RSS FeedGRANTS - As part of the 13th Judicial District Court staff and a member of Cibola County Bar Association, Geoff Nims, as a volunteer, coordinates Court of Appeals sessions with high schools across the state. The district includes all of Cibola, Valencia and Sandoval Counties.
 Geoff Nims discusses the students' preparation of the case held in the Port of the Pirates on Monday morning. Nims worked diligently for several months to establish an appropriate environment for the NM Court of Appeals to be held.BEACON / TESHIMA |
The three-day classroom sessions are part of an outreach program educating the public, especially high school students, on the court's purpose and procedures. Nims described the judicial appeals process and provided handouts to prepare students as audience members for yesterday's court session, which included oral arguments by attorneys.
On Thursday and Friday last week Nims spoke to the senior-level government classes of Loretta Crawford and Lori Barringer. Nims explained the process begins when a defendant is represented by legal counsel and appears before the District Court. A member of the district attorney's staff represents the prosecution. Following the court's ruling the decision may be appealed to the Court of Appeals, which is composed of a three-judge panel.
If accepted by the Court of Appeals, the case is reviewed when the defendant's attorney has filed a “brief in chief,” a written argument supporting the appeal. The state has filed a response, which is a written “answer brief.” The defendant's attorney responds with a “reply brief.” During the session, the defense attorney addresses the judges first, the state presents its case next. Each side has a 30-minute time limit. The judges ask questions of both sides during this process. Following oral arguments and questions, the judges vote. Generally there is no immediate ruling. Their decision is written as an opinion. This can affirm or reverse the District Court's decision. If a defendant wins an appeal from the Court, a new trial is scheduled before the District Court. An appeal does not mean the defendant is freed from an original jail sentence.
Depending on the Court of Appeal's ruling, the case may be reviewed by the New Mexico Supreme Court. Only select cases are reviewed. The state Supreme Court and the United States Supreme Court function much like the state Court of Appeals. A notable difference is five justices serve on the state Supreme Court and nine on the U.S. Supreme Court.
Nims ended his presentation using a real-life example of what students could expect while attending the Court's session. Demonstrating the process, he assigned two students to represent a hypothetical case predicting the winner of Sunday's Super Bowl game between the Indiana Colts and New Orleans Saints. The Colts' advocate defended his prediction based on the team's previous seasons. The Saints' supporter defended his team equally well, emphasizing the Saints as underdogs, which translates into a team dedicated to victory. A three-judge panel had additional questions for each proponent. Based on the arguments, the panel ruled in favor of the Saints' advocate.
Yesterday the Court of Appeals heard arguments on a Farmington case. The District Court ruled the defendant guilty in December, 2007. This case was brought before the Court of Appeals because it represented issues relating to the U. S. Constitution and the Fourth Amendment of the Bill of Rights. This amendment defines citizens' protection against unreasonable searches and seizures. This court case attracted the students' interest because the defendant was a minor at the time of the alleged crime. The Court of Appeals agreed to hear the case because of a possible lack of “probable cause” for detaining the suspect, a minor arrested for having a firearm and marijuana.
Horrors of ‘meth’ related to students
GRANTS - Students gave speakers their undivided attention last week when Bennie Naranjo and Geoff Nims visited the same classrooms. The senior-level government classes of Loretta Crawford and Lori Barringer attended presentations by Nims, staff attorney with the 13th Judicial District Court, in preparation for the Feb. 8 Court of Appeals session at Grants High School. Naranjo's program focused on abuse of the drug methamphetamine, commonly known as “meth.” The two speakers addressed classes on alternate days.
Naranjo is a retired assistant district attorney with experience in Los Lunas and Grants. As a volunteer he talks to students, civic groups and community organizations. Nims and Naranjo often share the same schedule for school presentations.
Referring to meth abuse Naranjo said, “This is the most evil drug to ever hit the streets of North America. Here in New Mexico every community suffers from this epidemic.” Students learned meth abuse is so widespread it has been declared a pandemic by the World Health Organization.
The speaker explained he became aware of this epidemic during his years in Los Lunas. Over time he realized a number of cases prosecuted by the district attorney's office shared a common factor. Many defendants had no prior criminal records until they became addicted to meth. Nranjo stated it is such a highly addictive substance a single use can result in addiction. Researching drug abuse, he learned New Mexico has no meth addiction treatment facilities. Currently there is no known cure.
Several states have segregated prison populations so offenders addicted to meth are in a separate facility from other criminals. He remarked a meth treatment center at Los Lunas is under construction
Naranjo became aware addicts ages range from as young as 13 years and to 65 years or older. According to the presenter the drug is no respecter of gender or age. He remarked, “People of all ages, from all backgrounds, are dying from meth.”
Years with the district attorney's office provided numerous opportunities to observe the results of addiction. Naranjo cited several incidences where meth destroyed individual lives. He described the various ways addiction effects family, employment and friends. According to the presenter, “These were good people who became drug addicts because of meth.”
His format included handouts, a video interview of a meth addict and talk with students about daily choices. The knowledge gained as an attorney has made Naranjo passionate about the future of New Mexico's young people and drug abuse prevention.
He told each group, “The future you have is yours. Just like you have your own body and your own mind, you each have your own future. Don't let anyone take your future.” He acknowledged young people are under a great deal of peer pressure. He warned them not to be lured into trying meth “to prove you are not chicken.” His presentation ended with a reminder each is a role model for peers and those younger in age. He said, “You are not alone. People care about you -family, friends, teachers and others all care about you.”
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