In my younger and more vulnerable years of practicing law I naively believed that judges were all-knowing beings floating above mere mortals, but grounded enough to objectively render decisions that were founded on a supreme understanding of the law. The sun has set on those days.
One of the more frustrating aspects of practicing law is the fact that one can never guarantee with complete assurance how a judge will decide the issue before the court. Judges are humans. Judges have good days and bad days – sleepless nights and tired days – burnt out days – days wishing they heeded their parents’ sage advice and went to medical/dental/art/any other school rather than law school.
My past blog entries have primarily center on Albuquerque, New Mexico law. Here comes the curve ball: New Mexico law is on your side – does your judge agree?
All judges are not born equal. Some judges were Assistant District Attorneys before becoming judges. Others were Public Defenders. Some judges were nominated by a governor. Others were elected into office. Some judges are patient. Other judges have short fuses. Some judges are funny. Others are about as funny as The Book of Revelation. Some are young. Others are old. Some are women. Some are men. Some judges love being judges. Other judges are counting down the seconds to retirement.
It’s possible that your judge was an ultra aggressive Assistant District Attorney who was nominated into judgeship by a republican governor that was also an aggressive District Attorney – will that judge view NM law your way?
It’s possible that your judge has worked seven straight days and had a horrible night sleep – will that judge view NM law your way?
It’s possible that your judge has been relentlessly attacked by Larry Barker for dismissing too many DWI’s in their courthouse – will that judge view NM law your way?
It’s possible that your judge knows that your legal argument is sound, but inherently favors the opposite side and wants you to appeal the decision in the hopes of making new and distinguishable case law – will your judge view NM law your way?
It’s possible that your judge doesn’t agree with your interpretation of NM law and openly tells you to appeal their decision – will your judge view NM law your way?
It’s possible that your judge’s child has soccer practice in 30 minutes and your motion for summary judgement stands in the way – will your judge view NM law your way?
It’s possible that your judge was appointed by the governor, but for political reasons was never put on the ballot for election and won’t be a judge in 30 days – will your judge view NM law your way?
Imagine that you were responsible for deciding all of your friends’ and family marital issues. Imagine that you were appointed to decide child custody issues between your family and friends. How about being appointed to decide how marital assets and debts will be split. Picture a reality where your friends and families came to you, day in and day out, and demanded for you to pick a side regarding martial issues and child issues. Does that sound like something that you would be interested in?
It’s possible that your magistrate judge never graduated from college, never attended law school, and never passed the New Mexico Bar Exam – will your judge view New Mexico law your way?
It’s possible that your Hearing Officer/Special Commissioner is covering for another person on short notice and doesn’t know the legal repercussions of their decision – will your judge view New Mexico law your way?
It’s possible that your judge doesn’t know NM law on the issue before the court and is still thinking about another issue that was previously decided – will your judge view NM law your way?
It’s possible that your judge is teetering on retirement, bored, and has nothing to lose – will your judge view NM law your way?
It’s possible that your judge realizes that there is zero case law that could possibly support an appeal, but otherwise your argument is fundamentally fair and reasonable – will your judge view New Mexico law your way?
No objections have been made to preserve an issue of law for appellate review – will your judge view NM law your way?
It’s possible that your judge “doesn’t find you credible as witness” which at times means that the opposing party is more likeable and trustworthy – will your judge view NM law your way?
Do you still have questions about Albuquerque, New Mexico law, your unique case, and your family court judge? Matthew Legan Sanchez has the experience to guide you through the most difficult of cases and give you tips for understanding family court judges in Albuquerque, New Mexico. Sanchez can be reached by calling (505) SANCHEZ.
Are you considering filing for divorce in New Mexico? If so, navigating through the…
Are you stuck in a toxic marriage and need information on your path towards…
Are you facing a child custody evaluation in New Mexico? Navigating the process can…
In Albuquerque, the safety and well-being of you and your children should always be…
Are you a father facing a difficult custody battle in Albuquerque, New Mexico? Do…
In family law, there is a pivotal agreement that plays an essential role in…