New Mexico judicial elections, 2014

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Overview
New Mexico judicial elections, 2014
Total candidates:	348
Primary candidates:	239
General election candidates:	257
Incumbency
Incumbents:	184
Incumbent success rate:	94%
Competition - general election
Percent of candidates in contested races:	35%
Percent uncontested:	32%
Percent retention:	33%
Partisan victories
Republican	62
Democratic	79

Last updated: November 2014

The New Mexico judicial elections consisted of partisan and retention elections. In 2014, 257 judicial candidates ran on general election day. Of those 257, 184 were incumbents. A total of 91 judges faced competition, and 80 were unopposed, guaranteed a new term.

In 2014, two judges in New Mexico were not retained to the district courts, a rare occurrence – judges Albert Mitchell and Sheri Raphaelson.

See: New Mexico elections summary, 2014.

Election dates[edit]

March 11: Filing deadline (primary)
June 3: Primary
June 24: Filing deadline (retention)
November 4: General election^[1]^[2]^[3]

In addition to candidate lists, this page includes information about how the state's judicial elections work, as well as articles about noteworthy news in races across the state.

General election: Contested races[edit]

(I) denotes incumbent

New Mexico Court of Appeals, Seat 1

J. Miles Hanisee (I), 50.9%A
Kerry Kiernan, 49.1%A

2nd District Court, Division 14

Marie Ward (I), 54.9%A
Samuel L. Winder, 45.1%A

2nd District Court, Division 27

Ned S. Fuller (I), 48.7%A
Victor Lopez, 51.3%A

2nd District Court, Division 3

Brett Loveless (I), 50.4%A
M. David Chacon, 49.6%A

2nd District Court, Division 5

James Baiamonte, 43.3%A
Nancy Franchini (I), 56.7%A

2nd District Court, Division 8

Cristina Jaramillo, 51.6%A
Joshua David Boone, 48.4%A

2nd District Court, Division 9

John T. Grubesic, 43.0%A
Judith Nakamura (I), 57.1%A

7th District Court, Division 1

Jerry Anthony Armijo, 45.5%A
Mercedes Murphy (I), 54.5%A

13th District Court, Division 3

Allen R. Smith (I), 51.2%A
Joshua J. Sanchez, 48.8%A

13th District Court, Division 6

Cindy M. Mercer, 52.3%A
R. Lar Thomas, 47.7%A

13th District Court, Division 8

Cheryl H. Johnston, 51.9%A
Chris G. Perez, 48.1%A

Bernalillo Metropolitan Court, Division 13

Carlos Scarborough, 48.6%A
Michelle Castillo Dowler (I), 51.4%A

Bernalillo Metropolitan Court, Division 14

Peggy Ann Holguin (I), 49.1%A
Vidalia G. Chavez, 50.9%A

Bernalillo Metropolitan Court, Division 4

Chris J. Schultz (I), 49.2%A
Courtney Bryn Weaks, 50.8%A

Bernalillo Metropolitan Court, Division 8

Jill M. Martinez, 50.8%A
R. John Duran, II (I), 49.2%A

Catron County Magistrate Court, Division 1

Clayton T. Atwood (I), 69.5%A
John A. Swenson, 30.5%A

Cibola County Magistrate Court, Division 1

Larry D. Diaz (I), 67.4%A
Robert S. Windhorst, 32.6%A

Curry County Magistrate Court, Division 1

Duane K. Castleberry (I), 60.7%A
Terry Martin, 39.3%A

