By Chief Justice David K. Thomson
I am pleased to announce the New Mexico Supreme Court's fifth annual "Rule of Law" program. The goal of the program is to educate middle school, high school, and college students on the judiciary's role in our democracy and how the rule of law secures a just and civil society. This year we will hold oral argument at the Henderson Fine Arts Center at San Juan College in Farmington on August 28, at 1:00 p.m.
Normally, I write an op-ed in advance of the program to discuss the importance of understanding how our judicial system advances the rule of law and how the rule of law then advances a civil and engaged democracy.
This time, I want to focus on one particular process: oral argument. I urge all New Mexicans to witness our judicial system at work by viewing an oral argument, which allows the parties to express their views directly to the court and for the justices to ask questions. It is a bit of misnomer. If you observe an oral argument you will see it is not necessarily an argument but a conversation, and there several civic lessons to learn from it:
Patience: Patience is opposing counsel sitting quietly taking notes and giving the opposing side the opportunity to make their case without interruption or cutting them off.
• Grace: Grace in (hopefully) the court allowing the party to make their argument, and when faced with a question, an opportunity to respond.
• Civil demeanor: Despite the strong disagreement over the merits of the case, advocacy is not improved by loud voices or insults, but by question and conversation.
• Commitment to the law and facts: Both parties and the court are bound by the factual record developed by the stringent requirements of the rules of evidence and the law that is briefed and argued.
The case before the Supreme Court this year is Butterworth v. Jackson. This civil case was brought by a Colorado resident, who claims a New Mexico man had an affair with his wife and should be held liable for the loss of her affections and breakup of their marriage. The "tort of alienation of affections" is based on legal principles derived over time from judicial decisions – what is known as common law – concerning marriage and the property rights of spouses. A 1923 decision by the Supreme Court recognized alienation of affections as a wrongdoing or tort for which a person can be held liable for civil damages. New Mexico is among only a handful of states in which spouses and ex-spouses can continue to bring such lawsuits.
Our Court staff provides written materials for students and teachers to review ahead of time. The materials summarize the issues in the case and include a lesson plan
We welcome students and citizens to join us on August 28. Perhaps in these times of disagreement, we can use this as an example of working through disagreements in a civil manner that allows for reasoned and thoughtful debate. Those unable to attend the oral argument in person can watch a livestream of the proceeding. Real-time American Sign Language, Spanish and Diné translation will be provided. Additionally, members of the Court are committed to visiting as many schools as our schedule permits. If students wish to learn more about the judicial process and our role in the democratic system, you may request that a Justice meet with your class to discuss the case, either in person or virtually.
If your school is interested in attending, contact Tammy Mitchell, at
