For the Nov. 7 New Mexico general election, SFR will call up candidates to test their knowledge. The rules for Pop Quiz are as follows: No research allowed and if they call back later with the right answer, too bad. To see who answered correctly (or came closest), check out our answer key below.
Questions:
1. Barring a trial waiver by the defendant, in what circumstances is a jury trial required in a criminal case tried in magistrate court?
2. What is the maximum dollar amount related to a civil action that can be heard in mag. court?
3. If a defendant is arrested without a warrant and the defendant remains in jail, how much time can transpire before a magistrate must make a probable cause determination?
4. What is the difference between "libel" and "slander" in a civil action, and does the magistrate court have jurisdiction over civil actions involving libel or slander?
5. Which of the following movies, in your opinion, has the best courtroom drama:
A Few Good Men
,
Primal Fear
or
My Cousin Vinny
?
6. What qualifications or characteristics do you possess that make you the best candidate for Santa Fe County magistrate judge?
Answers:
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Margaret Garduño (Republican), 52, is the Data and Performance Coordinator for the Northern Area Local Workforce Development Board and secretary of the Santa Fe Community College Governing Board.
1. I don't know.
2. I believe it's $5,000.
3. I would think that we wouldn't detain anybody for longer than 24 hours.
4. I'm not familiar with anything related to libel and slander being heard in magistrate court.
5.
A Few Good Men
is one of my favorite movies, so I'll go with that.
6. I am committed to whatever task is at hand. I am fair and compassionate. I can be very neutral in terms of the emotional aspect of things, and I am able to look at the law and see what the benefits of a decision are to the community at large. Elected officials often see their position as a job, but I don't see this as a job. I believe an elected official is a public trust and their job should be utilized to serve the community in a variety of ways in addition to conducting the requirements of the position.
***image2***
David Segura (Democrat), 47, is a retired captain with the Santa Fe Police Department, is currently serving the remainder of Bill Dimas' term as Santa Fe magistrate judge as a gubernatorial appointee and won the Democratic primary for this race.
1. A DWI offense requires a mandatory jury trial unless the defendant waives that. No others come to mind, but I'd have to check on that.
2. The base dollar amount is $10,000, but that doesn't include any additional fees.
3. It's usually 24 hours.
4. We do not have jurisdiction over libel and slander. The difference is libel is done with a malicious intent to defame someone. Slander is very similar…but I'm not sure how I'd describe that.
5. I like
A Few Good Men
.
6. I think the combination of having dealt with the courts for over 20 years in my law enforcement career coupled with the common sense and life experience that I bring to the court gives me a background that allows me to see all aspects of a situation and still be able to make a fair ruling based on the facts. That coupled with the fact that I've now been sitting in the court and hearing cases for the past four weeks or so gives me a valuable understanding of the court and therefore valuable experience that you can't garner anywhere else.
SFR Key
1. Barring a trial waiver by the defendant, a jury trial is required in a criminal case when a defendant is charged with an offense or offenses where the potential period of imprisonment exceeds six months.
2. The maximum dollar amount of a civil action in magistrate court is $10,000, not including court-related fees.
3. A magistrate must make a probable cause determination within 48 hours of a defendant's arrest if the defendant was arrested without a warrant and remains in jail.
4.
Libel
is published words or pictures that falsely defame a person.
Slander
is false and defamatory spoken words. The magistrate court does not have jurisdiction over libel or slander cases.
