Four candidates recommended for judge position

CLOVIS - Two prosecutors, a former district attorney and an attorney for the Ninth Judicial District were recommended Wednesday to fill the district's vacant judge position.

Jake Boazman, Brett Carter, Ben Cross and Brian Stover had their names forwarded to Gov. Michelle Lujan Grisham following a day-long process that included 30-minute interviews with nine applicants and an hour-long deliberation session.

The governor will have 30 days to fill the seat, which has been vacant since Matthew Chandler's retirement Aug. 6.

The nominating committee, filled with attorneys and community representatives locally plus Supreme Court Justice Briana Zamora and other various statewide representatives, spoke with each candidate about their background, why they wanted the job and how they'd manage situations they'd face on the bench.

Committee members, when introducing themselves, noted their occupations and how they were appointed to the committee, along with how they knew any of the candidates. All but one committee member, Court of Appeals Judge Gerald Baca, knew at least one candidate, and all committee members insisted they could be impartial throughout the process.

Sergio Pareja, dean of the University of New Mexico School of Law, chaired the process and made it clear to all he might have to cut people off to either make sure every committee member got an opportunity at a question or that candidates made opening statements no longer than five minutes.

"We're already committing a whole day," Pareja said.

Candidates nominated, listed in order of their interviews, were:

• Stover, the chief deputy district attorney, and a 23-year veteran of prosecution.

Stover said treating people with respect, no matter what they're accused or convicted of, is paramount because everybody deserves it. Stover, when asked if he could be fair given his time entirely on the prosecution side, said consulting with many defense attorneys has shown him how important defense is.

He noted a good defense is an average citizen's best protection against the government. "We don't think in those terms," Stover said, "because we wear the white hats as prosecutors."

The discussion also touched on a shoplifting charge from when he was 18 - he stole a candy bar from a grocery store "like an idiot" and did 64 hours of community service - and how he picked up a part-time job at a pizza shop while still prosecuting because he's trying to avoid debt for his children attending college. Stover called delivering pizza humbling, but also rewarding when you're bringing that pepperoni pizza to a 5-year-old waiting at the door. "Santa Claus has nothing on me," Stover said.

Stover said he would probably spend at least four months recusing himself because he is involved with almost every ongoing case, but that he could take on all new cases immediately.

• Cross has been the staff attorney for the district for the last 10 years. He said the biggest challenge facing the district is a lack of representation for people in the community.

The court attorney has several roles, including covering for the lack of a Legal Aid office locally and being in charge of the district's truancy program and children's court docket.

When asked what set him apart from the field, Cross said he has specifically sought out jobs that would prepare him to be a judge, and he has seen the challenges and stresses a judge faces up close.

"There is no other attorney in this district who gets to work on things I get to work on," Cross said. "I am here as part of a team."

Committee member and District Attorney Andrea Reeb inquired about Cross' demeanor, noting her recollection that he left the district attorney's office because he wasn't comfortable putting people in jail. Cross said his departure was for various reasons, mostly because he wanted the position he currently has, and that he would have no problem putting somebody in jail if necessary.

• Brett Carter is a retired attorney, and spent time as both district attorney and head of the public defender's office. He felt his career has been well-rounded, with prosecution, defense, indigent cases and legal research.

He retired from Dan Lindsey's firm seven years ago, but still does research from time to time. He noted he has no cases pending, and that Lindsey had no cases scheduled before Chandler's court.

"I could essentially take over from the day I'm appointed," Carter said.

Carter conceded he and judges have sometimes bristled, but insisted there was nothing personal and "you're there to stand up for your client" as a defense attorney. When asked how long he would serve, given his current retirement status, Carter envisioned a 10- to 15-year stretch. He said he is 60 now, and in retired life he's finding daytime television quickly becomes repetitive.

• Boazman, a deputy district attorney and a former public defender, said he has been a public servant his entire life and was raised in Texico by a single mother.

With most of his prosecution work in the Portales office, Boazman said he has handled 200 cases at peak times. He knows there is a "heavy burden on the robe" and was praying until the last minute about whether he should seek the spot.

"I didn't apply until an hour before the deadline," Boazman said. "I wanted to be sure I wanted it."

The committee voted to deliberate in closed session, with partial confidentiality chosen over full confidentiality. Full confidentiality means committee members make no comments beyond the vote; partial confidentiality allows committee members to give candidates feedback without attributing any comment to a specific committee member.

In other highlights from the meeting:

• Applicant Angelina Baca told committee members her knowledge in various facets of law qualified her for the position, even though she felt the prevailing notion was that only prosecutors or defense attorneys were viewed as qualified for prior vacancies in the district.

"I beg to differ," Baca said. "I think you need a well-rounded knowledge of the law."

Baca was asked about a drunken driving charge. She confirmed the charge from 28 years ago, and knows despite her deep regret the charge will follow her for the rest of her life; "if people come into my office to be defended for DWIs, they're going to hear about it."

n Applicant Erin Van Soelen, who is married to current District Judge Fred Van Soelen, said she would have concerns handing complex civil cases early on because she's never done it. Many of the questions she faced were about potential conflicts with a husband and wife serving as two of the judges in a five-judge district.

She doubted she'd have to recuse herself from the same cases as her husband because she's discovered they know different people; he knows most people in Clovis, while as a Grady native she tends to know more people in Curry County's smaller communities.

She didn't think a Van Soelen voting bloc would exist in district judge meetings because 15 years of marriage has taught her they don't always see things eye to eye and neither would just simply go with what the other person wanted.

"Yes, my husband is a judge," Van Soelen said, "but I'd really like to be judged on my own merits."

• Applicant Justin Robbs, a 1995 Clovis High and 1999 Eastern New Mexico University graduate, said he has always intended to return to Clovis and the judge vacancy felt like the right opportunity. When asked why he hasn't moved back home yet, he noted his children somewhat consider Albuquerque their hometown and noted it's a financial risk to leave a good firm and open up your own firm in a smaller town that may not have a great deal of civil cases to handle.

Robbs noted his experience is largely in civil law, but that he felt confident he'd be able to preside over criminal cases; "every candidate is going to have to face some thing they've never done before."

• Applicant Quentin Ray said he's been on the side of prosecution and public defense, and he sees the struggles a public defender has. He didn't reference a specific case, but said sometimes a defense attorney will not be ready for a hearing or plea deadline because their client didn't return a phone call and they take the heat because they don't want to throw their client under the bus.

Ray took several questions on how he answered the question of why he wanted the position. Some committee members were clearly put off by the answer of more money and a lighter workload. Ray said he knows judges have work that goes unseen, but he was largely referring to the fact judges have greater control over their own schedules.

• Four members of the public spoke on behalf of candidates; nobody spoke against any of the candidates.

Speaking on behalf of Cross was Lonnie Leslie, who said he once made a case to seat Judge Joe Parker and that Cross held many of Parker's characteristics.

Donna Labatt said Carter had the temperament that was required for a judge.

Rebecca Ford said Robbs was the kind of person you wanted in your family, and he could look at both sides of an issue and give you an honest opinion.

Matthew Lansford said Robbs presented an opportunity to put new blood into the judicial district.