Judge sarah singleton qc

”the defense motion for a new trial filed this week maintains legate committed his own “ethical breach” that was “at least as grave” as singleton’s, “if not more so for having initiated the improper sequence of communication.“the important part of this story is what actually transpired,” he said.”singleton offered then to recuse herself from the suit, which was over a crash that killed a mother and daughter, and injured her infant son on interstate 10 near las cruces. if that’s all she’d done, singleton said, “i would have more hesitancy” about recusal.

Sarah m singleton judge

did step down a week after her email disclosure of the phone call, following a court hearing. "n/a" indicates that the category is "not applicable" because some populations were not asked certain questions. percentage that recommend the judge be retained or not be retained in office. in the crash, along with the big rig driver, were marialy morga, 22, and her four-year-old daughter ylairam, of el paso.

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“the jury awarded no punitive damages, but its total compensatory award came close – on the high side – to the suggested punitive figure, indicating the jury was not only inflamed but also confused about the proper measure of a compensatory as opposed to punitive award,” the motion argues. readinga defense lawyer in seeking a new trial said the call reflected a “coziness” and said the judge went from umpire to “batting coach. the defense wanted singleton to step down after her telephone conversation with plaintiffs’ lawyer sam legate, the defense motion argues that, with her gone, a new trial is the appropriate remedy.”“ex parte” communications are those with a judge where not all parties to litigation are present.

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i told him that i could not discuss that without the other side being present.”the resulting conversation the following morning apparently referred to the fact that, despite the high amount of the 5 million award, the jury in the fedex case did not designate any portion of it as punitive damages – the legal term for monetary damages intended to punish defendants beyond mere compensation for the plaintiffs’ losses. that agree or disagree that the judge exhibits positive qualities in each category *. “responded very promptly, appropriately, immediately by notifying all counsel,” he added.

Judge's phone chat with lawyer leads to her recusal in 5M case

”the “harmless error” doctrine comes into play when one side or the other argues on appeal that a trial court decision is in error. singleton’s recusal – the case is now assigned to district judge francis mathew, also of santa fe – the defense motion cites case law saying a trial judge “is in a unique position to perform the critical first check on the jury’s judgment. the contract driver in this case was on medication for sleeping problems related to her nighttime schedule and also had emotion problems, scherr said. notwithstanding this, court staff overwhelmingly indicate judge singleton should be retained.

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her post-trial replacement as judge “is in no position to determine” a proper amount of monetary damages to replace the jury’s “monstrous judgment,” the defense maintains.”a journal request left with a singleton staffer this week, asking if the judge had anything more to say about the recusal or if she had self-reported the ex parte communication to the state judicial standards commission, did not result in any comment. readingattorneys for the fedex defendants are raising singleton’s departure from the case in seeking a new trial, as opposed to merely asking a replacement judge to find that the award amount is excessive and should be reduced..copyright © 2015 albuquerque journalsanta fe – a saturday morning telephone conversation between a plaintiff’s lawyer and state district judge sarah singleton has resulted in her stepping down from presiding over a lawsuit that resulted in new mexico’s largest ever jury award and is part of a defense request for a new trial.

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“and that was – and i’m sorry, but that was just wrong. although her scores among court staff were mostly positive, they rated her somewhat lower on respecting court employees regardless of position. ‡‡ on the charts above, the "retain" columns are comprised of the strongly recommend retain and somewhat recommend retain responses. the email she sent out after the phone call, singleton said legate told her “that what happened with the jury was that some of them wanted to award punitive damages but not ten of them, so the foreperson decided to answer no to the question about punitive damages.

2016 | New Mexico Judicial Standards Commission

‘what actually transpired’scherr, a nationally known trial attorney, said in an interview this week that the way singleton handled the phone call issue “was open and above board,” and that she “didn’t want anything to taint such a trial that she had worked so hard on, for all the parties, to be fair.”“and at that point i couldn’t hear any more of the message, and so – that’s the extent of my understanding of what the message was,” singleton said. “the phone call should not have been made by our side,” cervantes said at the hearing. “brutal candor against self-interest” in disclosing the phone conversation couldn’t repair the damage done to her appearance of impartiality, argued purcell, of albuquerque.

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she said she realized after she hung up that it was “an ex parte communication which i should not have had. the combined percentage of "agree", "disagree", and "partly agree/partly disagree" for each category may not equal 100% due to rounding error. singleton had given all the lawyers in the case her cell phone number.”singleton said at the hearing that she got a voice mail message from legate the night of friday, jan.

”on providing the names of two appellate lawyers, she said from the bench, “i am not sure that it was a recommendation as much as it was information.* on the tables above, the "agree" columns are comprised of the strongly agree and agree responses. a recordthe court hearing on the phone call and its aftermath was actually requested not by the defense but by an attorney for part of the crash victims’ family, sen.”the motion says that legate’s el paso partner, james scherr, in closing arguments asked the jury with cervantes’ concurrence to award 0 million in punitive damages.

she received the justice mary walters award and equal access to justice award. New Mexico Judicial Performance Evaluation Commission (JPEC) evaluates the performance of sitting judges and justices who are seeking retention.” she said she gave legate the names of the only two santa fe appellate lawyers she could think of. said in the email that the chat with legate “happened quickly and, as soon as i hung up, i realized i should not have had the conversation at all,” and she asked if the defendants, which included contract truckers, as well as fedex, wanted her to recuse herself.

Sarah m singleton judge

similarly, the "do not retain" columns are comprised of the strongly recommend not retain and somewhat recommend not retain responses. lawyers for the crash victims took responsibility for the phone call, they said singleton acted appropriately after it took place and emphasized that it came after the jury verdictthe judge’s recusal, however, has had ramifications in the aftermath of the monetary award.”“a judge who was not present for the trial of the case cannot decide meaningfully on a remittitur (reduced) amount based only on the ‘cold record,'” the motion for a new trial maintains.” singleton wrote in the email that she gave him two names and then she told legate “he might want to research harmless error and asked if plaintiffs meant to raise this as an issue.

”she added that “it really wasn’t done out of coziness with the plaintiff, as it was done to be – to try to be helpful on – to making the ultimate determination be the best it that it can be.”later in the hearing, he said his side “rejects the notion” that there was any implied “coziness. said singleton had stepped out of her “assigned role of calling balls and strikes, and became a batting coach. added: “and i really, somebody had earlier mentioned they wanted recommendations on places to eat.

singletondistrict court judge1st judicial district --los alamos, rio arriba, and santa fe counties recommendation: retain election results: retainedevaluation: judge sarah singleton received very high scores in all areas from attorneys, and she received positive scores from resource staff (e. instead, the conversation with a plaintiffs’ lawyer from el paso got into the wrongful death case that had ended the day before with a 5 million judgment against the fedex shipping company and others. similarly, the "disagree" columns are comprised of the strongly disagree and disagree responses. lawyer for the fedex defendants criticized the judge during the jan.
”singleton’s email continued: “he (legate) asked if i thought that would jeopardize the entire verdict. the commission investigates complaints or alleged improper actions by judges and won’t disclose pending investigations.” he said the real focus should be on the tragedy of the family torn apart by the fatal crash and on fedex, which he said has none of its own trucks or drivers, contracts the work to others and has no safety program for late-night driving or fatigue. the hearing, she said, “nonetheless, it is important that – not only that there be fairness, but that there be the appearance of fairness.