity of the judicial system have guided me every day. You must have a solid moral compass and the strong desire to protect individual rights and to protect our families to be a worthy judge. I have dedicated myself to this.

  4. What do you do to make sure your court is managed efficiently? Are there any changes you think should be made to improve the district court system? (65 words)

    As a judge in the busiest court in the state, I already have a great deal of experience in managing cases efficiently. Preparation, constantly striving to improve the system and plain hard work are needed to run the court effectively and with true justice. I have served this community for many years and I am proud of my record for dedication and results.

Division XXV

Elizabeth Whitefield     (Democrat)

UNOPPOSED

Elizabeth Whitefield, Democratic Candidate for Judge, District 2, Division XXV
  1. Describe your specific experience and abilities that prepare you to be a district court judge. (65 words)

    Prior to being appointed as a Family Court Judge, I had 30 years of experience practicing family law. I have represented husbands, wives, mothers, fathers in all areas of family law ranging from a basic case to complex litigation. I have the training and extensive experience in family law. As important, I understand the financial and emotional hardship that divorce means for both parties. I . . . .

  2. How do you define "judicial independence" and how important is it to our judicial system? (65 words)

    Judicial Independence means to me that Judges should be independent from the political process of running for election. In New Mexico most judges are appointed after having been evaluated and recommended by Bipartisan Judicial Selection Commissions, comprised of lawyers, judges and non lawyers. Our training, experience, demeanor, character, fairness, and skills are evaluated and recommendations made. This process promotes the appointment of the best qualified person . . . .

  3. What role do personal beliefs play in your judicial decision-making? (65 words)

    The traditional family structure has been changed by divorce. However, we are still dealing with families - I call them restructured families. We need to guide and help these restructured families to function in a way which promotes the best interests of the children - whom are our greatest resource and the most fragile in this process.

  4. What do you do to make sure your court is managed efficiently? Are there any changes you think should be made to improve the district court system? (65 words)

    Most motions filed are reviewed by me within 24 hours of filing. Hearings are promptly set. Decisions are made promptly and timely. Because of the high volume of cases these hearings are not always set as soon as I would like. To the extent I am able, cases are triaged to determine a case plan to comport with the needs and issues of the family . . . . .

Division XVI

Charles W. Brown     (Democrat)

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Charles W. Brown, Democratic Candidate for Judge, District 2, Division XXVI

 

District Attorney

Four year term. Must be at least 21 years of age and a resident of New Mexico for 3 years, learned in the law, and a resident of the district from which elected. Duties include to prosecute and defend for the state in Bernalillo County courts, civil and criminal cases in which the state or county is interested, represent the county before the county commissioners, advise county and state officers upon request, and represent the county in civil cases in higher courts, except in suits brought in the name of the state. District attorneys operate under the Executive Branch of government because they are law enforcement officers as well as officers of the court. Salary: $109,000 Bernalillo County; $103,725

Second Judicial District (comprised of Bernalillo County)

Kari E. Brandenburg     (Democrat)

Kari E. Brandenburg, Democratic Candidate for District Attorney, 2nd Judicial District
  1. Describe your specific experience and abilities that prepare you for the office of District Attorney. (65 words)

    I have practiced criminal law for 28 years. For the past eight years, I have been district attorney, managing the largest law firm in the state. Initiatives to meet changing demands are a constant. We have productive and trusting relationships with law enforcement, the courts, neighborhood associations and other agencies in the criminal justice arena. I am committed to giving the public our best efforts.

  2. What programs or changes would you institute to speed up the processing of cases, including DWI and domestic violence, to ensure more cases are not dismissed before trial and sentences are fully served.

    It is critical there be no gain in delaying a case resolution. There are many continuances, often benefiting the defendant. Smoother procedures for pre-trial interviews are necessary to ensure readiness at trial. Additional resources are key to helping victims of domestic violence and encouraging them to testify against their batterer. More prosecutors, public defenders and judges are necessary for a system dealing with extraordinary demands.

  3. How would you, as district attorney, coordinate with various interested parties such as law enforcement, prosecutors and defense counsel, detention facilities, victims and their advocates to achieve fair, consistent, and timely justice?

    We will continue our contacts and cooperation with all the above groups. Teamwork has helped us resolve thousands of cases much faster, make better use of resources and improve assistance to victims. Meaningful communication and coordination also gives us the opportunity to be proactive and focus on the most dangerous criminals. As partners, we are more effective and better able to serve the public.

Lisa Torraco     (Republican)

Lisa Torraco, Republican Candidate for District Attorney, 2nd Judicial District
  1. Describe your specific experience and abilities that prepare you for the office of District Attorney. (65 words)

    As a 16 year veteran prosecutor I earned recognition for putting criminals behind bars, including 1993's "New Prosecutor of the Year." I led the fight to toughen rape laws and Governor King awarded me the Governors Award for Outstanding NM Women. As a UNM District Attorney Clinical Law Professor I taught and trained Assistant District Attorneys and Criminal Law Judges. I can change criminal justice.

  2. What programs or changes would you institute to speed up the processing of cases, including DWI and domestic violence, to ensure more cases are not dismissed before trial and sentences are fully served.

    The District Attorney's office must establish a Preliminary Hearing division to expedite cases. This will insure that cases are brought before the court in a speedy and efficient manner, and will create improved transparency in government. I will also implement the majority of MADD, DWI Resources Center, and Metropolitan Court Improvement Project Recommendations. My willingness to work with other community leaders will produce positive change.

  3. How would you, as district attorney, coordinate with various interested parties such as law enforcement, prosecutors and defense counsel, detention facilities, victims and their advocates to achieve fair, consistent, and timely justice?

    For too many years the DAs office has not worked effectively with the community. It's time for change. I am committed to criminal justice reform. I will establish an out-reach division that will facilitate communication and coordinate services for our community. I will work with law enforcement to put violent and repeat offenders in jail the first time. This will significantly reduce the case . . . .

Thirteenth Judicial District (comprised of Sandoval, Valencia, and Cibola Counties)

Lemuel L. Martinez     (Democrat)

UNOPPOSED


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