Curry County Probate Court, Seat 1

Mark E. Lansford, 69.3%A
Michael R. Wells, 30.7%A

Dona Ana County Magistrate Court, Division 1

Nelson J. Goodin (I), 49.2%A
Samantha Madrid, 50.8%A

Eddy County Magistrate Court, Division 1

Fred Joe Hill, 41.6%A
Henry Castaneda (I), 58.4%A

Eddy County Magistrate Court, Division 2

D'Ann Read, 60.4%A
Dick A. Van Dyk (I), 39.6%A

Guadalupe County Magistrate Court, Seat 1

Christopher A. Baca, 83.6%A
Linda E. Ballard, 16.4%A

Harding County Probate Court, Seat 1

Shawn C. Jeffrey (I), 44.6%A
Stella Ebell-Devers, 55.4%A

Hidalgo County Probate Court, Seat 1

Carmen Acosta, 69.8%A
Sara Saenz, 30.2%A

Lea County Magistrate Court, Division 2

Lemma White, 34.4%A
Willie R. Henry (I), 65.6%A

Lea County Probate Court, Seat 1

Sandra Kay Goad, 79.5%A
Tonya R. Toomey, 20.5%A

Lincoln County Magistrate Court, Division 1

Mickie L. Vega (I), 76.8%A
Tony Seno, 23.2%A

Los Alamos County Magistrate Court, Division 1

Blair M. Redmond, 42.2%A
Pat A. Casados (I), 57.9%A

Luna County Magistrate Court, Division 1

Leeanna M. Rossi, 48.3%A
Ray W. Baese (I), 51.7%A

San Juan County Magistrate Court, Division 2

Matthew D. Tso, 33.0%A
Rena Scott, 67.0%A

San Juan County Magistrate Court, Division 4

Melvin Sam, 43.0%A
Trudy M. Chase (I), 57.0%A

San Miguel County Magistrate Court, Division 1

Christian E. Montano, 72.8%A
Edward Gallegos, 27.2%A

Sandoval County Probate Court, Seat 1

Charles J. Aguilar (I), 48.0%A
Lawrence D. McClain, 52.0%A

Sierra County Magistrate Court, Division 1

Alan J. Brown, 53.4%A
Ronald D. Brown, 46.6%A

Sierra County Probate Court, Seat 1

Pamela D. Smith, 61.5%A
Virginia L. Jones, 38.5%A

Socorro County Magistrate Court, Division 1

Felix W. Saavedra, 53.6%A
Richard J. Sanchez, 46.4%A

Socorro County Probate Court, Seat 1

Darryl D. Cases, 57.2%A
Richard T. Ritter, 42.9%A

Taos County Probate Court, Seat 1

Michael A. Torrez, 24.4%A
Paloma G. Roma, 75.6%A

Torrance County Magistrate Court, Division 1

Gordon E. Bennett, 32.9%A
Mateo Page, 67.1%A

Torrance County Probate Court, Seat 1

Jim Summers (I), 61.9%A
Viola Lueras Chavez, 38.1%A

Union County Magistrate Court, Division 1

David A. Oliphant, 35.0%A
Timothy F. Hodo (I), 65.0%A

Valencia County Magistrate Court, Division 2

John R. Chavez (I), 54.0%A
Phillip A. Romero, 46.1%A

Valencia County Probate Court, Seat 1

Charles L. Kent, 47.8%A
Jamie Guy Goldberg, 52.2%A

Retentions[edit]

The following judges must face a retention election in order to keep their seat. In such elections, the incumbent judge is not being evaluated against an opponent. Rather, he or she simply receives votes of "yes" to retain or "no", do not retain.

Appellate courts

Court	Judge	Votes
Click the arrows in the column headings to sort columns alphabetically.
New Mexico Court of Appeals	Cynthia Fry	74.0%A
New Mexico Supreme Court	Edward Chavez	73.2%A
New Mexico Court of Appeals	James Wechsler	73.2%A
New Mexico Court of Appeals	Linda Vanzi	72.9%A

