PERSONAL
(1)
Born in Las Cruces, New Mexico. Married to Nancy Mitcham for 53 years; four children and eight grandchildren;
(2) Bilingual (English & Spanish);
(3) Presently reside in the Austin, Texas metropolitan area, with offices in that location.
WORK
EXPERIENCE
(1) February 2017 to present:
(a) I presently serve as an arbitrator, mediator, and hearing officer in the areas known as Alternative Dispute Resolution.
(b) I was appointed by Travis County Judge Elisabeth Earle (and approved by the Travis County Commissioners) to serve as Visiting Judge for the office of the Justice of the Peace, Travis County of the State of Texas, serving as such by request and selection of each of the five precinct judges to preside over cases and the court docket within Travis County when called upon to do so.
(2) August 2013 to February 2017: criminal defense, administrative law, arbitration/mediation/hearing officer. In the summer of 2014, I participated in a week-long judicial program during a 10-day stay in West Africa. Our team included a U. S. federal judge and two Canadian colleagues. Sponsored by the State Department, the program involved 38 judges, including 12 women, from the countries of Ghana, Liberia, and Nigeria.
My main focus in the presentations was judicial independence, the concept that judges should be kept separate from other branches of government and shouldn�t be subject to influence from private or special interest groups.
(3) July 2000 to August 2013: arbitration/mediation/hearing officer/judge
pro tem services.
(a) Since my retirement as a judge
on the New Mexico Court of Appeals,
I have been assigned to numerous
litigated court cases for settlement
facilitation (mediation) and arbitration.
I have been designated or assigned
to several solo and 3-panel arbitration
cases. I was also selected
by the Federal Emergency Management
Agency to arbitrate some of the
claims against the federal government
as a result of the Cerro Grande
fires in Los Alamos, New Mexico.
On various occasions, I have been either court appointed or selected by the parties to act as arbitrator/hearing officer in appeals from teacher termination cases involving local school boards and public schools throughout New Mexico. In addition,
in the past, I was under contract with the County
of Dona Ana, State of New Mexico,
to provide services as an arbitrator
in resolving employee grievances
or disputes with management. I
was also designated by the County
of Dona Ana to preside as hearing
officer at probable cause hearings
involving forfeiture of motor
vehicles operated by drivers with
a suspended or revoked driver’s
license. In December of 2007, having been appointed as a hearing officer by the Cabinet Secretary of the Environment Department, State of New Mexico, I presided at a landfill application hearing in Sunland Park, New Mexico. The hearing, which was the longest solid waste disposal hearing ever in New Mexico, required 15 full days of testimony and documentary evidence, each day consisting of 9 to 12 hours of evidence. The hearing transcript consisted of almost 6,000 pages and required my submittal of a 314-page report to the Cabinet Secretary with my proposed findings, conclusions, and recommendations. I've handled arbitration cases through Texas Rural Mediation Services in Lubbock, Texas. These cases were governed under American Arbitration Association rules and guidelines and consist mostly of crop damage insurance claims and disputes involving farmers and various insurance companies.
(b) I have been assigned as judge
pro tem and special master in various New Mexico
state court proceedings.
(4)
January 1987 to June 2000: Judge,
New Mexico Court of Appeals; Chief
Judge from December 1994 to January
1997.
(5)
August 1964 to December 1986:
Practice of law in Las Cruces
as a solo practitioner.
(a) General character of practice:
Extensive trial practice, some
appellate practice, criminal law,
contracts, torts, administrative
law and proceedings, adoptions,
business and corporate law, real
estate law, civil rights litigation
and proceedings, administrative
law, and municipal law.
(b) Description of typical clients
and nature of practice: General
counsel and town attorney for
the Town of Mesilla, an incorporated
village. General counsel for the
school board of the Gadsden Independent
School District. Appointed Special
Assistant Attorney General for
the State of New Mexico by the
Attorney General to represent
the New Mexico Highway Department
in selected condemnation (eminent
domain) cases in Dona Ana County.
Represented Citizens Bank of Las
Cruces as general counsel for
nine years. During the first ten
years of practice, concentrated
heavily on criminal defense work.
Later concentrated as a trial
attorney representing plaintiffs
and some defendants in personal
injury, products liability, and
wrongful death cases.
