Letters.

Judicial Challenges

The letter in the September 1 News about judicial peremptory challenges was right on target.

After 12 years of a litigation practice in Broward County, I moved my family, home, and practice to Santa Fe, New Mexico. What a difference a move makes. Under Rule 1-088.1 of the New Mexico Rules of Civil Procedure, the party filing the action has 10 days to file a peremptory challenge to the judge assigned to the case in the blind selection by the clerk of the court. Once a new judge is assigned, any other party can file a peremptory challenge within another 10-day period. No party is allowed more than one peremptory challenge.

The peremptory challenge works just fine in New Mexico. When an attorney has a bad experience with a judge in ways that would not rise to grounds for recusal for cause, practicing attorneys can avoid future appearances before that judge with a nonaccusatory peremptory challenge. Sometimes in a very detailed or complicated business or tort claim, it does a client a disservice if the case must be heard by a judge who may not have the intellectual heft to get his or her arms around the issues. The peremptory challenge is the answer. When a case is filed and the client is notified of the name of the judge, if they have any negative feelings about the selected judge -- be those feelings rational or irrational -- the judge can be eliminated without hassle.

The peremptory challenge rule is in effect for all departments of the general jurisdiction trial courts in New Mexico: general, domestic relations, criminal, and probate.

It works well and promotes the appearance of justice. It avoids the necessity of filing factual affidavits directed against the assigned judge which can only exacerbate future confrontations. The clients, the lawyers, and the judges find this is the best of all worlds since most cases where the judge may have personality problems with an attorney or a client are eliminated before they begin.

Stuart L. Stein

Santa Fe

Access to Justice

Your article on access to justice in the September 15 News mentioned several innovative and unique programs that could be created in the future.

Many of the imaginary scenarios presented in the article will soon become a reality for citizens in a 22-county area in North and Central Florida. In early 2002, Central Florida Legal Services (Daytona Beach and Palatka), in partnership with Withlacoochee Area Legal Services (Ocala) and Three Rivers Legal Services...