Trial courts

Court	Judge	Votes
Click the arrows in the column headings to sort columns alphabetically.
New Mexico Fourth Judicial District Court	Abigail Aragon	75.2%A
New Mexico Second Judicial District Court	Alan Malott	70.5%A
New Mexico Tenth Judicial District Court	Albert Mitchell	49.97%A
New Mexico Second Judicial District Court	Alisa Hadfield	73.2%A
New Mexico Second Judicial District Court	Beatrice Brickhouse	72.1%A
New Mexico Second Judicial District Court	Benjamin Chavez	71.8%A
New Mexico Second Judicial District Court	Briana H. Zamora	72.7%A
New Mexico Second Judicial District Court	Carl Butkus	71.9%A
New Mexico Second Judicial District Court	Charles Brown	73.1%A
New Mexico Second Judicial District Court	Christina P. Argyres	71.4%A
New Mexico Second Judicial District Court	Clay Campbell	72.1%A
New Mexico Bernalillo Metropolitan Courts	Daniel E. Ramczyk	73.0%A
New Mexico Sixth Judicial District Court	Daniel Viramontes	74.1%A
New Mexico Third Judicial District Court	Darren Murray Kugler	75.0%A
New Mexico Ninth Judicial District Court	David P. Reeb, Jr	78.1%A
New Mexico Eleventh Judicial District Court	Daylene Marsh	68.5%A
New Mexico Second Judicial District Court	Deborah Davis Walker	73.6%A
New Mexico Second Judicial District Court	Denise Barela-Shepherd	73.6%A
New Mexico Ninth Judicial District Court	Donna Mowrer	80.4%A
New Mexico Third Judicial District Court	Douglas R. Driggers	74.5%A
New Mexico Ninth Judicial District Court	Drew D. Tatum	81.9%A
New Mexico Bernalillo Metropolitan Courts	Edward Benavidez	71.5%A
New Mexico Second Judicial District Court	Elizabeth Whitefield	74.4%A
New Mexico Third Judicial District Court	Fernando R. Macias	74.5%A
New Mexico Bernalillo Metropolitan Courts	Frank A. Sedillo	71.7%A
New Mexico Fifth Judicial District Court	Freddie J. Romero	75.6%A
New Mexico Fifth Judicial District Court	Gary L. Clingman	79.5%A
New Mexico Thirteenth Judicial District Court	George P. Eichwald	72.2%A
New Mexico Second Judicial District Court	Gerard Lavelle	72.1%A
New Mexico Bernalillo Metropolitan Courts	Henry A. Alaniz	72.8%A
New Mexico Sixth Judicial District Court	Henry R. Quintero	68.5%A
New Mexico Sixth Judicial District Court	J.C. Robinson	74.2%A
New Mexico Second Judicial District Court	Jacqueline Flores	71.2%A
New Mexico Thirteenth Judicial District Court	James L. Sanchez	71.5%A
New Mexico Twelfth Judicial District Court	James Waylon Counts	78.5%A
New Mexico Fifth Judicial District Court	Jane Shuler Gray	79.8%A
New Mexico Eighth Judicial District Court	Jeff F. McElroy	81.5%A
New Mexico Sixth Judicial District Court	Jennifer Ellen DeLaney	76.3%A
New Mexico Twelfth Judicial District Court	Jerry H. Ritter, Jr.	81.7%A
New Mexico Third Judicial District Court	Jim T. Martin	76.8%A
New Mexico Eleventh Judicial District Court	John A. Dean, Jr.	70.5%A
New Mexico Thirteenth Judicial District Court	John F. Davis (New Mexico)	71.2%A
New Mexico Second Judicial District Court	John J. Romero, Jr.	72.9%A
New Mexico Eighth Judicial District Court	John M. Paternoster	77.9%A
New Mexico Twelfth Judicial District Court	Karen L. Parsons	81.5%A
New Mexico Eleventh Judicial District Court	Karen L. Townsend	73.5%A
New Mexico Bernalillo Metropolitan Courts	Kevin L. Fitzwater	74.7%A
New Mexico Seventh Judicial District Court	Kevin R. Sweazea	76.0%A
New Mexico Bernalillo Metropolitan Courts	Linda S. Rogers	72.9%A
New Mexico Third Judicial District Court	Lisa C. Schultz	67.3%A
New Mexico Fifth Judicial District Court	Lisa Riley	81.1%A
New Mexico Eleventh Judicial District Court	Louis E. DePauli, Jr.	67.5%A
New Mexico Thirteenth Judicial District Court	Louis P. McDonald	71.6%A
New Mexico Third Judicial District Court	Manuel I. Arrieta	74.5%A
New Mexico Third Judicial District Court	Marci E. Beyer	74.9%A
New Mexico Bernalillo Metropolitan Courts	Maria I. Dominguez	72.6%A
New Mexico Fifth Judicial District Court	Mark Sanchez	76.2%A
New Mexico First Judicial District Court	Mary Marlowe Sommer	80.8%A
New Mexico Third Judicial District Court	Mary W. Rosner	73.7%A
New Mexico Seventh Judicial District Court	Matthew G. Reynolds	72.9%A
Fourth District Juvenile Drug Court, New Mexico	Matthew Sandoval	80.7%A
New Mexico Second Judicial District Court	Nan G. Nash	72.7%A
New Mexico First Judicial District Court	Raymond Z. Ortiz	80.3%A
New Mexico Eleventh Judicial District Court	Robert A. Aragon	66.5%A
New Mexico Bernalillo Metropolitan Courts	Rosie Lazcano Allred	72.3%A
New Mexico Eleventh Judicial District Court	Sandra A. Price	73.6%A
New Mexico Bernalillo Metropolitan Courts	Sandra Engel	73.8%A
New Mexico Eighth Judicial District Court	Sarah Backus	79.9%A
New Mexico First Judicial District Court	Sarah M. Singleton	80.0%A
New Mexico Second Judicial District Court	Shannon Bacon	74.0%A
New Mexico Bernalillo Metropolitan Courts	Sharon D. Walton	70.6%A
New Mexico First Judicial District Court	Sheri Raphaelson	55.87%A
New Mexico Second Judicial District Court	Stan Whitaker	74.4%A
New Mexico Ninth Judicial District Court	Stephen K. Quinn	82.9%A
New Mexico Fifth Judicial District Court	Steven L. Bell	81.3%A
New Mexico First Judicial District Court	T. Glenn Ellington	82.0%A
New Mexico Second Judicial District Court	Valerie A. Huling	73.8%A
New Mexico Bernalillo Metropolitan Courts	Victor E. Valdez	71.7%A
New Mexico Fifth Judicial District Court	William G.W. Shoobridge	78.1%A
New Mexico Second Judicial District Court	William Parnall	73.0%A
New Mexico Bernalillo Metropolitan Courts	Yvette K. Gonzalez	71.9%A

General election: Uncontested[edit]

The following candidates were elected or re-elected after running unopposed in the general election.

