Letter to the editor - Oct. 25

Portales judge failed to stand up for justice

Editor’s note: Portales District Judge Donna Mowrer on Sept. 7 declined to hear arguments in private citizens’ efforts to force a referendum on bills passed this year by the state Legislature. Secretary of State Maggie Toulouse Oliver has said the bills are not subject to referendum. Mowrer told petitioners she was declining to exercise jurisdiction since petitioners had also asked the state’s Supreme Court to exercise jurisdiction.

I sat in the courtroom of Judge Mowrer in Portales, expecting to see justice. I was there because one of our own was standing up for the people’s right to referendum several bad laws the legislators passed during the 2023 session.

When I left the courtroom, I was frustrated and angry at the same time. Angie Smith had filed a declaratory judgment to have our court clarify the law: “Does the secretary of state have the authority to designate laws?”

We the people know the answer is no, but we need our court to uphold the law.

The secretary of state’s counsel told the judge that she may not have jurisdiction to hear the case because of a case that had been filed in the Supreme Court. Judge Mower either did not read the case, that she had been made aware of by the Supreme Court, or she was looking for a way not to make a rule.

The case in the Supreme Court asked for a stay on the implementation of the bad laws, not a stay on the district court’s hearing cases. She should have been prepared enough to know she has jurisdiction.

What does this mean for the people of Portales and Roosevelt County? We have chosen to live in a conservative county where we believe in God, family, the right to life, parental rights and the right to free and transparent elections. Our elected officials should represent us and stand up for us and justice. Judge Mowrer didn’t do either on Sept. 7.

Judges are elected officials so maybe we need to start looking for someone in that position that represents the people and isn’t afraid to follow the law.

If you know an attorney who is strong on constitutional law and rights, let’s get together and have a discussion about how to support them to replace judges that do not value the rule of law and their obligation to the people of Roosevelt County.

Wade Fraze

Portales