Hanisee runs to defend Appeals Court seat for second time

Oct. 08--LAS CRUCES -- Miles Hanisee has served on the New Mexico Court of Appeals for more than three years, but has never been elected. He is on the ballot this year against Democratic challenger Kerry Kiernan.

Hanisee was first appointed to the court in July 2011 by Gov. Susana Martinez to replace Robert Robles of Las Cruces, who retired after being convicted of drunken driving. He then lost to Monica Zamora in the 2012 election, but was appointed by Martinez to replace Celia Foy Castillo, who stepped down in December of that year.

"Judicial experience matters," Hanisee said. "I'm lucky to have a lot of it now, frankly. You don't see that a lot because our system, unfortunately, immediately turns judicial appointees into partisan political candidates. I've been lucky. Although I've endured an election loss, I was able to continue uninterrupted and have been able to contribute a lot to our court."

Kiernan comes into the race with a wealth of experience as an attorney specializing in appeals. He is one of eight attorneys in the state certified as an appellate practice specialist. He said he has known since the 1980s, when he served as a clerk for an appeals court judge, that he wanted to be an appeals court judge himself some day.

"It was what I like to do the most -- research writing and analysis. And also, the responsibility of it all was very attractive, because, after all, you're making the law, not only for the people before you, but possibly for future cases. And I wanted that," Kiernan said. "I knew in 1986, however, that I didn't have the qualifications to be an appellate judge, and I'd have to spend an enormous time trying to get them."

Kiernan said he went to work for the Santa Fe public defender's office doing nothing but criminal appeals, then went into private practice doing civil appeals.

"I've represented almost every kind of client there is," he said. "I've found that experience of being in the trenches with clients has taught me about issues from both sides."

Kiernan said people expect quick and fair decisions from the appeals court, but often have to wait too long for a decision.

"A lot of people view the Court of Appeals as a removed institution, more academic, more ivory tower," he said "I think judges have to be cognizant that people are awaiting closure."

Hanisee said they have reduced the number of cases pending to be assigned from about 180 when he started to about 60 now.

"The court is working very well together with the 10 judges that we have," he said.

Hanisee wrote an opinion piece for the Albuquerque Journal in which he called for an end to the current system of judicial appointments followed by a partisan election. New Mexico is one of only seven states in the nation that has partisan races for judges, and the only state that does so after the selection and appointment process, he said.

"The cynic might say, 'well, of course, he says that, he's a Republican, they don't ever win judicial elections.' But the reality is, I have been put in untenable situations so many times in the four years that I've been running for this office," Hanisee said. "I try to avoid them, but you can't, because to make the ballot I need 2,500 Republicans to sign a petition. So where do you go? You go to the parties.

"Judges don't belong in partisan gatherings, they just don't belong there."

Kiernan said it is impossible to take politics out of the process entirely. He noted that in 2011 he was selected along with Hanisee and others by the judicial selection commission for the list sent to Gov. Martinez.

"I think he was the only Republican on the list. There may have been one other. The governor appointed him," Kiernan said. "Now, I would argue that there was a political dimension to that."

Both candidates have opted for public financing, saying they didn't want to be put in a position of accepting donations from attorneys who could potentially appear before them. And, both say their diverse legal résumés have prepared them to be an appeals court judge.

"I've seen almost all there is, and I feel I can hit the ground running as a judge," Kiernan said. "For 25 years, I've said this is what I want to do. As opposed to some people looking at it as a semi-retirement, this would be the pinnacle of my career, because I've wanted it for so long and I realized it's going to be a very involved path to get there."

Hanisee said that along with serving on the appeals court he has been working to upgrade the judiciary throughout the state, which saw a rash of retirements recently prior to a new regulation that extended the length of service needed to qualify for a pension. But he made it clear that win or lose, this will be his last partisan election.

"I'm not running again. This is it. I've got 12-year-old twins at home," he said. "I've done everything I can to try my best to do my job, do it well, and help the statewide judiciary in the process."

Walter Rubel can be reached at 575-541-5441.

Kerry C. Kiernan

Education: BA (History) University of New Mexico 1977 (Phi Beta Kappa); JD University of New Mexico 1982 (with honors in Clinical Law)

Occupation: Attorney and shareholder, Sutin, Thayer and Browne PA

Previous political or public service: Former NM Supreme Court Appellate Rules Committee member; UNM School of Law Alumni Board of Directors; NM Supreme Court Mentorship Program, Law-La-Palooza Legal Fair

Top three priorities if elected: 1. Bring my extensive and in-depth experience and training to bear in deciding cases fairly and quickly.

2. Streamline Court of Appeals decision-making by ruling on questions affecting the court's jurisdiction over a case early in the process, in order to save the parties' time and money, and move cases more quickly.