Trial courts

Court	Candidate
Click the arrows in the column headings to sort columns alphabetically.
Guadalupe County Probate Court	Adam J. Gallegos
Rio Arriba County Magistrate Court	Alexandra C. Naranjo
Twelfth Judicial District Court	Angie Schneider
McKinley County Magistrate Court	April J. Silversmith
San Juan County Magistrate Court	Barry D. Sharer
Dona Ana County Magistrate Court	Beverly Singleman
Sandoval County Magistrate Court	Bill M. Mast
De Baca County Magistrate Court	Buddy J. Hall
McKinley County Probate Court	Charley Long
San Miguel County Probate Court	Charlynne Otero
Otero County Probate Court	Christine Ann Tenski
Los Alamos County Probate Court	Christine Chandler
San Juan County Magistrate Court	Connie Lee Johnston
Dona Ana County Magistrate Court	Conrad F. Perea
Cibola County Probate Court	Corrine C. Padilla
Lea County Magistrate Court	Craig La Bree
McKinley County Magistrate Court	Cynthia C. Sanders
Eddy County Magistrate Court	Daniel Reyes, Jr.
Lea County Magistrate Court	David E. Finger
Quay County Magistrate Court	David Joel Garnett
Santa Fe County Magistrate Court	David Segura
First Judicial District Court	David Thomson
Luna County Probate Court	Delia L. Perez
Sandoval County Magistrate Court	Delilah M. Montano-Baca
Dona Ana County Probate Court	Diana A. Bustamante
Santa Fe County Magistrate Court	Donita Sena
Santa Fe County Magistrate Court	Donna M. Bevacqua-Young
Mora County Probate Court	Edward Aragon
Chaves County Probate Court	Eric J. Coll
Taos County Magistrate Court	Ernest L. Ortega
Colfax County Magistrate Court	Felix Pena
First Judicial District	Francis Joseph Mathew
Ninth Judicial District Court	Fred Van Soelen
Otero County Magistrate Court	Gene C. Galassini
Santa Fe County Magistrate Court	George Anaya, Jr.
Fourth Judicial District Court	Gerald Baca
Grant County Magistrate Court	Hector C. Grijalva
Lea County Magistrate Court	James D. Brown
San Juan County Magistrate Court	James G. Mosberger
Fifth Judicial District Court	James Hudson
Otero County Magistrate Court	James Scott Newton
Taos County Magistrate Court	Jeff Shannon
Chaves County Magistrate Court	John J. Halvorson
Mora County Magistrate Court	John L. Sanchez
Eddy County Probate Court	John M. Caraway
De Baca County Probate Court	John P. Wootton
Valencia County Magistrate Court	John W. Sanchez
Cibola County Magistrate Court	Johnny Valdez
Dona Ana County Magistrate Court	Jose L. Cano
Rio Arriba County Magistrate Court	Joseph Madrid
Harding County Magistrate Court	Karen P. Mitchell
Lincoln County Magistrate Court	Katie Gene Lund
5th District Court	Kea Riggs
Chaves County Magistrate Court	Keith Rogers
McKinley County Magistrate Court	Kenneth Howard, Jr.
Bernalillo Metropolitan Court	Kenny C. Montoya
Dona Ana County Magistrate Court	Kent L. Wingenroth
San Juan County Probate Court	Larry T. Thrower
Fifth Judicial District Court	Lee A. Kirksey
Union County Probate Court	Leslie J. Taylor
Roosevelt County Magistrate Court	Linda J. Short
Hidalgo County Magistrate Court	Mark D. Thomas (New Mexico)
San Juan County Magistrate Court	Mark Hawkinson
First Judicial District Court	Matthew Justin Wilson
Grant County Magistrate Court	Maurine L. Laney
Rio Arriba County Probate Court	Max M. Quintana
San Miguel County Magistrate Court	Melanie Y. Rivera
Quay County Probate Court	Nelda Burson
Dona Ana County Magistrate Court	Norman E. Osborne
Thirteenth Judicial District Court	Randolph Marshall Collins
Fifth Judicial District Court	Raymond Romero
Curry County Magistrate Court	Richard L. Hollis Jr.
Sandoval County Magistrate Court	Richard L. Zanotti
Dona Ana County Magistrate Court	Richard M. Jacquez
Bernalillo Metropolitan Court	Rosemary Cosgrove-Aguilar
Colfax County Probate Court	Roy E. Ackerman
Santa Fe County Probate Court	Shannon Broderick Bulman
First Judicial District	Sylvia LaMar
Valencia County Magistrate Court	Tina R. Gallegos
Grant County Probate Court	Velia Miranda
Colfax County Magistrate Court	Warren G. Walton
Bernalillo County Probate Court	Willow Misty Parks

Primary[edit]

For candidate lists and results from the judicial primary on June 3, 2014, please see: New Mexico primary elections, 2014.

Process[edit]

Judges in New Mexico are elected in either retention elections or partisan elections. A judge who was appointed to a vacancy must run in a partisan election in the next general election. The winner, then an incumbent judge, runs in retention elections after that.^[4]

In the retention elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice whether to keep the judge in office for another term. The retention elections are held on general election day. In a retention election, a candidate must receive 57 percent of the vote to be retained.^[5]

Ballot measure[edit]

Filing deadlines for retention elections[edit]

New Mexico's judicial ballot measure made a procedural change to the filing deadline for retention elections. The New Mexico Candidacy Declarations in Judicial Retention Elections Amendment allows the legislature to set the filing deadline for retention elections. As of 2014, that deadline was the same the primary filing deadline, per Article VI, Section 34 of the New Mexico Constitution.^[6] This measure passed.^[7]

The New Mexico House of Representatives and New Mexico Senate both unanimously approved this measure, passing it in order to get it on the ballot.^[8]

It is not uncommon for states with judicial retention elections in the general election to have a different filing deadline for incumbent judges. Below is a table of the six states which have retention elections at all levels of the court system. According to the data from Ballotpedia, half of those states have the same filing deadlines, while half have later deadlines for judicial candidates.

