Governor to decide on next district 10 judge

The judge who failed to be retained in the Nov. 4 general election and the former judge he defeated in 2008 are the only candidates for the Tenth Judicial District’s single judicial position.

The position became available when the current judge, Albert Mitchell, failed to receive enough votes to be retained in the general election. Mitchell, however, has applied to keep his job despite a request to the state supreme court for a writ that would stop his candidacy.

On Monday, Mitchell responded with a supreme court filing that challenges the writ request. Mitchell's response states:

• the supreme court should not have jurisdiction on the issue,

• that there is nothing in the law or rules for judicial nomination that prohibits Mitchell from filling a vacancy created by his non-retention, and

• that the arguments in the original writ request are not persuasive.

The other candidate is former Tenth Judicial District Judge Don Schutte, who served as judge from September 2007 until January 2009, after Mitchell defeated him in a November 2008 election.

The Tenth District includes Quay, Harding and De Baca counties and is the only judicial district in New Mexico with only one judge.

Gov. Susana Martinez will appoint a judge for the district after the candidates are evaluated in a series of hearings and deliberations before a state-appointed judicial nominating commission.

The commission’s first meeting to evaluate the candidates will be held at 10 a.m. Dec. 11 at the Quay County Courthouse, 300 S 3rd St., Tucumcari.

Public comments will be taken at that meeting, as well, according to a news release from Raylene Weis, coordinator for the nominating commission. Weis advises those who wish to comment to arrive early.

The state Supreme Court will hear arguments Thursday in the request for a writ that would end Mitchell’s candidacy, according to a court order.