Gail Prosser For 2nd Judicial District Court Judge

 

Gail Prosser
Gail Prosser
Gail Prosser: Judicial Philosophy

A Judge's job is to apply the law to the facts of the case and make decisions consistent with the Constitution and the written law. This must always be done fairly, impartially and with integrity. All people who come before the Court must be treated with respect.

The individual's rights must be balanced with the rights of the community. One of the first things that a Judge does in the courtroom on any given case is to decide conditions of release for the accused. In reaching that decision the Judge must look at the facts of the crime that has been charged, the background of the accused and the safety of the community. As in other decisions made in the courtroom, the individual's rights must be balanced with the rights of the community.

During the time up to and including trial, the Judge must make legal decisions, applying New Mexico Statutory law, case law and the laws of the Constitutions of New Mexico and of the United States. Again, these decisions must be made fairly and impartially based upon a firm foundation of both knowledge of the law and experience in the courtroom.

Gail Prosser For 2nd Judicial District Court JudgeI have the legal knowledge and the courtroom experience that make me the best qualified to make those decisions fairly, impartially and decisively.  With 12 years of prosecution experience and 10 years of defense experience in the District Courts I am uniquely positioned to be a judge.

The judge issues the sentence once the jury has rendered its verdict. I believe that in sentencing the rights of individuals and the rights of the community must be balanced. Each crime and each offender must be considered individually and the punishment must be just for both the individual and the people of Bernalillo County.

Two types of people find themselves in a courtroom: those who have made mistakes but are not career criminals and those who have repeatedly broken laws and violated our community's citizens.

For the former, the State District Court has some excellent programs. Drug court helps those with drug/alcohol problems break the addictions that lead to criminal behavior and allows them to return to their productive place in our community. The Judicial Supervision Program (formerly Mental Health Court) provides therapy and counseling for those with mental health issues so they can obtain housing, acquire job skills and improve their situation.

These two services provide excellent alternatives for offenders and positive options for the judge in sentencing.

"Protection of the Innocent... Effective Sentencing of the Guilty..."The latter, who have repeatedly broken laws and violated our community, must be punished with an appropriate sentence as directed by our state laws and sentencing requirements. There are also those whose crimes are so damaging and who are so dangerous that they must be incarcerated so our community is protected from them.

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