State	2014 filing - Legislative candidates	2014 filing - Judicial candidates
Alaska	June 2	August 1
Colorado	March 31	August 4
Iowa	March 14	July 23
Nebraska	February 18/March 3	February 18
Utah	March 20	March 20
Wyoming	May 30	May 30

Noteworthy events[edit]

The following articles were current as of the dates listed.

Two judges booted off bench in New Mexico

November 13, 2014

Click for story→

See also: JP Election Brief: 2014 retention report

In New Mexico, judges must receive at least 57 percent of the vote in order to be successfully retained.

See: New Mexico judicial elections

In 2014, 86 judges in New Mexico ran for retention. Two district court judges were not retained and must step down at the conclusion of their current terms. These two judges are Albert Mitchell of the 10th District Court and Sheri Raphaelson of the 1st District Court.

Judge Sheri Raphaelson

Judge Albert Mitchell, who was elected to the court in 2008, received a vote of 49.95 percent in favor of his retention. A group called the Committee for Law and Order campaigned against his retention, claiming that he had been too lenient on criminals and took too long to make decisions in certain cases. The group's advertisements each cited different case examples.^[9] The committee issued a statement after the election:

“

We are pleased that the committee’s efforts to ensure that Judge Mitchell would not be retained were successful. When the committee was formed, we verified the complaints we had received, did research and presented factual information regarding judge Mitchell to the general public and let them decide.^[10]^[11]

”

Mitchell had been recommended for retention by the New Mexico Judicial Performance Evaluation Commission.^[12]

Judge Sheri Raphaelson was appointed to the court by Governor Bill Richardson in 2009. She just missed the required 57 percent mark, with 55.98 percent of the votes in her favor. She needed about 500 more votes in order to be retained. The New Mexico Judicial Performance Evaluation Commission had recommended that she not be retained.^[13]^[14]

Judge drops out of New Mexico race

September 11, 2014

Click for story→

See also: JP Election Brief: Party switches and the soaring cost of campaigning

Judge Camille Martinez Olguin

Judge Camille E. Olguin, of New Mexico’s Thirteenth Judicial District, was on her way to retention to a new term. She would appear on the ballot unopposed, along with a “yes” or “no” option for voters to decided for or against her re-election. However, with about two months to go until the election, Olguin decided to retire instead.

Olguin informed the Secretary of State’s office, removing herself from the ballot. That left an opening that will be filled by election on November 4. The Democratic Party nominated Randolph “Randy” Collins to run for Olguin’s seat. The Republican Party seemed to have missed their window for nomination, so Collins is likely to run unopposed.^[15]^[16]^[17]

New Mexico’s 13th Judicial District

Collins, regarding his nomination, state:

“

I am honored to have been selected by the Democratic Party for this important position. I am thankful to have been serving as Chief Judge for the Pueblo of Acoma and prior to that, as deputy District Attorney for the 13th Judicial District in Cibola County.^[18]^[11]

”

The 13th Judicial District covers the counties of Cibola, Sandoval and Valencia.

Newly appointed judge sues for the chance to keep her job

August 14, 2014

Click for story→

See also: JP Election Brief: Lawsuits about elections and continuing controversies

A recently appointed Democratic judge has challenged her party's decision to nominate someone else to run for her seat in November.^[19]

District Judge Gina Manfredi, who had been an assistant city attorney in Rio Rancho and was appointed to a newly created seat on the 13th Judicial District Court by Republican Governor Susana Martinez in July, has filed suit in the 1st District Court in Santa Fe in an effort to overturn the Democratic Party State Central Committee's decision to place Bernalillo lawyer Christopher Perez in the race instead.^[19]

Manfredi sees a conflict between the state's merit-based appointment of judges utilizing recommendations by a voter-approved nominating commission and a statute that allows political parties to select candidates for open judgeships when an appointment is made after the deadline for filing for the primary race. In this case, the seat on the Thirteenth Judicial District Court was created by the New Mexico legislature earlier in the year, but the position was not ready to be filled until after the filing deadline for the judicial primary. Manfredi's complaint, presented to the New Mexico First Judicial District Court, states that this "conflict...further politicizes the judicial selection process, dilutes the New Mexico Constitution, and shifts the focus of the judicial nomination from merit to political support garnered at the state central committee meeting."^[20] Manfredi was screened by the bi-partisan nominating committee and recommended for potential appointment to the bench by Governor Martinez. It was then Governor Martinez's decision to appoint Manfredi to the bench.

