Magistrate Judge candidate questionnaires
May 6—Morgan Wood
City or area of primary residence: Santa Fe
Age: 50
Party affiliation: Democrat
Educational background: Tulane University, University of Denver School of Law
Occupation: Magistrate judge
Political experience: none
Relevant life experience: I have spent the past 20 years as either a defense attorney or a prosecutor and as a judge.
Have you ever been charged or convicted of a crime, including drunken driving?: No
Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business?: No
Have you ever been the subject of liens for unpaid taxes?: No
Why should voters chose you over your opponent?
I want voters to vote for me because of my legal knowledge and training, and my extensive experience in our Magistrate Court, first as an attorney and now as a judge. I have a familiarity with the legal and treatment communities and fluency in the laws and statutes that are unmatched. If you appear before me as a defendant, victim, law enforcement or civil litigant or attorney, you can have confidence that you will be respected and that I will be prepared to address your case based on my knowledge.
I was appointed based on a review of my qualifications, and since that time have continued to have enormous amounts of training. The work that I've done day in and day out on the bench as your judge speaks for itself.
What are three important qualities a magistrate judge should have and how do you exemplify these?
Relevant legal education and experience. The Magistrate Court is unique because of the types of cases we hear and the fact that we often act as gatekeepers — even more felony cases first come to us for warrants, conditions of release and probable case findings. I have extensive experience specifically in this court, but also with all kinds of cases from both sides. Lastly, in addition to law school, continuing legal education and presenting trainings, I've been on the job and had specific training as your judge.
Humility. Where judges get in trouble, and thus ineffective, tends to come down to arrogance or believing oneself above the law. If I'm wrong, I'm happy to learn from that.
A thick skin. Not everyone who appears before you will be happy with you. Nearly 15 years as a public defender taught me to slow down, be open to others, but ignore ugly comments.
What do you think is the most difficult part of being a magistrate judge and how are you prepared to overcome that challenge?
Once I took the bench, I found that some of the civil cases were the most challenging. Litigants in these cases are often pro se and there can be a lot of emotion and anger involved from both sides. I find that with these cases the best thing to do is pull on my legal experience explaining the expectations of the court and the procedure to the litigants so they can stay respectful of each other, and I can maintain control of my court even with emotions high.
In 2020 the Supreme Court created a Commission on Equity and Justice to study and address biases and inequities in the state's judicial system. Why is it important to understand and address biases you may possess?
Our biases about others are impermissible "short cuts" in the court system. Rather than making decisions based on the facts and the law, biases and lack of awareness about inequalities can lead us to make assumptions. Every judge needs to be aware of the issue and reevaluate themselves honestly. When crafting my decisions — from conditions of release to sentencing to civil judgments — I feel it's helpful to spell out the reasons for those decisions to be sure they're based on the facts and actions alone.
Should a law degree be a requirement to be a magistrate judge? Why or why not?
Yes. "The peoples' court" can mean that most people appearing here are not attorneys and appear on their own without an attorney's knowledge of the laws or are law enforcement officers acting as both prosecutors and as witnesses. Where convictions, civil judgments, evictions and warrants impact peoples' lives, so the need for training and education in the law is essential — it ensures that decisions are based on the letter of the law and not on feelings.
I've seen the arguments attorneys make and read the caselaw they refer to. I've had to make probable cause determinations in the middle of the night — meaning someone's home could be searched, or they could have their blood drawn or be arrested. You must be ready with that knowledge at your fingertips and confident you're right without being able to consult with others with more experience.
Lastly, many attorneys from the DA's Office and the Public Defenders Office are new, or at least new to the area. Being a lawyer with extensive experience also means that I can help mentor best practices. This means even better people representing their respective sides going forward.
Melissa Mascareñas
City or area of primary residence: Santa Fe
Age: 56
Party affiliation: Democrat
Educational background: Bachelor's degree in business/public administration
Occupation: Retired paralegal
Political experience: Successful state campaign for Justice Petra Maes. Presiding election judge and poll worker since 2002. Democrat ward chair and lead journal clerk for the New Mexico state Senate.
Relevant life experience: Lifelong community member of Santa Fe County. President and board member of a community organization. Pojoaque Valley Little League board member for 16 years. Honest, hard worker and community minded.
Have you ever been charged or convicted of a crime, including drunken driving? No
Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business? No
Have you ever been the subject of liens for unpaid taxes? No
Why should voters chose you over your opponent?
I am the best candidate for this position because I know my community. I am proud to say I have lived here my entire life. I have over 30 years of experience in the legal field, and 13 of those years were working in the First District Court and the New Mexico Supreme Court. I was very fortunate to have on-the-job training by some of the best possible mentors. I am well versed in reading and writing all types of legal briefs. I know how to do legal research regarding current case law and know that this knowledge will help me in this position. I am passionate about helping my community. I want to advocate for my community, and I am willing to ask the current Legislature for their help that we so desperately need for treatment, programs and alternative solutions.
What are three important qualities a magistrate judge should have and how do you exemplify these?
Integrity, fairness and honesty in decision making are three important qualities in a magistrate judge. I am able to sit and listen to both sides and follow the law as it relates to the specific matter at hand. I am honest and care deeply about my community. I have shown this by years of volunteering. I want to make Santa Fe a better place for my grandchildren and their children. Because they matter. These are the values my grandparents and parents have instilled in me. I am confident that my core values will help me to prove this. It's important to lead by example and know that a judge is always held to a higher standard. It has been my lifelong goal to become a Santa Fe County magistrate judge.
What do you think is the most difficult part of being a magistrate judge and how are you prepared to overcome that challenge?
The most difficult part of being a magistrate judge is going to be that I am well known in the community. I will have to make daily decisions on when to recuse myself from a case. I will always follow the law in regard to this. It is very important to me that when I take my oath for this office that I do everything that is required of me. To the best of my ability. It is important to follow the rules. Integrity matters and I have always held myself to a higher standard.
In 2020 the Supreme Court created a Commission on Equity and Justice to study and address biases and inequities in the state's judicial system. Why is it important to understand and address biases you may possess?
As a judge it is very important that you treat everyone with respect and dignity. Everyone matters when they come into the courtroom. I am unbiased and know it is very important to treat everyone equally as is required by law. I have witnessed firsthand bad judge behaviors, and good judge behaviors. It is important to weigh all evidence. It is also important to keep an open mind but follow the law as it pertains to the case.
Should a law degree be a requirement to be a magistrate judge? Why or why not?
I do not believe that a law degree should be a requirement for a magistrate judge. It's an interesting fact that even a U.S. Supreme Court justice does not need a law degree. Having the executive branch make appointments to this position takes away from the community as a whole having a choice in who their magistrate judge is. It's important that people get out and vote to keep this position as it was intended to be, a people's court. Making a difference is my strong point. We are faced with many issues, and I want to help bring a positive change. Please vote for me to be your Santa Fe County magistrate judge. Move me from the ballot to the bench.