(6) October 1964 to October 1966:
active duty in military; Branch
of Service: United States Army
Security Agency; security clearance:
top-secret crypto; honorably discharged
with rank of Captain; served on
ready reserve status from June
1961 to October, 1964. While on
active duty, stationed at USASA
Headquarters, Southern Command,
Ft. Clayton, Canal Zone as Signal
Security Officer; duties included
inspection of crypto-facilities
throughout the Canal Zone, Puerto
Rico, and at the U. S. Embassy
in La Paz, Bolivia.
(7) Overall, having been admitted to the New Mexico bar in August of 1964 and the Texas bar in December of 2000, during a period of 56 years, I've been engaged in the practice of law or served as a mediator, arbitrator, appellate judge, trial judge as judge pro tempore in the State of New Mexico, and Visiting Judge for the five Justice of the Peace precincts in Travis County, State of Texas.
EDUCATION
(1)
Graduated with honors from New
Mexico State University in June,
1961; Bachelor of Science degree
(in mathematics)
(2)
Graduated from Georgetown University
Law Center in June 1964; Juris Doctorate (J.D.)
degree.
QUALIFICATIONS
In
holding the public offices listed
in this biographical sketch, and
my broad experience as a practicing
attorney, together with my tenure
as an appellate judge, I have
had a wide range of dealings with
people from all walks of life.
I have attempted to exercise compassion,
understanding and patience in
those endeavors. I believe my
direct involvement as an appellate
judge in writing 1,127 opinions,
specially concurring opinions
and dissents, together with participating
in 1,823 other opinions, have
laid a strong foundation for me
as a criminal defense and administrative law attorney,mediator, settlement facilitator,
special master, and arbitrator.
This diverse experience has given
me a broad perspective of human
nature that hopefully enriches
a person with temperament, wisdom,
and a common-sense approach that
will benefit the bench, the bar,
and the general public in the
settlement of disputes.
ADMISSION
TO PRACTICE
All state courts in New Mexico,
August 1964; all state courts in
Texas, December 2000; United States
Supreme Court, December 1971; United
States Court of Appeals (10th Circuit),
January 1965; United States District
Court, District of New Mexico, October
1964.
ORGANIZATION
AND COMMITTEE MEMBERSHIPS
(1)
Bar associations and professional
societies (past and present):
Member, State Bar of Texas; Texas Criminal Defense Lawyers Association (TCDLA); Austin Criminal Defense Lawyers Association (ACDLA); Williamson County Criminal Defense Lawyers Association (WCCDLA); Williamson County Bar Association; Founding President of American
Inn of Court, South-Central New
Mexico Charter No. 30250; ABA
Appellate Judges Conference; ABA
Council of Chief Judges; New Mexico
Bar Association; New Mexico Hispanic
Bar Association; Hispanic National
Bar Association; Dona Ana County
Bar Association; PEN Center USA
West; PEN New Mexico; Georgetown
Club of New Mexico; United States
Tennis Association (USTA); Las
Cruces Tennis Club; American Bar
Association; Association of Trial
Lawyers of America; New Mexico
Trial Lawyers Association; National
Legal Aid and Defender Association;
First Judicial District Bar Association;
Institute of Judicial Administration;
Judicial Fellow of the New Mexico
Bar Foundation; American Institute
of Banking; Las Cruces Board of
Realtors; National Association
of Realtors; Realtors Association
of New Mexico; Las Cruces Homebuilders
Association; National Association
of Homebuilders; International
Platform Society.
(2) Charitable or communal activities
(past and present): New Mexico
State University President's Associates;
Board of Trustees, American Southwest
Theater Company; Las Cruces Chamber
of Commerce; New Mexico GI Forum;
Director, Las Cruces Community
Arts Center Foundation; Museum
of New Mexico Foundation; Association
of Governing Boards of Universities
and Colleges; Greater Las Cruces
Industrial Development Board.
(3)
Other organizations and associations
(past and present) other than
bar associations or professional
associations or professional societies,
including civic, charitable, religious,
educational, social and fraternal
organizations: Board of Visitors, an advisory board of Southwestern University, Georgetown, Texas; Board of Directors,
Citizens Bank of Las Cruces; Board
of Directors, Amador Bancshares
(a bank-holding company);Advisory
Board, Mesilla Valley Hospital;
Governor's Coordinating Council
for Higher Education (1976-78);
New Mexico State University Board
of Regents (1976-83) (President
and Vice President); Advisor to
Registrants, Dona Ana County Selective
Service Board.
