Candidate Q&A: Ninth Judicial District Court judge

Shaun Burns

Q: Why do you think you are the best candidate for judge?

A: Personally representing clients, as a lawyer, in past trials, is the best experience for a judge to handle current trials.

Lawyers are trained to be as aggressive as possible, within bounds, in representing their clients.

A judge with more actual, personal trial experience can better decide when lawyers are exaggerating, and when witnesses are not telling the truth.

The average legal experience of lawyers in District Court is close to 25 years.

I have 41 years of personal experience as a trial lawyer representing clients.

Q: Why are you running as a Republican?

A: I will treat everyone equally, regardless of their political beliefs, or their economic situations.

I believe, as President Reagan believed, that more government is not the answer to the problems of honest people. Instead, more government is the problem.

Republicans support our First Amendment right to free speech. Republicans also support our Second Amendment right to carry guns, and all other rights in the Bill of Rights.

Republicans support capitalism and less dependence on social spending by all government organizations, whether federal, state, or local.

For all those reasons, I am proud to run as a Republican.

Q: Do you think judicial elections should be partisan?

A: Having elections for judges through established political parties focuses on the issues.

The New Mexico Constitution requires partisan elections for judges, in the first scheduled general election after a judge is appointed by the governor.

That process recognizes the flawed nature of all political appointments.

I was elected in the Republican primary as a magistrate judge more than three years ago in 2018.

All the people in Curry County and Roosevelt County should decide which candidate is the best – not a small, select group.

Q: What are the most pressing issues in the district? 

A: Speeding up trials is the most important issue.

Memories fade, witnesses move out of town, and everyone loses focus, when the time from arrest to trial is more than six months.

I would push both prosecutors and defense lawyers to process their cases sooner.

I read every court file, from cover to cover, when important issues are presented in written “motions” before trial.

I will disclose my tentative decisions, and a summary of my reasoning, on all such motions, at least one week before important court hearings.

Q: Does New Mexico need more criminal justice reform?

A: We need to speed up the process of deciding whether criminal defendants who genuinely seem unable to understand their charges, are – or are not – mentally competent to stand trial.

Defendants now can be held in jail for months awaiting the results of mental evaluations.

We should have a full-time forensic psychologist available in Curry County and Roosevelt County who can make prompt competency recommendations to the judges, with input from the lawyers on each side.

Q: What is the purpose of government?

A: This should be the first question. The main purpose of government is to “keep the peace” and to protect everyone from violence, fraud, and harassment.

Government also should ensure a “level playing field” for everyone, but government should not affect the “score.”

Open elections – even for judges – allow the voices of the people to be heard.

Benjamin Cross

Q: Why do you think you are the best candidate for judge?

A: I am honored to currently serve as district court judge. My career has been dedicated to public service in Curry and Roosevelt counties.  I previously served as a prosecutor in the Ninth Judicial District and as court attorney for the Ninth Judicial District Court.  These jobs were a training course for becoming a judge as I worked with a total of seven district court judges.  Prior to taking the bench, I drafted thousands of legal opinions, handled 750 mediations, assisted 1,000 community members through legal clinics and interacted with thousands of people through the court’s community programs. 

Q: Why are you running as a Republican?

A: I am a lifelong Republican. My father, Dr. Bruce Cross, served our community for more than 35 years. He taught me the value of being dedicated to community and he was the first to instill Republican roots in me. As to my position as judge, after an intensive vetting process that involved nine applicants and culminated in an interview with a bipartisan, 16-member nominating commission, I was chosen as one of four candidates for appointment as district court judge.  All four candidates were Republicans and, on Sept. 23, I was appointed to the bench by the governor. 

Q: Do you think judicial elections should be partisan?

A: The election for district court judge is partisan and therefore I am running in the Republican primary. However, as a judge, I am bound by the New Mexico Code of Judicial Conduct that requires that I act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary. This rule would apply whether the election was partisan or not.

Q: What are the most pressing issues in the district? 

A: As district court judge, I have a front row seat to the most pressing issues in our district. I preside over felony level crimes, abuse/neglect cases, large civil disputes, juvenile and mental health matters. I see so many people in our community working hard to address crime and other issues. I appreciate those that work to keep our community safe, provide services to the abused, provide treatment to the addicted and provide resources related to mental health. As a judge, I am aware that each decision I make has an impact on our community.

Q: Does New Mexico need more criminal justice reform?

A: Criminal justice reform is a major issue that is receiving a lot of attention. One area of reform that is often discussed is the law related to pretrial detention. I currently preside over pretrial detention hearings where I must decide if a defendant will receive a bond or will be held without bond while their case is pending. Whether there are changes to the law or not, my job as judge remains the same. I must apply the law and make the most informed decision that I can.

Q: What is the purpose of government?

 A: I have spoken to thousands of students about our government and the United States Constitution. It brings me great joy to see students get excited about our country. For me, to know the purpose of government, you need not look any further than the first three words of the Constitution - “We the people.” Government is for the people. I serve in the judicial branch of our government. It is my way of serving the people in the community that I love. And I hope to continue to serve this community for decades to come.

— Compiled by Staff Writer Steve Hansen