Democratic Party Chairman Sam Bregman, an Albuquerque lawyer, dismissed Manfredi's suit, saying that the earlier Supreme Court decision affirmed the party's authority to nominate Perez instead of Manfredi.^[20]

If Manfredi's challenge is rejected, she will only serve out the remainder of this year's term before handing the gavel to the winner of the November election. Republicans have nominated Cheryl Johnston as their candidate for the judgeship.^[19]

New Mexican magistrate post decided by coin toss

July 17, 2014

Click for story→

See also: JP Election Brief: Big money in supreme court elections; local race decided by coin toss

Over a month after the June 3 primary election, the magistrate judge for Division 2 of the McKinley County Magistrate Court was determined by the flip of a coin. Kenneth Howard, Jr., who got to make the call, was the lucky winner.^[21]

Kenneth Howard, Jr., Robert B. Baca, and Kimberlaine Willoughby ran against each other in the Democratic primary election. When it was too close to declare a winner between Howard and Baca, a recount was conducted. It was concluded that they had tied, with 2,879 votes each. In the situation of a tie, state law calls for a coin toss, which took place in a courthouse in Gallup, New Mexico, on July 8. The coin toss was conducted by an official of the Democratic Party. Since no Republicans ran for the position, Howard will be the next magistrate.^[21]

There have been two other tied elections decided by a coin toss in New Mexico since 1980. They were both races for the state legislature.^[22]

Earlier this year, a justice of the peace in Texas was also decided by a coin toss. If you missed that story, you can check it out in the Election Brief from June 19.

Appointed judges not always elected in New Mexico

June 5, 2014

Click for story→

Voters went to the polls June 3 for New Mexico's primary election. There were partisan races on the ballot for the district courts, magistrate courts and probate courts. The primary included a few tight races, foreshadowing many more interesting contests to come in November’s general election. Below are the details on the contested primary races for district court seats.

In the First Judicial District Court, three candidates competed for the Division 6 judgeship. All were Democrats. Matthew Justin Wilson, who was appointed to the position by Governor Susana Martinez in October of 2013, was defeated after receiving 32.8 percent of the vote. The winner, David Thomson, had a brief stint on the court in 2010. He was appointed in March 2010, but lost the election later that year. This time he'll get to serve a full six-year term. He received 35.9 percent of the vote. Yvonne Kathleen Quintana came in third with 31.8 percent.

The Second Judicial District Court also had a competitive Democratic primary race. Vying for Division 14 were Marie Ward, Sandy Barnhart Chavez and Harold O. Atencio. Governor Susana Martinez appointed Ward to the position in March of this year, and she's on track to hold onto her judgeship. With 41.5 percent of the vote, she narrowly won the primary, beating Chavez who garnered 40.1 percent of the vote. Harold O. Atencio received 18.5 percent. Ward faces Republican candidate Samuel L. Winder in the general election.

In the Fourth Judicial District, incumbent Gerald Baca battled two opponents in the Democratic primary for the Division 14 seat. Baca, who was appointed just over a year ago, won fairly easily with 55.3 percent of the vote. Of the 8,628 votes cast in the race, he secured over a thousand more votes than Anna M. Aragon, who received 36.6 percent. Suzanne Gaulin walked away with 8.2 percent. Baca will run unopposed in November.

The Thirteenth Judicial District Court boasts the distinction of being the only district with a contested Republican primary. Republican candidate Allen R. Smith, who was appointed to the Division 3 seat on the court in April, beat his opponent, Paul E. Trujillo, 63.4 percent to 36.6 percent. On the Democratic side, Joshua J. Sanchez and Walter M. Hart faced off in hopes of moving on to the general. Sanchez came out on top with 63.4 percent of vote.^[23]

Candidates debate qualifications in preparation for primary

April 3, 2014

Click for story→

See also: JP Election Brief: Who's qualified? Courts, candidates and special interest groups all want a say

Judges of the magistrate courts in New Mexico do not need to be licensed to practice law unless the population of their district is over 200,000.^[24] Taos County's 2013 population is estimated to be 33,035, according to the United States Census Bureau.^[25] Chief judge, Ernest L. Ortega, the Division 1 judge for the Taos County Magistrate Court does not have a law degree. Ortega was appointed in early 2006 by former Governor Bill Richardson and elected to the position later that year. He was re-elected in 2010, after running unopposed. This year, Ortega will have an opponent in the Democratic primary on June 3, Bob G. Fitzgerald.

Fitzgerald's campaign has emphasized how he believes his law degree and legal experience make him better suited to the position. Fitzgearald told The Taos News that Ortega has been asked to excuse himself from cases because local lawyers lack confidence in him. Ortega only said he "get[s] excused sometimes by defense attorneys who think I’m too strict on certain types of cases".^[26] He also says he is generally happy with how quickly he gets through cases, but that "[i]f they want a lawyer, voters will elect one."^[26] Ortega and Fitzgerald are both Democrats. No Republican candidates filed for the race.

Crowded races and the question of marriage licenses

March 20, 2014

Click for story→

See also: JP Election Brief: Controversy around judicial election laws

If there is no incumbent running for re-election, sometimes several candidates are often attracted to the election. For example, in Curry County, New Mexico, the current probate court judge, Kevin D. Duncan, is not running for another term. Four Republican candidates and one Democratic candidate have filed for that race.^[27]

A New Mexico Supreme Court ruling from December 2013 deemed it unconstitutional to deny marriage to same-sex couples. Judge Kevin D. Duncan has since stopped performing marriage ceremonies completely, pointing to a lack of clarification as to whether or not he is allowed to. "There was nothing passed by the Legislature or anything telling us whether we could or not," he said.^[28] New Mexican municipal, probate, and district judges can perform marriage ceremonies, but are not required to. Clovis Municipal Court Judge Jan Garrett has also stopped performing the ceremonies. Due to religious beliefs, she will not marry same-sex couples. She also quit doing marriage ceremonies altogether, explaining, "I am not going to discriminate against anybody in anything I do."^[28] It will be interesting to see if the issue becomes important to the election of Judge Duncan's sucessor, and to other judicial races across the state.

