The Process Of Requesting a New Judge in Albuquerque, New Mexico

 

THE PROCESS OF REQUESTING A NEW JUDGE IN ALBUQUERQUE, NEW MEXICO

Judges are essentially referees that decide legal issues of law. Judges make the call on issues such as what evidence is admitted, what witnesses are excluded, and what statements stay out.

These decisions often make or break one’s case by stacking the deck for the State or Defense.

Admitting a bullet casing here – excluding a child’s testimony there – suppressing an officer’s testimony and 911 call here – admitting a search warrant there.

These decisions tip the scales towards guilt or innocence.

Any sports fan knows that all referees are not created equal. Likewise, every lawyer knows that all judges are not created equal. Some judges make bad calls more consistently than other judges. Some judges were Assistant District Attorneys before they scaled the mountain to judgeship. Other judges were Public Defenders before becoming judges. Some judges tend to lean in favor of the State, while others lean in favor of the Constitution and the Defense.

Being stuck with the wrong judge can be as bad as being stuck with the wrong spouse. The experience isn’t pleasant. This is why a handful of judges are routinely excluded from certain cases. These judges are excluded because they are generally known to lean in favor of one side regarding certain issues of law.

GETTING A NEW JUDGE IN CRIMINAL COURT IN NEW MEXICO

In criminal cases judges must be excused within 10 days from the date of Arraignment, or the date that the judge signs a Waiver of Arraignment. This ten day rule applies for cases in the Metropolitan Court, District Court, and Magistrate Court. For any reason – or no reason – the Defendant has the right to file a Notice of Excusal with the court’s clerk and the case is then reassigned to a new judge. However, a party may not excuse a judge after requesting the judge to perform a discretionary act other than conducting an arraignment or first appearance, setting initial conditions of release, or a determination of indigency.

Judges cannot be excused in criminal cases that take place in Federal Court or Municipal Court. Because of this fact, the ten day rule does not apply in Federal and Municipal Courts.

Judges in any New Mexico courthouse – including Federal and Municipal Courts – can be disqualified, (“recused,”) when the judge’s ability to be fair and impartial (“impartiality”) may be reasonably questioned. Issues that question a judge’s impartiality include: bias, relation to one of the parties, appearance of impropriety, business/intimate relationship, statements indicating bias or the inability to be fair and impartial. Judges in any New Mexico courthouse should always file a Certificate of Recusal in any action where their ability to be fair and impartial might reasonably be questioned.

GETTING A NEW JUDGE IN FAMILY COURT IN ALBUQUERQUE, NM

Unlike criminal cases, family law cases fall under the umbrella of civil law. Similar to criminal cases, parties to a family law case can request a new judge by filing a Notice of Excusal. In family law cases, the excusal must be filed within 10 days from the date that one receives court notice of assignment or reassignment of the case to a judge. This means that one party can excuse the judge within 10 days of the initial assignment, and the opposing party has the ability to then excuse the newly appointed judge within 10 days of receiving notice of reassignment.

Interestingly, in certain parts of Albuquerque, NM where the courthouse only has one judge in the family law division – like Sandoval County – filing a Notice of Excusal can result in the case being transferred to a new courthouse in a different area. In Sandoval County – Rio Rancho – the case is likely to be transferred to Valencia County – Lose Lunas – when a party to the case files a Notice of Excusal, or in situations where the judge files a Certificate of Recusal.

Similar to family law cases, each party in a civil case that deals with contracts, wills, property, personal injury, etc., has the right to file a Notice of Excusal within 10 days from the date of the judge’s assignment/reassignment.

For cases that are midstream and have already passed the 10 day rule described above, the only way a litigant can request a new judge is by filing a Motion to Excuse Assigned Judge. The downside with such a Motion is that it is heard and then decided by the judge one is requesting to be removed. In most situations such a motion will be denied and the litigant will be stuck with a judge that is further alienated from one’s case because of the motion.

A common link between criminal law, family law and civil law is that only one Notice of Excusal can be filed, eliminating one judge from hearing the case. This means that one should always choose wisely when filing a Notice of Excusal. Just because a judge is new doesn’t always mean that the judge is better, and at times the second judge can be worse than the first judge.

(505) SANCHEZ IS HERE TO ANSWER YOUR QUESTIONS ABOUT REQUESTING A NEW JUDGE IN ALBUQUERQUE, NEW MEXICO

Do you still have questions about requesting a new judge in Albuquerque, New Mexico?  Child custody and divorce in Albuquerque often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.