HONORS
AND RECOGNITIONS
Seth
D. Montgomery Distinguished Judicial
Service Award, awarded by the
State Bar of New Mexico, June
2001; Outstanding Judicial Service
Award, awarded by the State Bar
of New Mexico, October 2000; New
Mexico State University Hiram
Hadley Founders’ Award of
Excellence, June 2000; 1996 Outstanding
Alumnus Award, College of Arts
& Sciences, New Mexico State
University (awarded at awards
presentation on October 26, 1996);
Special Recognition Award, New
Mexico Hispanic Bar Association
(awarded at annual banquet in
May, 1996); New Mexico Hispanic
Bar Association's Certificate
of Recognition for contributions
made in public service (awarded
at NMHBA's annual banquet in 1994;
National Hispanic Bar Association's
Award and Certificate of Recognition
for contributions made to the
judiciary (awarded at HNBA's annual
convention held in Albuquerque
in 1988); Certificate of Recognition
from the Speaker of the House
of Representatives of New Mexico,
for outstanding contributions
to the State of New Mexico—circa
1988; Outstanding Alumnus of College
of Arts and Sciences, New Mexico
State University; April 1988,
during centennial year celebration;
American Southwest Theater Company
1985 award for service to the
ASTC Board of Trustees; Commendation
award by the New Mexico State
University Board of Regents in
February 1983 for service and
contributions to the university;
Service Award for Distinguished
Voluntary Leadership in the fight
against birth defects from the
National Foundation of the March
of Dimes—1969; Phi Kappa
Phi Honorary Society; Listed in
Who's Who in American Law, 1st
and later editions; Who's Who
in the West, 22nd Edition; Listed
in Who's Who Among Hispanic Americans;
Listed in Who's Who Among Fiction
Writers & Poets; Listed in
Men of Achievement, 13th Edition;
Member, Poets & Writers, Inc.;
Member, PEN Center USA West; Member,
PEN New Mexico; Member, American
Mensa Society; Member, Intertel;
Listed in Dictionary of International
Biography; Listed in Directory
of American Poets & Fiction
Writers; International Authors
and Writers Who's Who; University
Honors: Blue Key Honorary Service
Fraternity; Phi Mu Tau Honorary
(Vice President); Alpha Psi Omega
Honorary; Nu Mu Alpha Honorary.
LECTURES, PRESENTATIONS,
AND PARTICIPATIONS
Pro Se Litigants―An Ethical Dilemma?, an essay presented for a webcast presentation entitled Pro Bono/Pro Se Issues: Conflicts for Justice? and produced/broadcast by the State Bar of Texas on June 18, 2009 via the Internet; Video presentation entitled The Law and Mental Illness, as part of a video module on mental illness and the courts, produced to train law enforcement officers throughout the United States in dealing with the mentally ill (taped at New Mexico State University on February 27, 2007; Featured Speaker at NAACP-Dona
Ana County Branch’s “Race
to Vote” Banquet, NMSU,
October 26, 2000; Guest Speaker
at New Mexico Alliance for Minority
Participation’s annual student
research conference, NMSU, September
29, 2000; Guest Speaker at Martin
Luther King Annual Breakfast,
NMSU, January 4, 2000; Participant
at Law Day activities sponsored
by Dona Ana Bar Association, Las
Cruces, May, 1996; Address at
Annual Dinner, New Mexico Hispanic
Bar Association, Albuquerque,
May 4, 1996; Commencement Address
at graduation ceremonies, Dona
Ana Branch Community College,
NMSU, May 12, 1995; Address at
Transition Ceremony, Primero Los
Ninos, September 17, 1995; Participant
at Law Day activities sponsored
by Court of Appeals and Dona Ana
County Bar Association, Las Cruces,
May, 1994; Participant and Small
Group Facilitator at Just-Solutions:
A Public Forum on the Justice
System, sponsored by the ABA,
Lansdowne, Virginia, May 1-3,
1994; Welcoming Address at Environmental
Law Conference sponsored by State
Justice Institute and New Mexico
Judicial Education Center, July
29-30, 1993; Panelist and presenter
at Forum on Judicial Selection
(sponsored by the New Mexico Women's
Bar Association), at New Mexico
State Bar Convention, Ruidoso,
September 25, 1992; Panelist at
2nd Annual Appellate Practice
Institute, on appellate practice,
briefing and oral argument, August
23, 1991, Santa Fe; Panelist and
lecturer on Effective Oral Argument
at New Mexico State Bar Convention,
October 1991, Albuquerque; Lecturer
and facilitator at Hispanic Leadership
Training Program, NMSU, Las Cruces,
March 9, 1990; Lecture presentation
at Advanced Public Defender Training
Conference (sponsored by the New
Mexico Public Defender Department),
May 16-18, 1990, Las Cruces; Keynote
Speaker at naturalization ceremony,
U.S. District Court, Las Cruces,
October 13, 1989; Lecturer on
appellate practice at New Mexico
State Bar Convention, October
1988, in Ruidoso; Presenter and
lecturer at Martin Luther King
Celebration, Albuquerque Convention
Center, Albuquerque, January 15,
1987; Guest lecturer in numerous
university and high school classes
in government and social services,
and luncheon speaker at civic
clubs and local bar association
meetings.
