New Mexico Supreme Court brings Rule of Law Program case hearing to Portales

David K Thomson, Chief Justice of the New Mexico Courts
David K Thomson, Chief Justice of the New Mexico Courts
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Students in Portales will have the chance to observe the New Mexico Supreme Court as it hears a criminal case at Eastern New Mexico University on April 1. The event is part of the Rule of Law Program, now in its sixth year, which aims to provide civics education by allowing students to watch court proceedings both in person and online.

Chief Justice David K. Thomson stated, “The Rule of Law Program helps the law come alive for young people. Rather than reading how courts work, students can see and hear what happens when our state’s highest court is asked to interpret the law and apply it to resolve a legal dispute.”

During the session, attorneys will present their arguments and respond to questions from the justices regarding an appeal from Carlos Mendez, an Otero County man convicted of aggravated drunken driving. The central issue concerns whether Mendez received a fair trial during jury selection in 2022.

Mendez was found by Tularosa police asleep at midday in his vehicle at a stop sign, with breath tests indicating alcohol levels above the legal limit. His appeal claims that the district court improperly denied his request to excuse a prospective juror for cause due to alleged bias toward law enforcement. As a result, his defense used its last peremptory challenge on this juror and could not exclude another potentially biased individual.

State prosecutors maintain that Mendez’s conviction should stand because the juror did not make statements requiring removal for cause. They also argue that using peremptory challenges protected Mendez’s right to an impartial jury and ask the Court to clarify state law on this issue.

The case is titled State v. Mendez, S-1-SC-40404. Educational materials about the case will be available online through the Supreme Court Law Library.

Chief Justice Thomson added, “By watching an oral argument, students can learn about the role of the judiciary in maintaining the rule of law — the principle that the law applies equally and fairly to all people and institutions.”



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