Candidate Profile
Ned Fuller

Republican , New Mexico

Biography

Panel Rating*

Originalist Information icon *

*Additional information appears below for educational purposes; however, only data received prior to the candidate deadline was considered during Panel Evaluation.

Endorsements

Reported by Candidate

1
Albuquerque Police Officer Association

Selected Contributions

Conservative

GIVEN BY CANDIDATE
3
Heather Wilson (2013), Mitt Romney (2013), State Republican Party Organizations (2010)

Summary

0%

LIBERAL

100%

CONSERVATIVE

 

Other Information

Judge Voter Guide gives Ned Fuller a rating of 8 out of 10.

Ned Fuller is a former judge of the 2nd Judicial District Court in New Mexico. Fuller was nominated to that court in 2014 by Republican Governor Susana Martinez, who was rated as the 24th most conservative governor in 2013.

Highlights from Ned Fuller's interview with Santa Fe New Mexican:
• “If I had to choose one [political hero], I would choose George Washington — he relinquished his power.”
• When asked a question about the pandemic: “As a judge I cannot pledge, promise or commit to a particular outcome. My job as a judge will be to follow the law including the Constitution and the protection of constitutional rights. While the law allows the restriction of those rights if there is a compelling state interest, it must be done with the least restrictive means.”
• Ned Fuller's top three priorities: “Preserve the Constitution (law above politics); ensure the safety of our community; reduce delays.”

The Republican Party of New Mexico published a profile of Ned Fuller. The profile says that "Fuller understands that a judge’s role is to uphold the law and not rewrite it, and most importantly, to uphold the Constitution."

Questionnaire*

*The questionnaire was received after the deadline and was not considered in the Panel Evaluations and is for additional educational purposes only.
Please note: Responses are entered electronically by the candidate and are listed verbatim.

Religious Liberty

Religious liberty is at risk in the United States and deserves the highest level of protection in the law.

Strongly Agree   

The Ten Commandments should not be displayed in public school buildings or court houses.

No Answer   

What does "separation of church and state" mean to you?

This is not a phrase that is found in the Constitution. The Constitution states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. This is the standard and as a Justice I will analyze any disputes regarding the infringement of religion by applying that language and the United States Supreme Court precedent.


Values

Judeo-Christian values established a framework of morality which is necessary for our system of limited government.

Strongly Agree   

George Washington's comment that “Religion and morality are the essential pillars of civil society” is still true today.

Strongly Agree   

Briefly describe your spiritual beliefs and values.

I believe that we are sons and daughters of God. I believe that I should love God and love my neighbor. I believe that God gave His Son, Jesus Christ to be our Savior. I believe that God saves us from spiritual and physical death. As regards public service I believe in the counsel of Jesus Christ that we should render unto Caesar the things that are Caesar's and unto God the things that are God's. Thus, I will uphold the law as written regardless of my personal beliefs.

In light of the U.S. Supreme Court decision Bostock v. Clayton County, which justice’s opinion most closely aligns with your opinion of whether the protections of the Civil Rights Act of 1964 should be extended to the LGBTQ community?

Alito and Kavanaugh

What types of pro bono work have you done?

I have helped neighbors and family members with guardianship, employment, contract and personal injury cases.


Qualifications

I voted in these primaries and general elections:

2012 Republican Primary, 2012 General Election, 2014 Republican Primary, 2014 General Election, 2016 Republican Primary, 2016 General Election, 2018 Republican Primary, 2018 General Election

When you consider your views on a wide range of issues from economic and social matters to foreign policy and immigration, which of the following best describes you overall?

Conservative   

Please provide publicly available information validating your answer to the previous question.

I do not believe that I have any relevant information.

What education or experience qualifies you to hold the office for which you seek election?

