LAS CRUCES – Southern New Mexico got a new federal judge Tuesday with Senate approval for Margaret Strickland, a professional attorney and criminal defense attorney.
Strickland’s confirmation fills a position left by U.S. District Judge Robert C. Brack, who assumed senior status in July 2018. The judge’s office has been vacant for 1,154 days. Because of the many immigration cases heard in the Las Cruces courthouse, Brack – appointed by President George W. Bush in 2003 – was once called “America’s Busiest Judge,” largely because of his responsibility to convict re-entry cases he didn’t like. He has been featured in The Guardian, the Los Angeles Times, and was named Las Cruces Sun-News Distinguished Resident of the Year in 2015.
‘Crucially important’ to fill this space
“It’s critical because you have another emergency room (in New Mexico),” said Carl Tobias, Williams Chair in Law at the University of Richmond School of Law. “Emergencies mean that the files, or the time the emergencies lasted, are huge. So it will really help the other active judges there. “
Tobias has been teaching at the University of Richmond since 2003. Prior to that, he was a founding faculty at the University of Nevada at Las Vegas and also worked at the University of Montana.
The Albuquerque seat, which Judith Herrera vacated on July 1, 2019 to switch to senior status, has been vacant for 814 days, Tobias said on Wednesday. No candidate for her seat was announced, although Tobias said he assumed there was a recommendation from the senators sitting in the White House.
“It’s great to have another active judge because Brack can still help with senior status,” said Tobias. “But you will have a whole new, younger judge who will add to the state’s legal resources.”
Strickland is 41 years old according to Wikipedia. Strickland has been a partner at McGraw & Strickland, LLC since 2011. in Las Cruces. She has represented clients in both civil and criminal matters in state and federal courts in New Mexico. She has represented clients in more than 70 criminal court cases and has argued before the New Mexico Supreme Court and the New Mexico Court of Appeals. From 2017 to 2019 she was President of the New Mexico Criminal Defense Lawyers Association.
Strickland began her career with the New Mexico state law firms from 2006 to 2011. She attended New Mexico State University before receiving her BA from the University of Texas at El Paso in 2003 and her PhD from New York University. Faculty of Law in 2006
Questions about Margaret Stickland’s views on qualified immunity
“I think Republicans have asked her many times about her views on qualified immunity because she was a federal defender,” said Tobias. “It’s a topic that is very much in the foreground all over the country these days.”
Qualified immunity is designed to protect officials accused of violating an inmate’s rights. Law enforcement officials are entitled to qualified immunity if their actions when arrested do not violate a clearly defined legal or constitutional right.
“They assumed that she wanted to abolish qualified immunity – they accused her of that, and she denied having done this,” said Tobias. “She said, ‘No, Senator. Qualified immunity is the law of the country and I would apply it. I believe in qualified immunity; it is the law of the land. ‘ She held up pretty well on this question, although she was pressed pretty hard on her. “
Tobias said there are maybe five times as many former federal prosecutors in the bank as former federal defenders – or maybe even more. He said the diversity among prosecutors and defense lawyers was good for the bank.
Related:Biden nominates Las Cruces attorney Margaret Strickland as a judge in the U.S. District Court
This follows President Donald Trump’s appointment of 226 federal judges – including three Supreme Court justices – during his four-year tenure. By comparison, President Barack Obama appointed 320 during his eight-year term.
New Mexico has a long history, much like other southwestern states, of facing federal records amid a crush of immigration cases.
“One thing that would help would be to have more judicial posts, and there are bills out there that require it. In the short term, however, I think it is important to only fill the existing positions. Once you have a full cast of judges – and the seniors – New Mexico should be in better shape than it was before. I think the senators are obliged to do so, and so is the White House.
Tobias said the lack of judicial office put pressure on everyone else – bailiffs, court staff, civil servants and other court clerks.
Legislature endorses Margaret Strickland’s confirmation
Before the full Senate vote, Senator Martin Heinrich, DN.M., delivered a speech in support of Strickland in the Senate.
“In Margaret Strickland, President Biden has nominated someone with the right experience, temperament and the right attitude as a fair judge at the district court,” said Heinrich. “I am confident that with her experience in southern New Mexico and the Southwest Border Region, along with her incredible work ethic, she will immediately start working on a large backload of cases.”
US Senator Ben Ray Luján, DN.M., also praised Strickland’s appointment after the vote.
“With strong connections to the New Mexico legal community and a verified ID card, I am confident that Ms. Strickland will continue to do justice to all New Mexico residents in the district court. As a former public defender, she brings the much-needed professional diversity to our federal courts, ”said Luján. “It was an honor to confirm Ms. Strickland and I congratulate her and her family on this achievement.”
“Happy that the place is occupied”
“We are happy that the place is finally occupied,” Brack told the Sun News. “Margaret will do a great job. The president has to sign her commission, then she can be sworn in by any judge at any time. And I hope it will take off immediately. “
Brack, who has seen Strickland “hundreds of times” in his courtroom, said he had enormous confidence in the woman who will soon take his place.
“We are happy that the place is occupied and I’m still there to help with documents if necessary,” said Brack.
When asked what skills are needed for the job, Brack said his top 3 were judgment, patience, and discretion.
“And you will need a generous pinch of wisdom, and experience will make you wiser every day,” he said.
Brack said he knew Strickland as a seasoned trial attorney.
“She is very smart and an accomplished litigation attorney,” Brack told Sun News. “And the President thought it appropriate to nominate them. She was approved by the Senate, so she’s next. “
Brack has little cause for concern over the Senate’s complaints about qualified immunity.
“A district judge doesn’t often make laws,” he said. “We are bound by precedents and the decisions of our districts and the Supreme Court. And qualified immunity is the law of the land until someone says otherwise. It is not for a district judge to be that person. “
After Brack’s entry into senior status, Kenneth Gonzales became the senior district judge in southern New Mexico. Strickland will now serve as the junior district judge in the region.
Damien Willis is a senior reporter for Las Cruces Sun-News. He can be reached at 575-541-5443, [email protected] or @DamienWillis on Twitter.
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