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Clyde DeMersseman (i), Republican

Clyde DeMersseman

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Candidate for Division 17 Metro Court Judge

Name: Clyde DeMersseman (i), Republican

Age: 39

Campaign Web site address: None

Occupation: Metropolitan court judge

Family: Married in 1997 to Rebecca Branch; we have 3-year-old twins, Branch and Victoria DeMersseman.

Education: Juris Doctor, University of Denver, 1994, top 10 percent of class; bachelor of arts, University of Colorado, 1989

Please list the experience you think would make you a good Metro Court judge.

Over the last year, I have gained invaluable experience serving as a Metropolitan Court judge in the civil division. Prior to being appointed as a judge, I had extensive legal experience serving as an assistant district attorney and practicing civil law in the private practice for seven years. Additionally, I have made presentations to, or for, various groups including the New Mexico Judicial College, the state Bar of New Mexico, the Albuquerque Police Academy, and the UNM Clinical Law Program. These experiences have impressed upon me the importance of patience in a judicial system that serves New Mexicans, who frequently are not represented by counsel.

Have you ever been arrested or charged with a felony or misdemeanor? No.

What's the best meal you can cook from scratch?

Deep dish green chile and sausage lasagna.

Last book you read:

"The Path Between the Seas," David McCullough.

What was your biggest mistake in life and what lesson did you learn?

Although I attended public schools through college, I decided to put myself through a private law school. While the education and experiences I received were first rate, I have come to realize that they were not worth five times what I could have paid to graduate from a public law school. However, incurring these sizeable debts while working through law school made me appreciate and take full advantage of the opportunities the loans gave me. More importantly, I cannot say taking on these loans was all bad, because at law school I met a wonderful native New Mexican who ultimately became my wife.

What distinguishes you from your opponent?

I became a judge only after being recommended for appointment by a bipartisan Judicial Selection Commission, which considered several factors from candidates' legal careers, including: impartiality, integrity, professional skills and judicial temperament. My opponent was not recommended by this committee.

Also, this position is in the Civil Division. In contrast to my opponent, I have extensive civil experience in private practice and I am very familiar with the civil litigation process and all types of civil cases.

I also have extensive criminal law experience from my time in the Bernalillo County District Attorney's Office, which included running the Metropolitan Court Division for that office.

This balanced background allows me to assist the court by being the only judge carrying a full civil docket who also is regularly assigned criminal matters.

What is the biggest problem facing the judicial system and what would you do to help solve it?

The biggest threat to the judicial system is a growing public perception that the system does not work. There are many stories written about cases that were dismissed or a ruling that was controversial.

Often, these stories stem from complicated legal issues that do not present themselves well in "sound bite" form.

The best way to combat this perception is to give the public the full story. This is why I am a member of the Metropolitan Court speaker's bureau and regularly host tour groups.

However, the perception also arises because the system is not perfect, and the court cannot be afraid to examine its procedures to see how they can be improved. It is with this aim that I am a member of the New Mexico Supreme Court's Metropolitan Court Rules Committee.

The District 17 Metro Court judge handles civil cases up to $10,000 in value. There have been failed efforts recently in the Legislature to increase that amount. Where do you stand on the issue of limiting the court's monetary limit and why?

The monetary limit should be raised to $ 25,000. This would allow litigants to choose between filing their cases in District Court with its mandatory mediation provisions or filing in Metropolitan Court and proceeding to trial. Currently, the average time until trial in the Civil Division is three months after the case is answered, so adding these additional cases would still result in having a trial date sooner than in District Court.

However, the number of additional cases filed under an increased limit would need to be tracked and matched with additional court resources if the numbers are overwhelming.

Metro Court is often referred to as a "people's court" for civil cases. Do you think the system is intimidating to the general public and, if so, how would you make it more user-friendly?

The judicial process is intimidating for many individuals, including some lawyers. The judge's role in the "people's court" is to ensure that everyone gets their day in court to tell their side of the story. This role is made more difficult in Metropolitan Court because most litigants are not represented by lawyers.

When forced to represent oneself in this strange setting, it is not surprising that the court and its procedures such as the rules of procedure and evidence seem foreign and intimidating. However, by law, judges of the Metropolitan Court are required to apply these rules to ensure that all litigants get a fair trial.

As a judge, I attempt to ease the litigant's anxiety by holding detailed pre-trial conference early in the case.

This often requires that I walk a fine line between advising parties of the rules of the court while remaining fair and impartial so as to not act as the attorney for one side or the other.

At these pre-trials, I explain the rules that must be followed in court, hand out user-friendly versions of these rules, and let the parties know that if they need my intervention in the case at any time all they need to do is file something in writing.

I also make the parties aware the assistance that exists, such as the court's pro-se law office and pre-printed materials.