Understanding “Courthouse Culture” in Albuquerque, New Mexico

UNDERSTANDING COURTHOUSE CULTURE IN ALBUQUERQUE, NEW MEXICO

Looking for information about courthouse culture in Albuquerque, New Mexico?  According to the the recent U.S. Census Bureau: New Mexico is the most racially diverse state in the continental U.S.   This week I had the opportunity to travel to various Courthouses in Albuquerque, New Mexico, experiencing this diversity and culture firsthand.

FAMILY VIOLENCE PROTECTION ACT HEARINGS ACROSS NEW MEXICO

Each city across New Mexico has its own unique atmosphere and culture.  Compare Taos with Cuba or Santa Fe with Hobbs and you will come away with the impression that no two cities are alike.  Similarly, each Courthouse across New Mexico has its own unique culture, and no two Courthouses across New Mexico are alike.   I’ll call this phenomenon New Mexico’s  “Court Culture.”

Although my practice is centered in Albuquerque, New Mexico frequently have the opportunity to travel to different Courthouses across the state – practicing both Family Law and criminal defense in the process.  The wide breadth of my practice provides me with the opportunity to witness the cultural differences and variety between the Courthouses across New Mexico.

Some Courthouses are tense and formal.  Others are laid back and easy going.

Some Courthouses allow one to walk into the specific Courtroom without any search whatsoever.  Others require one to remove any objects from one’s pocket and then walk through a metal detector.  Some Courthouses prohibit cell phones altogether.  Other Courts allow cell phones, but require the removal of one’s belt before passing through the metal detector.

Even within the same Courthouse each separate Courtroom has its own unique atmosphere.

UNDERSTANDING THE DIFFERENT PERSONALITY STYLE OF JUDGES ACROSS ALBUQUERQUE, NM

Some judges are like wardens – others are like Yoga instructors.  Some Judges worked as Public Defenders before being appointed to the bench – others worked as District Attorneys. Some assistant District Attorneys wear three-piece suits to court – others wear “Shapeup shoes” and lime green cardigan sweaters.

On the far end of the spectrum there’s the Federal Courthouse in Albuquerque, NM.  The building is pristine and immaculate.  Passing through security is similar to boarding an airplane — requiring one to remove any objects from one’s pockets, belt, and even one’s shoes.  Each time that I walk into the Federal Courthouse I feel like I’m walking into a crowded room with my zipper down.

On the other end of the spectrum there are Magistrate Courthouses scattered throughout small cities in New Mexico.  The buildings aren’t quite as immaculate as the Federal Courthouse, but these Courthouses definitely have their charms.  No metal detectors – no searches – cell phones are generally allowed – and you can usually spot an assistant District Attorney sporting tennis shoes, sometimes a polo shirt – and almost always a Coke and a smile.  Likewise, the Judges are generally friendly, respectful, and make it a point to remember you by name.  If it’s your first time before a particular Judge they will usually make it a point to welcome you into their Courtroom.

Last Thursday I had the pleasure of journeying out to the Eighth Judicial District Courthouse in Raton for a hearing surrounding a Petition for Order of Protection.

At its core, an Order of Protection is a Civil Restraining Order that prevents any contact between two or more individuals when the Court finds that domestic abuse has occurred.

If granted the Order of Protection prevents the offender from contacting the alleged victim for up to six months, which can be extended for an additional six months if good cause is demonstrated.  Moreover, violations of an Order of Protection carry severe repercussions.  The first violation is a misdemeanor punishable by a maximum of one year in jail, and also carries employment consequences, and can affect one’s Second Amendment right to bear arms.  A second violation carries a mandatory 72 hours of jail time, and a maximum of 18 months in jail.  A third or subsequent violation is a third degree felony that is punishable with up to three years in jail, or a $5,000 fine.

The District Courthouse in Raton is similar to many of the smaller Magistrate Courts in New Mexico.  The security guard at the entrance remembered my name from a previous hearing, and talked to me about the Stephen King book that he is reading, a book that involved JFK and time travel — he had me at JFK.

After the hearing the Special Commissioner that presided over the case took the time to show me around the Courthouse, introduced me to the court’s clerks, receptionists, assistants, and even introduced me to the phrase “Court Culture” in the process of showing me the Raton District Courthouses’ unique culture.