Curry County Probate Court candidates	Party
Mark E. Lansford	Republican
Randy L. Rodriguez	Republican
Joseph C. Champouillon	Republican
Holly K. Glenn	Republican
Charles Benny Adams	Democratic

Primary candidates filed in New Mexico

March 13, 2014

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See also: JP Election Brief: Close races, scandal and removal from the ballot

Major party candidates have filed to run in the New Mexico primary election on June 3.

Many district judges who were appointed in the past couple of years will be on the ballot in the hopes of serving a full term. For example, in the First District Court, three such judges are seeking election.

Francis Joseph Mathew, who holds the Division 1 position, was appointed by Governor Susana Martinez in January 2013. He took the seat of Judge Barbara J. Vigil after she was appointed to the New Mexico Supreme Court in 2012. Mathew is running as a Democrat. He'll be unopposed in the primary, and no Republicans filed to face him in the general election either. He is a University of Notre Dame alumni, and previously ran his own private practice.

Sylvia LaMar has been the Division 4 judge since November 2012, when she was appointed to fill the vacancy created by the retirement of Michael Eugene Vigil. She is also running unopposed in the primary, with no Republican opponent for the general.

Gov. Susana Martinez only recently appointed Matthew Justin Wilson to the Division 6 position in October 2013. He is a former domestic relations hearing officer for the First Judicial District, and will be running for a full term as a district judge. He has two other Democratic opponents in the June 3rd primary – David Thomson and Yvonne Kathleen Quintana. Thomson is previous judge for the First District Court. He was appointed in March 2010, but was defeated by T. Glenn Ellington in the primary later that year. Quintana ran for the Division 5 position of the same court in 2010. She lost to incumbent Sheri Raphaelson in the Democratic primary.^[29] With no Republican competition, the Democratic primary will decide the winner.

New Mexico Court of Appeals race

February 20, 2014

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See also: JP Election Brief: Wisconsin primary concludes as the rest of the nation is just heating up

It currently looks like it's going to be a two-person race to the New Mexico Court of Appeals this November. This the intermediate appellate court of New Mexico. There are ten judges on the court.

Judge J. Miles Hanisee was appointed to the court by Governor Susana Martinez in July 2011, and then ran unsuccessfully for a full term in the 2012 election. However, Martinez appointed him again in December 2012 after the retirement of Judge Celia Castillo. He is running again for a full term on the court this year, and will be unopposed in the Republican primary.

On his campaign website, Hanisee says:

“

Experience is the single most important qualification for any appellate judge. My twenty-year career as a lawyer, and now judge, in New Mexico demonstrates a diversity of practice that has included service as a federal prosecutor, criminal defense attorney, civil practitioner, appellate lawyer and federal appellate law clerk.^[30]^[11]

”

New Mexico lawyer Kerry Kiernan will challenge Hanisee for the judgeship. He is running as a Democrat, also unopposed in the primary. He says:

“

My experiences have fueled my commitment to upholding the law, protecting the most vulnerable in their time of need and defending the constitutional rights of all New Mexicans. Most importantly, I understand that Judges must decide cases based on their merits - not special interests.^[31]^[11]

”

New Mexico magistrate court election spotlight

February 13, 2014

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See also: JP Election Brief: The Election Brief is back!

Judge Richard B. Wellborn will be running for election to the Dona Ana County Magistrate Court in the 2014 election. He was appointed to the position in October 2013 by Governor Susana Martinez to fill the vacancy created by Judge Richard L. Silva's retirement. He will run in this election in hopes of serving a full term.^[32]

A Dona Ana County attorney, Peter Goodman, wrote an opinion piece for the Las Cruces Sun-News in January that points a finger at judges who are switching political parties before the elections – Judge Wellborn included. In 2010, Wellborn ran (but lost) as a Republican for a district judgeship. He used to work under Republican Governor Martinez, and was appointed to his current post by her. In December, he switched over to the Democrats – an act, according to Goodman, done solely to increase his chances of winning. He also highlights the fact that Wellborn approached District Court Clerk Norman Osborne, who is planning to run for the same position as Wellborn, and apparently suggested he withdraw from the race. Wellborn said,

“

I don't think Norm would disagree that I'm doing a good job. If his first priority is the best interest of the court, it would be a selfless act on his part to withdraw (and seek the next vacancy) and that if he did that, which would show he put the court's interest above his own, then I would likely make a recommendation of him (if/when a vacancy occurred).^[33]^[11]

”

Wellborn reacted to Goodman's piece with his own response in the Las-Cruces Sun-News. He emphasized the importance of impartiality in judges, saying "political moderation is a strength, not a weakness."^[34] His beliefs have changed over the years, he says, but now most closely align with the Democratic Party.