I currently serve as a deputy district attorney prosecuting criminal cases. I have been engaged in the private practice of law, served as an administrative law judge and as a district court judge, as director of the NM Workers' Compensation Administration overseeing their court system, as litigation bureau chief overseeing litigation involving the state and as a cabinet secretary overseeing the NM General Services Department. In my roles I have drafted statutes, testified as an expert before the legislature, applied the law as an advocate and as a judge and thus, seen the law from a variety of perspectives. What most qualifies me for this position however, is my philosophy that a judge should be a guardian of the Constitution and uphold the law not rewrite the law.

In what areas of law have you practiced?

Civil (contract, employment, workers' compensation, civil rights and tort litigation) and Criminal (felonies and misdemeanors).

Have you ever been convicted of a felony or been penalized for sexual misconduct? If so, please explain.

No.

Why should the voters choose you?

As mentioned elsewhere herein, I have a wide variety of experience, applying, drafting and analyzing the law. Additionally, I feel strongly that a judge's primary role is to apply not rewrite the law.

Is there anything else you would like voters to know about you?

As director of the NM Workers' Compensation Administration I oversaw a court system. While doing so I was able to reduce the delays in the system and expand access to the system through the use of technology, video conferencing and on-line scheduling. I would like to bring this approach to the NM courts and am hopeful I could make positive changes. Additionally, our pre-trial detention rules in criminal cases need to be reviewed and revised. We are trying to balance the rights of the accused with the safety of our community and having practiced as a prosecutor, there are certain changes that could help meet that balance.


Judicial Philosophy

The U.S. Constitution and my state constitution should be interpreted as living documents, rather than using a strict constructionist or originalist approach in judicial decisions.

Strongly Disagree   

There are times when American judges should alter U.S. case law in order to comply with foreign case law.

Strongly Disagree   

Which current U.S. Supreme Court justice best reflects your judicial philosophy?

Clarence Thomas

What is the proper use of legislative history in interpreting statutory law?

There is no legislative history in New Mexico and so it plays no role. As for federal law, I would focus on the law as written and associated precedents. The comments and opinions of those drafting the law would be of little value.

What possibilities should a judge exhaust before departing from precedent?

There are principles articulated in the law for veering from the principle of stare decisis and I would follow those. These principles include whether the precedent is unworkable, whether parties justifiably relied on the precedent so that reversing it would create an undue hardship, whether the principles of law have developed such as to leave the old rule no more than a remnant of an abandoned doctrine and whether the facts have changed such as to render the old rule without justification. The rule of law requires stability and I would be cautious in overturning precedent. That being said there are certainly times when the legal principles cannot stand, see for example the Dred Scott decision.

How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?

Someone once said that in the judge's discretion lie the seeds of tyranny. Thus, a judge must be careful in veering from the text of the Constitution or statute lest he or she undermine our ability to govern ourselves. The proper analysis may be not what rights are specifically mentioned but what powers are specifically granted to the government by the Constitution. In other words under Amendment IX, it is clear that rights exist which are not enumerated and under Amendment X it is clear that power not delegated to the United States by the Constitution are reserved to the States or to the people. Thus, rights are expansive and powers are limited. The Constitution protects our rights by limiting government's power. Therefore, I would first question where the government's authority derives.


Background

Education
  • Brigham Young University, Provo, UT, JD, 1993
  • Arizona State University, Tempe, AZ, BA, 1989
Work & Military
  • 11th Judicial District Attorney, Deputy District Attorney, 2019-present
  • State of NM, Cabinet Secretary GSD, 2018
  • State of NM, Litigation Bureau Chief, 2013-2018
  • State of NM, District Court Judge, 2014
Affiliations
  • The Church of Jesus Christ of Latter-day Saints, Bishop, youth leader, prison ministry
  • AVID, Mentor - High School
  • Boy Scouts, Merit Badge Counselor
  • Youth Sports Programs, Coach/Manager
  • HOA, Board Member
Offices
  • District Court Judge, Held 2014
  • Director Workers' Compensation, Held 2011-2013
  • NM Court of Appeals Judge, Sought 2010
  • NM Supreme Court Justice, Sought 2004
 

Get Reminders

From important news to voting dates and reminders, iVoterGuide equips you to make an impact and a real difference in every election.
Join Now