Thomas C Montoya
Republican | New Mexico
Candidate Profile*
BIOGRAPHY
Name
Thomas C Montoya
Party
Republican
Election Year
2022
Election
General
Race
Supreme Court, Position 1
Incumbent
No
Links
EDUCATION
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WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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Race
ENDORSEMENTS*
*These endorsements were received after the deadline and were not considered in the Panel Evaluations and are for additional educational purposes only.
CONSERVATIVE (1)
*Coalition of Conservatives in Action
OTHER INFORMATION
Thomas Montoya has practiced family law for over 28 years. Montoya has written numerous articles on family law and been featured in publications by groups such as The American Journal of Family Law, the American Bar Association, the New Mexico Law Review, and the State Bar of New Mexico. He previously served on the board of the New Mexico Crime Victims Reparation Commission and as the co-chair of the state Child Support Guidelines Committee. He also formerly chaired the State Bar of New Mexico's Family Law Section and Legislation Committee.
Montoya was selected three times as qualified to be District Court judge by the 2nd Judicial District Judicial Selection Nominating Committee.
Montoya was featured in a comedic campaign ad when he ran for the New Mexico Court of Appeals in 2020. The ad said, "Tom's part of a team of judicial candidates putting the law before politics."
In an interview with the Lea County Republican Federated Women in 2020, Montoya explained the role of the New Mexico Court of Appeals. He said that the Court of Appeals does not make findings of fact; it only corrects errors of law.
In a 2020 article by the Santa Fe New Mexican, Montoya said:
- Regarding whether he believed that the court as a whole dealt effectively with racial and gender bias, Montoya said, "In over 38 years of trial practice, I have had over a thousand hearings, which include trials, before our courts. In all that time, I have never witnessed anything related to racial bias in the state’s justice system. If so, I would have reported such discrimination. New Mexico has a great advantage over other states because of its historical blending of many cultures, which incorporates them, rather than distinguishing and separating our differences."
- His practice provided him with "intimate, hands on, knowledge of the rules of procedure and evidence governing our Courts" and that he had a "unique, objective perspective" due his advocacy on either side of different issues.
QUESTIONNAIRE
VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
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Briefly describe your spiritual beliefs and values.
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What types of pro bono work have you done?
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ABOUT YOU
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
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What education or experience qualifies you to hold the office for which you seek election?
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Why should the voters choose you?
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I voted in these primaries and general elections:
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JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
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What is the proper use of legislative history in interpreting statutory law?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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How should a court address the balance between public health and individual freedoms in the time of a pandemic?
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In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
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What role (if any) does a judge have in maintaining the separation of church and state?
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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
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When should a judge overturn past court decisions?
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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
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What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
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