Candidate Q&As: State Supreme Court Position 1

Oct. 25—Julie Vargas

Party affiliation: Democrat

Age: 54

City or area of primary residence: Albuquerque

Educational background: Brown University, 1986-1990, Bachelor of Arts in History and English Literature; University of New Mexico School of Law, 1990-1993, J.D.

Occupation: Associate Justice, New Mexico Supreme Court

Political Experience: In addition to this race to keep my seat on the New Mexico Supreme Court, I ran for and won a seat on the New Mexico Court of Appeals in 2016.

Relevant life experience: A native New Mexican, I understand the unique issues facing our state. Prior to serving as a judge on Court of Appeals and justice on the Supreme Court, I spent two decades helping small business and families with their legal issues.

Have you ever been charged or convicted of a crime, including drunken driving?: No

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business?: No

Have you ever been the subject of liens for unpaid taxes?: No

1. Why should voters choose you over your opponent?: I have broad experience in all areas of the law. In addition to my 23 years of experience in commercial litigation, as a judge on the Court of Appeals and Supreme Court, I have decided hundreds of cases in every area of law that comes before our state courts. My commitment to improving the legal system is also evident from my volunteer activities with the State Bar, the Ethics Advisory Committee and the Disciplinary Board.

2. Describe your judicial philosophy: I do not have a per se judicial philosophy. My job is to decide each case on its own facts in a fair and impartial manner. In doing so, I am committed to following the canons of construction recognized by our case law for interpreting statutes and regulations. And with regard to case law, stare decisis counsels how judges are to interpret that case law and the circumstances under which we can overrule it.

3. The Supreme Court formed the Equity and Justice Commission in 2020 to address issues related to race and bias in the judiciary. What are your views on whether the court, as a whole, deals effectively with racial and gender bias?: As with any organization, there is always room for improvement. We recently revised the policies for judicial nominating commissions to address race and gender bias and initiated transgender cultural fluency training for court employees. However, there are areas of our system for which we have no data. For example, we have no data explaining whether criminal defendants are treated equally by race, ethnicity, or gender. This is something we've asked the commission to evaluate.

4. What do you perceive as the greatest obstacles to justice in New Mexico, if any?: In the civil context, access to lawyers and the justice system remains a significant obstacle. Ten New Mexico counties have ten or fewer lawyers. Litigants continue to struggle to come to the courts and participate in cases. In the criminal context, access to mental and behavioral health treatment is among our most significant problems. The availability of these mental and behavioral health services is absolutely vital to avoid recidivism.

5. Who do you most admire on the current United States Supreme Court and why?: I was impressed by the newest justice, Ketanji Brown Jackson. At her confirmation hearing, in addition to her intellectual prowess, she displayed grace and dignity under very difficult questioning. As members of the court, we forgo some of our First Amendment freedoms to protect the impartiality of the process, promising to decide cases fairly and impartially, notwithstanding our personal beliefs. I appreciated how the Justice answered the questions while remaining true to her obligations.

Thomas Montoya

Email: tommontoya@aol.com

Phone Number: (505) 450-7526

Age: 70

City or area of primary residence: Albuquerque

Educational background: J.D., University of Southern California

Occupation: Attorney

Party affiliation: Republican

Political Experience: 2020 Candidate for Court of Appeals; 2022 Republican candidate for New Mexico Supreme Court

Relevant life experience: Forty-one years practice family law; AV Preeminent Rating Martindale-Hubbell Peer Review;

3 times qualified by Judicial Nominating Commission for District Judge; 23 years member, American Law Institute.

Have you ever been charged or convicted of a crime, including drunken driving? No

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business? No

Have you ever been the subject of liens for unpaid taxes? No

1. Why should voters choose you over your opponent? New Mexico needs balance in the appellate courts. Of the 15 current appellate court judges and justices, only one is Republican. I have 41 years experience in family law, a very broad field. I have an AV preeminent rating from the oldest and largest peer review organization. My work is cited as authoritative three times by our appellate courts. I was nominated three times for appointment as District Judge by the Judicial Selection Nominating Commission.

2. Describe your judicial philosophy. My judicial philosophy is conservative. This means the Supreme Court is not a Legislature, making laws because of a desired result. That is the role of elected representatives and the people. I would not read into the Constitution or legislation words that are not there, because of a desired outcome. I will apply the law as written, not as I would want it to be. The facts and the law will control my decisions.

3. The Supreme Court formed the Equity and Justice Commission in 2020 to address issues related to race and bias in the judiciary. What are your views on whether the court, as a whole, deals effectively with racial and gender bias? Apply the rules. Code of Judicial Conduct: "A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice." Code of Professional Conduct: "In the course of any judicial or quasi-judicial proceeding before a tribunal, a lawyer shall refrain from intentionally manifesting, by words or conduct, bias or prejudice based on race, gender, religion, national origin, disability, age, or sexual orientation against the judge, court personnel, parties, witnesses, counsel or others."

4. What do you perceive as the greatest obstacles to justice in New Mexico, if any? It is true that, because of the considerable number and complexity of the laws, those without means are at a disadvantage in the court system against those who can afford a lawyer. Although laws cannot favor those who cannot afford a lawyer, courts can compel litigants to go to mediation, and the Legislature could appropriate monies to pay lawyers at a reduced rate to help litigants resolve their disputes outside the courtroom.

5. Who do you most admire on the current United States Supreme Court and why? Clarence Thomas. From his book, "My Grandfather's Son," I learned Justice Thomas came from a very poor family, abandoned by his father, and raised by his grandparents because his mother could not afford to care for him. Justice Thomas learned strong self reliance, self responsibility and discipline from his grandfather, who, with his grandson alongside him, toiled long hours at manual labor, because the grandfather would not allow himself to work for anyone else.