In a charged criminal trial where the presiding judge’s daughter was the victim, New Mexico Third Judicial District Judge James T. Martin found himself censured by the state Supreme Court. The case involved an aggravated assault with a firearm, and the trial stretched across two days, beginning on July 26, 2021.
Controversy arose from an incident following the first day of trial, during which Judge Martin took it upon himself to advise the assistant district attorney about jury instructions during a phone conversation. On this call, he suggested that the ADA not ask the jury to declare that the defendant had “pointed a firearm” at Martin’s daughter, but rather, to state the defendant had “brandished a firearm.” These details are referenced in the Supreme Court’s opinion.
The exact implications and possible rationale behind Judge Martin’s recommendation are not entirely clear, and provoke intriguing questions about the role of a judge’s personal experiences and emotional responses in court proceedings. More analysis of the judge’s participation in the trial where his daughter was the victim can be found in the original Law.com article.