Primary 2022: Magistrate Divisions I, II & III

Magistrate Division I

Democrat

Michael Melendez

Age: 63

Occupation: Design, Build – Solar Electric Products.

Education: BA Economics – NM State University

Previous elected political offices: N/A

Have I ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? N/A

1. What in my experience, education, etc., makes me qualified to adjudicate criminal and civil cases?

“Anyone appearing before the courts are innocent until proven guilty, beyond any and all doubt. This being in accordance with the U.S. Constitutional Bill of Rights (sic). My 13 years work in criminal justice and in business law qualify me with the basic skills required to adjudicate criminal and civil cases.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“The magistrate’s role is to provide due process for the purpose of protecting the constitutional rights of a person charged with a violent crime and safety of all involved. The magistrate’s role uses a provision in order to uphold the constitutional value and the rule of law.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“New Mexico sentencing guidelines provide the criteria to consider while determining a sentence for a criminal case. Additional criteria include criminal history and the circumstances surrounding the crime.”

Republican

Miles Tafoya (I)

Age: 35

Occupation: Magistrate Judge Division 1

Education: Bachelor’s degree in business administration

Previous elected political offices: Magistrate Judge Division 1

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “Yes. I was convicted of a DWI in 2005. This led me in a positive direction, the Army. I am proof the court system works.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“I have served as magistrate judge since January 2021, holding civil and criminal court five days a week plus duties after hours. I listen to all parties and judge equitably and fairly. Before that, I served in a combat position of leadership in the U.S. Army. Valencia County is my home.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“I consider the danger to any victims, danger to the community, danger to self and flight risk. I take into account their community ties, working status, previous history of crime and any history of failure to appear. Protecting the community without violating someone’s constitutional rights is the ultimate goal.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“First, I consider the victim(s) and the community; next any prior convictions and circumstances surrounding the individual’s crime. Then, does the punishment fit the crime and will the sentence realistically rehabilitate the offender to hopefully benefit the community. Community service coupled with mandatory counseling are examples of a positive outcome.”

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Magistrate Division II

Democrat

Dell  P. Washington

Age: 75

Occupation: Writer, retired systems engineer (Bell Labs), teacher (UNM-Valencia and University of New Haven), product manager (AT&T) and actor

Education: Stanford BA Honors Social Thought and Institutions; attended Yale Law School

Previous elected political offices: None

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “No.”

1 What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“Winning criminal and civil mock trials with local community juries. Preparing winning civil cases as a member of the Yale Law clinic.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“While I will know more after magistrate school if I win, my understanding now is the magistrate weights the evidence to determine how much of a risk to society the accused is and based on the evidence determines how much supervision is required from detention to self supervision.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“The evidence and the law.”

Republican

John Chavez (I)

Age: 55

Occupation: Magistrate judge

Education: Master’s degree in human resource development, master’s degree in strategic science

Previous elected political offices: Incumbent magistrate judge

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “No.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“I have adjudicated over 31,000 criminal cases and over 2,300 civil cases. I am a Supreme Court appointed member of the Judicial Education and Training Advisory Committee and have previously served as a training mentor for newly appointed and/or elected magistrate judges.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“By Supreme Court rule, a magistrate sets release conditions for persons newly arrested at their first appearance before the judge. On violent felonies, a magistrate may delay setting release conditions for 24-hours to allow the DA the opportunity to file a preventive detention motion with district court.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“A just sentence requires the balancing of restitution, deterrence, rehabilitation and punishment. To that end, the criteria I follow in crafting a sentence are: 1) Mandatory sentencing guidelines. 2) Restitution to the community and/or victim. 3) Rehabilitative options, if any. 4) Past criminal convictions.”

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Magistrate Division III

Democrat

Sabrina L. Rael

Age: 31

Occupation: Classification officer and youth softball official (umpire)

Education: AA Criminal Justice, Dual BA in criminology and psychology, and MS in leadership

Previous elected political offices: None

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “No.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“I am educated and have several degrees. I have worked in detentions/corrections my entire career to include being a release auditor and I have been trained as an administrative law judge. Being impartial and ensuring due process is a cornerstone of my skills. I also have effective communication and efficiency.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“There are several factors that must be considered including seriousness of the crime, weight of evidence, history of the defendant, and previous/current finding of dangerousness to others and the community. I was a release auditor and had to ensure all policies and laws were followed to release an offender from prison.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“Criminal cases will be sentenced in accordance with state statue. All factors must be considered and if the defendant is amendable with treatment. All information regarding the crime(severity), criminal history of the defendant, and recommendations by authorized personnel will be considered.”

Republicans

Ragon P. Espinoza

Age: 38

Occupation: Investigator for Children, Youth and Families Department

Education: Bachelor’s degree in criminology and a minor in music

Previous elected political offices: Appointed member of the Los Lunas Board of Education

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “No.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“After receiving my criminology degree, I have worked the last 14 years in Valencia County as an adult probation/parole officer, Drug Court coordinator, director in mental health and as an investigator for CYFD. I am quite familiar with courtroom procedure and understand the proper avenues for the best outcomes.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“A magistrate should consider the underlying charges, the criminal history of the defendant, any potential that the defendant is a flight risk (history of failing to appear or lack of local residency) or is a danger to the community. Public safety must always be a main concern.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“Consideration of the facts of the case, gravity of the offense, criminal history and previous adjustment to probation is important. It is also important to identify any underlying substance abuse or mental health issues that can be mitigated through the courts. Public safety is paramount, but rehabilitation is also priority.”

 

Marisha E. Maez

Age: 32

Occupation: Adult DWI Drug Court coordinator

Education: 2007 Los Lunas High School graduate

Previous elected political offices: None

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “I have not.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“3.5 years as a corrections officer at the Valencia County Detention Center. Four years as an Adult Probation and Parole officer. One year as the coordinator for the Valencia County Magistrate Adult DWI Drug Court. I have spent numerous hours in a court room setting for all types of cases.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“To determine the least restrictive means for the individual as well as securing the safety of the community, law enforcement and any possible victim(s) involved with the case.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“I would consider the severity of the crime that has been committed, all the evidence that has been presented by both parties, the individual’s criminal history, the safety of the community and what is in the best interest of justice.”

 

Deseri Ann Sichler

Age: 49

Occupation: Valencia County Treasurer/owner – Real Estate Masters

Education: LLHS graduate, studied at UNM-VC, over 300 hours real estate license and continuing education.

Previous elected political offices: Valencia County Treasurer

Have you ever been arrested or convicted of a DWI or a felony in New Mexico or in another state? “No.”

1. What in your experience, education, etc., makes you qualified to adjudicate criminal and civil cases?

“I have 22 years’ experience presenting landlord/tenant cases in magistrate court as a property manager. Being self-employed, a business owner and elected official has given me 22 years of experience in making decisions that affect the welfare of others where positive results are paramount to the individuals involved.”

2. What is a magistrate’s role in determining conditions of release for someone charged with a violent crime?

“A magistrate judge’s role in determining conditions of release is to determine the suspects threat to society, themselves or property. The threat level of the suspect, based on the charged crime and the suspects criminal history determine the level of conditions placed on release, or if release will be offered.”

3. In criminal cases, what criteria would you consider while determining a sentence?

“In criminal cases I will first consider the severity of the crime, the individual’s criminal history and likelihood of a repeat offense. Based on those criteria I will decide within the law the extent and severity of the sentence.”