Second Judicial District Court Chief Judge Nan Nash will retire on December 31, 2018. It marks the end of a 25-year career with the court that started when then-attorney Nan Nash was hired as part-time director of Court Alternatives. Judge Nash has held many positions with court, including Special Commissioner of Domestic Violence and Child Support Hearing Officer. Former Governor Bill Richardson appointed Nan Nash to the Family Court bench in 2003. She joined the Civil Division in 2007. Her colleagues elected her Chief Judge in April of 2014. Before officially stepping down, Judge Nash took some time to reflect on what has been a truly outstanding public service career.

Question: What initially sparked your interest in the legal profession and eventually the judiciary?
Judge Nash: I was not one of those people who always wanted to be a lawyer. In fact, growing up I do not even recall knowing any lawyers. I graduated from Indiana University with a degree in environmental biology. Then one day I found myself a divorced single mom in need of a way to support two kids who were 4 and 5 years old at the time. Given my strong communications and writing skills, law school seemed like a good idea. I was accepted to the Indiana University Law School. When I graduated, I went to work as a deputy city clerk. I also worked for the Bloomington City Council. However, I had lived out west a few years earlier, and knew I wanted to come back. I applied for jobs in Albuquerque and got an offer from a law firm here.
My then new husband, David, and I decided to make that move. I worked at that law firm for five years, doing primarily insurance defense work. I learned a lot, but I never really thought that was the right path for me. I started looking for other opportunities and saw an ad in the Bar Bulletin for a part time Director of Court Alternatives at the Second Judicial District Court. That was like an epiphany for me. I applied for the job and got it, and that started my 25-year career at this court. The part-time job as Director of Court Alternatives eventually became full time. I later became a Special Commissioner for Domestic Violence and a Hearing Officer in Family Court. After doing that a while, I thought it would be interesting to be a judge. I applied for an open seat on the Family Court bench and was appointed by Governor Bill Richardson in January of 2003.
Question: What is it like to be the Chief Judge of New Mexico’s largest and busiest district court?
Judge Nash: When I first took my seat on the bench after being a court staff attorney and a hearing officer, I discovered that being a judge entailed so much more than I had ever imagined. I had a similar experience upon becoming Chief Judge. I was fortunate to have come up through the ranks. That gave me an understanding of court operations. I was thankful for the opportunity to help shape this court. However, I encountered some unexpected challenges as Chief Judge. I had been a judge in Family Court and in the Civil Division. I was somewhat surprised about the level of media interest in criminal cases, as well as the level of criticism there would be of the court.
Question: Reflecting on your twenty-five years of service with the Second Judicial District Court, can you tell us about the role of the judiciary in our democracy and trends you have seen in this area?
Judge Nash: I have been reading the biography of Alexander Hamilton, who was one of the Founding Fathers who fought for an independent judiciary. The judiciary has an important role in providing checks and balances for other branches of government as well as providing an orderly way of resolving disputes among citizens. Current trends related to the judiciary in today’s society are concerning. The clamor for judges to respond to public opinion is a threat to the independence of the judiciary. It is a problem when the Chief Justice of United States Supreme Court feels compelled to step out of his role to respond to comments made by the President. Granted that is not the first time an elected official has tried to exert influence over the judiciary. That is a unique part of our democracy. Every citizen has First Amendment rights. However, if the judiciary does succumb to making rulings in response to public opinion, that would be a tragedy for our society and system of government.
Question: What are the proudest accomplishments of your career?
Judge Nash: There are a number of things I am proud to have been a part of over my 25 years with this court. Starting with my tenure as Director of Court Alternatives, where we built and strengthened many of the Court’s Alternative Dispute Resolution programs. I also am proud to have been a part of this court’s first Drug Court team, which was the first treatment court in New Mexico. In the Domestic Violence Division, Judge Whitaker and I—while serving as Special Masters—developed a pilot program for emergency orders of protection. We were appointed by the New Mexico Supreme Court to co-chair a judicial task force to standardize orders of protection. As presiding judge of Family Court, I helped develop and strengthen the Self Help Center, which has given citizens greater access to the justice system. As a judge in the Civil Division, I am proud of my decision in a case involving physician aid in dying. Even though the State Supreme Court ultimately reversed my decision, I believe I was right in recognizing a person’s right to seek the end of their suffering by choosing to have a physician’s aid in dying.
Question: What would you like the public to know about how courts work, and the responsibilities of being a judge?
Judge Nash: A judge’s job is to give all parties equal consideration in every case before them, and to render unbiased decisions in a timely manner. The public sometimes does not understand that. They also sometimes have difficulty understanding how difficult it is for judges to make decisions. Many factors come into play in almost every case. Some citizens choose to represent themselves; some lawyers do a better job of arguing cases than others. Judges have to overlook those things and apply the law to the facts of the case. That takes a lot more strength and steadfastness than most people realize.
Question: What do you think you will miss the most about being a judge?
Judge Nash: Being a part of shaping the court and by extension having a positive impact on the community. I also have become extremely close to my colleagues in the court. I will miss the camaraderie with my fellow members of the bench, as well as the court staff.
Question: What parts of the job do you think you will miss the least?
Judge Nash: Waking up in the middle of the night worrying about a court policy or thinking about a case. I will not miss the resistance to reform that we have encountered. I realize there will always be resistance to change, especially in a system like the courts, which typically moves at a glacial pace. However, I think a lot of the resistance we encountered was based in fear, and lot of that fear was due to the intense public scrutiny the court is always under. I definitely will not miss that scrutiny.
Question: What words of wisdom would you impart to attorneys just joining the profession?
Judge Nash: I would tell them two things. The first was imparted to me when I was new attorney. That is once established, a poor reputation is very hard to overcome while a good reputation, once established is fairly easy to maintain. The second thing I would tell them is that the flexibility that this profession provides is an incredible gift. If you are not finding satisfaction in the area in which you are currently working, do something different until you find that satisfaction.
Question: What are you looking forward to doing the most in your retirement?
Judge Nash: Not having so much on my plate. While serving a Chief Judge the past four and a half years, many things I did regularly have gone away. I am looking forward to hiking, biking, traveling, playing and listening to music, and of course spending more time with my three grandchildren.
Question: Is there anything else you would like to say?
Judge Nash: Courts, in general, are progressive institutions that seek to increase every citizens’ access to justice. That certainly is what this court is about, and I am extremely grateful to have worked here with so many wonderful people.