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October 15, 2010     Hidalgo County Herald
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October 15, 2010
 

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6 HIDALGO COUNTY HERALD FRIDAY, OCTOBER 15, 2010 J 2010 RETENTION .REPORT VOTERS hz the upcoming 2010 general election, New Mexico voters will be asked whether to retain two New Mexico Supreme Court Justices and two New Mexico Court of Appeals judges. Under our state's constitution, these individuals must receive at least 57 percent voter approval to remain on the bench. Judicial Performance Evaluation Commission Provides Information to Voters in 1997, the New Mexico Supre;ne Court created a non-profit, nonpartisan volunteer commission - the New Mexico Judicial Performance Evaluation Commission (JPEC) to help justices and judges improve their performance on the bench; and to provide useful, credible information to voters regarding a justice's or judge's performance so t-hat they can make an informed decision. JPEC is made up of 15 volunteer members, including seven lawyers and eight non-lawyers, who spend hundreds Of hours performing evaluations. Our Evaluation Process The JPEC evaluates judges using an objective, carefully- monitored process. Evaluations are based on performance in four (4) main areas: Legal Ability - including knowledge of the law Fairness - including being fair and impartial and exhibiting integr!ty Communication Skills - including issuing clear written orders and/or opinions Preparation, Attentiveness, Temperament, and Control over Proceedings - including respecting court employees, appropriate demeanor in the courtroom, timeliness of rulings, and handling ongoing workload Confidential surveys are distributed by an independent research firm to those individuals who have had direct contact or interaction with the judge or justice being evaluated, including attorneys, court'staff and other judges. JPECalso conducts confidential, one-on-one interviews with each judge or justice being evaluated to share survey results and review their self-assessment of performance. Supreme Court of New Mexico liij PEC Judicial Performance Evaluation Commission For more Information: Visit our website at www.nmjpec.org or call (505) 827-4960. About the Statistical Results Percentage That Agree Or Disagree That The Justice Or Judge Exhibits Positive Qualities In Each Category The "Agree" column is comprised of the strongly agree and agree responses. Similarly the Disagree" column is comprised of the strongly disagreeanddisagreeresponses Thecombinedpercentage(%)of the "Agree" and 'Disagree and "Partly AgreePartly Disagree  for each category may not equal 100% due to rounding erro[ "N/A  indicates that the category is 'not applicable" because this populationgroup was not asked certain questions. Percentage That Recommend The Justice Or Judge Be Retained Or Not Be Retained In Office The "Retain" column is comprised of the strongly recommend retain and somewhat recommend retain responses. Similarly, the "Do Not Retain " column is comprised of the strongly/recommend not retain responses and somewhat recommend not retain responses. Political Advertisement- Paid for by the New Mexico Judicial Performance Evaluation Commission Supreme Court Honorable Charles W. DanlelS Recommendation: RETAIN Catagoy Exhibits Integrity Fair aad Impartial Knowledgeable of Law Respects Court Employees Appropriate Demeanor Timeliness of Rulings Handles Ongoing Workload Evaluation: Chief Justice Charles W. Daniels received positive scores among other appellate court judges, lawyers and court staff in all areas evaluated. Some of his specific strengths among judges and staff include proficiency, preparation, collegiality and work ethic. Among lawyers, strengths include scholarly legal analysis, dear decisions and proper demeanor Experience and lidmmtim Chief Justice Daniels was