PUBLICATIONS
Essays/Speeches:
1. Let Us Open Our Eyes
; published in the
August 28, 2006 issue of the New Mexico Bar
Bulletin, Volume 45, No. 35, and in the South Carolina Trial Lawyer Bulletin (Summer 2007 Issue).
2. On Racism—How
Prevalent Is It?; published in the
Spring 2001 issue of the New Mexico Bar
Journal, Volume 7, No. 1.
3. Is Our Brush Too Broad?; published
in the May/June issue of the New Mexico
Bar Journal, Volume 2, No. 3. Published
verbatim from an address given at the
Annual Dinner, New Mexico Hispanic Bar
Association at the Doubletree Hotel,
Albuquerque, on May 4, 1996.
4. The Law and Mental Illness; video presentation for a program produced in 2007 at New Mexico State University to train police officers nationwide in Crisis Intervention Training, under the auspices of the National Sheriffs Association.
5. Pro Se Litigants--An Ethical Dilemma?; an essay prepared for a webcast presentation entitled Pro Bono/Pro Se Issues: Conflicts for Justice? and produced/broadcast by the State Bar of Texas on June 18, 2009 via the Internet.
6. Stereotyping—Who’s Eating
Whose Crackers?; delivered at the annual
Martin Luther King Breakfast, Corbett
Center, New Mexico State University,
on January 14, 2000.
7. The Expedited Bench Decision Process;
published in the January/February issue
of the New Mexico Bar Journal, Volume
1, No. 1.
Commentaries/Articles:
1. Death Penalty, in practice, just isn't working out
; published in the July 2, 2011 issue of the Austin American-Statesman, (Copyrighted 2011)
2. Together, we can all make a difference; published in the September 24, 2011 issue of the Austin American-Statesman, (Copyrighted 2011)
3. A story, an assumption and an opportunity to learn from it; published
in the February 25, 2012 issue of the Austin American-Statesman, (Copyrighted 2012)
4. Partisan elections are not best way to choose judges; published in the January 29, 2015 issue of the Austin American-Statesman, (Copyrighted 2015)
5. Lessons on law from West Africa; published in the April 13, 2015 issue of the Austin American-Statesman, (Copyrighted 2015)
6. Thank those great teachers who shaped best part of us
; published in the
June 4, 2015 issue of the Austin American-Statesman, (Copyrighted 2015)
7. Bail bond requirements unfair to inmates, costly to taxpayers
; published in the
October 28, 2015 issue of the Austin American-Statesman, (Copyrighted 2015)
8. Addressing mental health key in helping Austin's homeless
; published in the
Frebruary 10, 2016 issue of the Austin American-Statesman, (Copyrighted 2016)