3. Increase public understanding of the role of the courts in our society and the need for judicial independence.

Why are you the most qualified candidate for this position?: I have spent 32 years handling cases of all types all over New Mexico for individuals, businesses, and government agencies. From 1982-1984 I was an associate at Keleher & McLeod in civil litigation. From 1984-1986 I was a law clerk to Judge A. Joseph Alarid at the New Mexico Court of Appeals, analyzing and researching points of law and helping draft opinions. From 1984-1986, I was an assistant appellate public defender handling numerous criminal appeals, including capital cases. From 1986-1991, I was in private practice with Bruce E. Pasternack, PC handling plaintiff's medical malpractice cases, including some of the first cases of sexual abuse by professionals in New Mexico, and defending commercial cases. From 1991-2005 I was an associate and then partner in Eaves, Bardacke, Baugh, Kierst and Kiernan, litigating an extraordinarily wide array of plaintiffs' and defendants' civil matters. In 2005, I joined Sutin, Thayer and Browne, PA, where I am now a shareholder. My practice has been focused on civil appeals, of which I have handled approximately 100. These have included appeals involving personal injury, domestic relations, commercial contracts, business torts, the constitutionality of bond issues, Indian gaming, employment law, inverse condemnation, insurance class actions, and various regulatory issues. I have litigated and drafted approximately 10 extraordinary writs to the New Mexico Supreme Court involving mandamus and superintending control.

In the course of handling these matters, I have become one of only eight certified Appellate Law Specialists in New Mexico.

In sum, I have spent 32 years of intensive practice preparing to be an appellate judge. I have developed the skills and in-depth knowledge of the law that an appellate judge needs, and that only work and time can bring. I believe it is fair to say I have earned a reputation as an ethical, fair and hard-working lawyer. I care deeply about New Mexico, getting the law right for the people who come before the Court and all the people of the state.

I believe this preparation and depth of experience make me more qualified for this position than my opponent.

Campaign website: www.kerrykiernan.com

J. Miles Hanisee

Education: Pepperdine University School of Law, J.D. 1993, Louisiana State University, B.A. 1990

Occupation: Judge, New Mexico Court of Appeals (2011-present)

Previous Political or Public Service: Assistant United States Attorney (1996-2007)

For eleven years, I represented the United States in federal district court and in the U.S. Court of Appeals for the Tenth Circuit, in Denver. My job was to enforce federal laws, prosecute persons that violated them, and to ensure the rights of crime victims during and after the legal process. As well, I was the District of New Mexico'sU.S. Department of Justice Civil Rights coordinator, and the Circle Project liaison to the Zuni Pueblo, an initiative that provided funds to benefit tribal law enforcement, victims of domestic violence, and community facilities.

Top Three Priorities if Elected: 1. Continue to efficiently, correctly, and independently resolve the many cases that come before our court each year. As the incumbent appeals judge, I have seen first hand what is good about the process, and what needs improvement. New Mexico litigants deserve judges that are aware that parties to litigation are human beings first, often facing the hardest times and worst days of their lives. Each deserves to be treated respectfully at all stages of the legal process, to understand why they have won or lost, and to be shown a system that is fair, punctual, and from which justice results. Justice comes when our Constitution is correctly applied, New Mexico statutes are enforced, and judges follow the law. If elected, I will continue to do these things, while never forgetting the people affected by our Court's decisions.

2. Advance judicial independence. This characteristic is the hallmark of successful judicial service. Our job is to interpret, clarify, and when necessary establish legal precedent. Freedom from allegiance, preference, and individual ideology is critical to our responsibility. Across our state, I've vocally championed the effort to forever remove partisanship from judicial selection and service. In my view, judges and politics do not mix well. I've served on numerous bi-partisan commissions recommending new trial judges, and have eliminated private contributions to my campaign by opting for public financing in this election.

3. Continue my effort at judicial outreach. People need to know who their judges are, see them in communities, and have the opportunity to hear them speak on topics important not only to the legal community, but to all citizens. In the past three years, I have spoken in Las Cruces and throughout the state about our judiciary, the Court of Appeals on which I serve, and the legal process. In my view, the public should have the opportunity to understand courts and law before they arrive in them.

Why are you the most qualified candidate for this position?: Having recently begun my fourth year as the incumbent judge on the New Mexico Court of Appeals, I've participated in more than 700 appellate decisions, carefully authored over 100, and striven to fairly, honestly, and independently resolve disputes that affect children, families, victims of crime, public workers, and those whose constitutional rights have been infringed. Alongside my nine dedicated and capable colleagues, I've learned that there is no substitute for judicial experience. Prior to joining the Court of Appeals in 2011, I represented the United States and individual clients in appeals courts, and was one of few people in the nation to have served on the staffs of three federal court of appeals judges as a writer. Throughout my career, my passion has been the careful art of appellate decision-making.

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