appointed to the Supreme Court in 2007, was retained by election in 2008 and was appointed Chief Justice in 2010. He graduated magna cure laude from the University of Arizona and was tirst in his law school class at the University of New Mexico in 1969. He had a 38 year career in private law practice and as a University professor prior to appointment to the Supreme Court, He has been active in community affairs and professional organizations and has received numerous honors, citations and awards during his career. Percentage That Agree Or Diugree That The Justice Exhibits Ibsitive Qualities In Each f.mNqlee,/" Attorneys Agree 92% 85% 92% NtA 92% 92% N/A ParAgrea/ Partly Disagree Disagree 5% 3% 10% 5% 7% 2% N/A NtA 7% 1% 8% 1% N/A NtA .ewt  97% N/A 96% 80% N/A 73% 94% PartJy Agree/ Partly Disagree Disagree 0% 3% N/A N/A 4% O% 17% 3% N/A NIA 23% 5% 0% 6% Appellate Judges (n.f 3,   Response Rm) Agree 100% 100% 100% 100% lO0% 67% 6O% I Parb'y Agree/ Part)y Disagree Disagree I I o% 0% 0% ,0% 0% 0% 0% O% 0% 0% 17% 17% 20% 20% Retion Recommendation Percentage That Recommend 11Ire Justice Be Retained Or Not Be Jetained In Oflke Attorneys Court Staff Do N Retain ] Neutral Retain Retain I Neutral I I 92% I 5% 3% 85% I 9% Do NOt Retain 6% lqqmlllats I , I I Do Not Retain I Neutral  Retain I ' ' I 100% I 0% 0.6 Honorable Petra Maes Recommendation: RETAIN lvcduatbn: Justice Petra Maes received somewhat mixed ratings from the various groups surveyed. For example, attorneys and her fellow appellate court judges rated her positively for demonstratipg appropriate demeanor and for conducting herself in a manner free from impropriety. In addition, the appellate judges also rated her highly for assisting in administrative duties and partidpating in court projects. However, attorneys and court staff rated her somewhat lower for her knowledge of the law and exercising sound legal reasoning. In addition, the court staff rated her poorly when it comes to working effectively and cooperatively with other court personnel, as well as effectively selecting, developing, and supervising law clerks and paralegals. After considering the survey results and her interview, the Commission concluded that Justice Maes is committed to improving her judicial performance. i"l and Ikllmmfltma Justice Maes was elected to her current position in 1998. Prior to this, she served as District Judge in the First Judicial District for 17 years, where she served in Family Court and in both the Criminal and Civil Divisiors. J tic e Mes is a nafar of the American Bar Association, the National Hispanic Bar Association, the New Mexico Women's Bar Association, and the AmericanIawl n stitut e received both her undergraduate and iaw degrees from the University of New Mexico. Category Exhibits letagry Fair and Impartial Knowledgeable of Law . Respects Court Employees Appropriate Demeanor Ta=liness of Rulings Handles Ongoing Workload Percentage That Agree Or Discqlre That The Justice Exhibits Positive Qualities In Each Category' Attorneys Agree 81% 67% 56% N/A 84% 75% N/A PayAgreet Pary Disagree Disagree 15% 4% 25% 8% 27% 17% N/A N/A 12% 4% 10% 6% N/A NIA em, t flaff (n-3g, 37.9% Response Pate) Agree 68% N/A 510 44% NtA 43% 42% Paly Agree/ Partly Disagree Disagree 19% 14% N/A N/A 26% 23% 25% 31% NIA WA 29% 20% 17% 42% Appellate Judges (n=f3, 86.7% Response Rate} Pay Ag Agree Partly Disagree 100% 0% 92% 8% 97% 3% 90% 10% 100% 0% 71% 29% 83% 17% I Disagree I ! O% o% O% O% O% O% O% e Retention Recommendation Percentage That  The Justice Be iletalned Or Not Be Ibtalned In Offia 1 A.o,=. o s,..;."  .... ' " i,p.nnt- l-. I I ] Do Not Do Not Do Not i i Retain Neatral Retain Retain Neulral Retain Retain I Neutral Retain I 65% 13% 22% 42% 21% , 37% 100% I 0% 0% I Court of Appeals Honorable Michael D. Bustamante Recommendation: RETAIN Categ(- Exhibits Integrity Fair and Impartial Knowledgeable of Law Respects Court Employees Appropfiap Demeanor "timeliness of Rulings Handles Ongoing Workload Retention Recommendation lvaluatlua: Judge Bustamante received positive ratings from all of the populations that were surveyed for this evaluation. Attorneys rate him positively for conflucting himself in a manner free from impropriety and for demonstrating appropriate demeanor. The court staff and his fellow appellate judges rate him highly for his knowledge and application of the law for worki ng effectively and cooperatively with other court personnel, and for rendering opinions without regard to possible public criticism. lxplrielnam and 11: Judge Michael Bustamante was appointed to the Court of Appeals in 1994 and was first elected i n November 1996. He has been on the Court of Appeals for 16.years. Prior to being a judge, he was in private practice for 20 years. Judge Bustamante has been active in community and professional legal organizations throughout his career. Judge Bustamante received both his undergraduate and law degrees from the University of New Mexico. Percentage That Agree Or Disaslre That The Judge lxidk4ts PmsJtive billies In Each Categmry* Attorneys (n,238, 45.2% Response Rate) Agree 91% 76% 76% N/A 9O% 77% N/A Partly Agree/ Partly Disagree Disagree 6% 3% 17% 6% 17% 7% N/A N/A 5% 5% 201o 3% NtA NtA Court Staff {11=43, 38.1% R Rate) Agree 86% N/A 98% 85% WA 95% 95% Partly Agree/ Part Disagree 9"/0 N/A 3% 10% N/A O% 5% Disagree 5% N/A O% 5% N/A 5% 0% Agree 100% 100% 99% 100% 100% 100% lO0% Percentage That Recommend The Judge Be Iald Or Not Be Relained In Offke (re=f3, 86,7% Roore Rata) Retain 77% Parl]y Agree/ P;y Disagree Disagree 0% 0% 0% O% 1% O% O% o% 0% O% O% O% % 0% At Nealr 14% Do Not Retain Retain I Neutral 9% 98% I 5% Do Not Retain 5% Am,,hts I Do Not ' Retain I Neutral Retain ! 100% I IP/o O% Catagory Exhibits Integrity Fair and Impartial Knowledgeable of Law Respects Court Employees Appropriate Demeano Timeliness of Rulings Handles Ongoing Workload Retention Recommendation Honorable Celia Fay Castlllo Recommendation: RETAIN lvoluatlom Judge Celia Foy CastiIIo received positive ratings from all of the groups that were surveyed for this evaluation. The attorneys rate her positively for conducting herself in a manner free from impropriety and for demonstrating appropriate demeanor. The court staff and her fellow appellate judges rate her highly for being timely in making rulings and rendering decisions, for being a hard' worker, and for effectively handling the ongoing workload and establishing appropriate priorities. ._ |xp' and |dkztkm: Judge Celia Foy Castillo was elected to the New Mexico Court of Appeals in 20OO. Before as,uming the bench, she was in private practice in Silver City, NM, at the firm of Foy, Foy, and Castillo, PC. She is a member of several professional organizations and is currently the Chair of the Judiciary's Budget Committee. In 2008, she received ,fi award from the NM State Bar for Outstanding Judicial Service. Judge Castillo received her BA from Saint Mary's College, Notre Dame, Indiana, and her law degree from the University of New Mexico School of Law. Percentage That Agree Or Dieaglme Irlhmt The Judge lxldll4ts Positive bllties In Each Category* Atem (r278, 43.8% Response Rate) . Agree 88% 84% 73% N/A 89% 8;'% N/A Partly Agrea/ ParNy Disagree 10% 8% 18% N/A 8% 11% N/A D 3% 8% 8% N/A 3% 2% N/A ouet Staff (n-44, 311.9% .o.ee Rm) ParUy Agre Agree Partly Disagree , 86% , 8% N/A , N/A 89% = 10% 2% I 11% N/A I N/A 100% 0% 100% I 0% Disagree 5% NIA 1% 17% N/A O% O% Appellate (,..O. =s.7% Response Rate/ Agree 100% 100% 09% 100% lO0% 100% 100% Percentage That Recommend The Judge Be Retained Or Not h II*tairnd In Oflk Retain I I 79% I PatSy Agree/ PartJy Disagree Disagree O% 0% 0% 0% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% Attorneys Neutral 10=/= Do Not Retain [ Retain I I 10/o 83% I oeM Dot Neu'at Retain 10% 8% I I DONol Retain I Neutral Retain I 100% I 0% 0%