9. Are Hispanics in the U. S. a unified voting bloc?
; published in the
April 2, 2016 issue of the Austin American-Statesman, (Copyrighted 2016)
10. We've come a long way in fighting racism-but we still have far to go; published in the May 12, 2016 issue of the Austin American-Statesman. (Copyrighted 2016)
11. Jury system far from perfect, but makes justice system the best; published in the December 8, 2016 issue of the Austin American-Statesman. (Copyrighted 2016)
12. Trinity site offers visitors a reminder of the horrors of war; published in the December 28, 2016 issue of the Austin American-Statesman. (Copyrighted 2016)
13. Misconceptions, rhetoric about judiciary help make it a target; published in the May 14, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
14. No help for those spiraling under law; published in the June 18, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
15. Adversarial system flawed way of finding 'truth'; published in the August 1, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
16. As in the past, today's youth getting bum rap; published in the September 10, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
17. The beginning of the end for the United States?; published in the October 15, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
18. The public's complacency may set a new norm; published in the December 3, 2017 edition of the San Antonio Express-News (Copyrighted 2017)
19. Property taxes, bail and drunken driving fees--a triad of unfairness; published in the January 7, 2018 edition of the San Antonio Express-News (Copyrighted 2018)
20. Let those without immigration origin cast the first stone; published in a shorter version in the April 29, 2018 edition of the San Antonio Express-News (Copyrighted 2018)
21. Unjust civil forfeiture laws turn policing into a for-profit venture; published in the June 3, 2018 edition of the San Antonio Express-News (Copyrighted 2018)
22. Guardians, not warriors: How to get better cops; published in the August 5, 2018 edition of the San Antonio Express-News (Copyrighted 2018)
23. Tired of ’negative’ news? Then, why do we prefer it?; published in the September 23, 2018 edition of the San Antonio Express-News (Copyrighted 2018)
24. How can we trust our judges when they run in partisan elections?; published on October 20, 2018 in the online edition and on October 21, 2018 in the print edition of the Houston Chronicle (Copyrighted 2018)
25. Almost every state picks judges by some form of merit selection, often with retention elections. So why does Texas still run judges in partisan elections?; published on November 1, 2018 in the online edition of the Houston Chronicle (Copyrighted 2018)
26. Confused about the difference between state and federal courts? Read this; published on October 20, 2018 in the online edition of the Houston Chronicle (Copyrighted 2018)
27. Understand Texas courts to choose the best judges on the November ballot; published on October 20, 2018 in the online edition of the Houston Chronicle (Copyrighted 2018)
28. Do democracy a favor and research Texas judges before voting; published on October 24, 2018 in the online edition of the Houston Chronicle (Copyrighted 2018)
29. As a nation, we will all pay the price of anger and division; published in a slightly shorter version in the November 3, 2018 online edition and the November 4, 2018 print edition of the San Antonio Express-News and the November 5, 2018 online edition of the Houston Chronicle (Copyrighted 2018)
30. Reset the legal system? It's not going to happen; published in the January 19, 2019 online editions of the San Antonio Express-News and the Houston Chronicle and the January 20, 2019 print edition of the San Antonio Express-News (Copyrighted 2019)
31. In Texas, Mexican-Americans the 'forgotten dead'; published in the February 23, 2019 online editions of the San Antonio Express-News and the Houston Chronicle and the February 24, 2019 print edition of the San Antonio Express-News (Copyrighted 2019)
32. Sex registry a life sentence for those who pose no risk; published in the April 13, 2019 online editions of the San Antonio Express-News and the Houston Chronicle and the April 14, 2019 print edition of the San Antonio Express-News (Copyrighted 2019)
33. Despite lawyers' pro bono efforts, the justice gap remains; published iin the May 23, 2019 online edition of the San Antonio Express-News , the May 25, 2019 online edition of the ,Houston Chronicle, and the May 24, 2019 print edition of the San Antonio Express-News (Copyrighted 2019)
34. Disparities abound in sentencing in our judicial system; published in the July 6, 2019 online edition of the San Antonio Express-News , the July 7, 2019 online edition of the Houston Chronicle, and the July 7, 2019 print edition of the San Antonio Express-News (Copyrighted 2019)
35. The Story of Virgil Hawkins; published on this website on October 5, 2015 (Copyrighted 2015)
36. Essay on Faith; published on this website on October 5, 2015 (Copyrighted 2015)
37. The Elusiveness of Happiness; published on this website on October 5, 2015 (Copyrighted 2015)
38. The Decline of American Politics; published on this website on October 5, 2015 (Copyrighted 2015)
39. Reflections on Life and the World Around Us; published on this website on March 28, 2018 (Copyrighted 2018)
40. Private Prisons―The Concept Isn’t Working; published on this website on November 23, 2020 (Copyrighted 2020)
OTHER INTERESTS
(1)
Sports such as sail boating, both
water and snow skiing, tennis,
and racquetball, as well as hobbies
and other interests such as creative
writing, sculpting, calligraphy,
needlepoint, chess, coin collecting,
playing the guitar and piano,
and gardening.
(2)
Author of (i) A Rare Thing, a novel (published 2012); (ii) Pursuit, a novel
(published 2003; Finalist Award in ForeWord Magazine's 2003 Book of the Year Awards); (iii) The Waxen
Image, a novel (published 1977);
(iv) A Rare Thing, a screenplay;
(v) Bataan—The Untold Story,
a screenplay.
(Revised: 11-23-20)
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