You can view Wellborn's campaign website here.

External links[edit]

New Mexico Secretary of State, "Elections Data"

Footnotes[edit]

New Mexico courts

Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: District of New Mexico • U.S. Bankruptcy Court: District of New Mexico

State courts:

New Mexico Supreme Court • New Mexico Court of Appeals • New Mexico District Courts • New Mexico Magistrate Court • New Mexico Municipal Courts • New Mexico Probate Courts • New Mexico Problem-Solving Courts • New Mexico Workers' Compensation Administration Court • Bernalillo County Metropolitan Court

State resources:

Courts in New Mexico • New Mexico judicial elections • Judicial selection in New Mexico

[1] Politics1, "New Mexico"

[2] New Mexico Secretary of State, "2014 Primary Election Candidate Guide for Major Party Candidates"

[3] New Mexico Secretary of State, "2014 Candidate Forms - 2014 Election Calendar"

[4] American Judicature Society, "Judicial Selection in the States: New Mexico," archived January 11, 2014

[5] New Mexico Compilation Commission, "New Mexico Statutes, Article VI, Section 33," accessed April 25, 2014

[6] New Mexico Legislature, "Brief Analysis of Proposed Constitutional Amendment 3," accessed August 7, 2014

[7] New Mexico Secretary of State, "General Election Results 2014"

[8] New Mexico Candidacy Declarations in Judicial Retention Elections Amendment (2014)

[9] Quay County Sun, "Committee seeks to remove Mitchell from district bench," October 21, 2014

[10] Quay County Sun, "Preliminary results: Shafer elected sheriff, Mitchell voted out," November 4, 2014

[quotedisclaimer-11] 11.0 ^11.1 ^11.2 ^11.3 ^11.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

[12] New Mexico Judicial Performance Evaluation, "Final Recommendation: Albert J. Mitchell, Jr."

[13] New Mexico Judicial Performance Evaluation, "Final Recommendation: Sheri A. Raphaelson"

[14] Santa Fe New Mexican, "Voters remove Judge Sheri Raphaelson," November 5, 2014

[15] Albuquerque Journal, “Judge drops out of election, affecting Rio Rancho ballots,” September 10, 2014

[16] Rio Rancho Observer, “Judge drops out of election, affecting Rio Rancho ballots,” September 10, 2014

[17] New Mexico Secretary of State, “2014 General Election Contest/Candidate List,” accessed September 11, 2014

[18] Cibola Beacon, “Judge Olguin Not Seeking Retention,” September 9, 2014

[albuq-19] 19.0 ^19.1 ^19.2 Albuquerque Journal, "Judge sues over nomination practice," August 6, 2014

[art-20] 20.0 ^20.1 Daily Journal, "Newly appointed judge files lawsuit seeking to appear on general-election ballot," August 5, 2014

[coin-21] 21.0 ^21.1 US News, "Heads up: New Mexico county magistrate wins election by the flip of a coin," July 10, 2014

[22] Washington Post, "In most states, tied elections can be decided by a coin toss," July 14, 2014

[23] New Mexico Secretary of State, "Unofficial Results, Primary Election 2014," June 4, 2014

[24] American Judicature Society, "Methods of Judicial Selection: New Mexico," archived October 6, 2014

[25] United States Census Bureau, "Quickfacts Taos County, New Mexico," accessed April 2, 2014

[taos-26] 26.0 ^26.1 The Taos News, "Lawyer challenges Taos judge on legal training," March 25, 2014

[27] Clovis News Journal, "Curry County candidate filings for June 3 primary," March 11, 2014

[nm1-28] 28.0 ^28.1 Clovis News Journal, "Several county judges not performing marriages," archived March 19, 2014

[29] New Mexico Secretary of State, "2014 Primary Election Contest/Candidate List"

[30] Miles Hanisee campaign website

[31] Campaign website

[32] Democratic Party of Dona Ana County, "Richard Wellborn Seeks Retention as Magistrate Judge," January 19, 2014

[33] Las Cruces Sun-Times, "Peter Goodman: Judicial candidates switch parties ahead of election," January 12, 2014

[34] Las Cruces Sun-News, "Judge in agreement with Goodman column," January 26, 2014

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New Mexico judicial elections, 2014

Contents

Election dates[edit]

General election: Contested races[edit]

Retentions[edit]

Appellate courts

Trial courts

General election: Uncontested[edit]

Trial courts

Primary[edit]

Process[edit]

Ballot measure[edit]

Filing deadlines for retention elections[edit]

Noteworthy events[edit]

Two judges booted off bench in New Mexico

Judge drops out of New Mexico race

Newly appointed judge sues for the chance to keep her job

New Mexican magistrate post decided by coin toss

Appointed judges not always elected in New Mexico

Candidates debate qualifications in preparation for primary

Crowded races and the question of marriage licenses

Primary candidates filed in New Mexico

New Mexico Court of Appeals race

New Mexico magistrate court election spotlight

See also[edit]

External links[edit]

Footnotes[edit]