It is the role of the judiciary to apply the law equally, test assertions before they are accepted as fact, and render outcomes based on thought and reason rather than emotion and prejudice, he thought as a result of that drive, reflecting on how disputes are resolved in a civilized manner.
Thompson noted this in an open letter he penned last year, which was published in the local newspaper, the Santa Fe New Mexican. In the letter, Justice Thomson outlined his perception of the "rule of law" and its evasive and aspirational nature, adding that as a member of the judiciary, it is his responsibility to ensure constitutional and statutory law apply equally to everyone.
In a recent interview with Law360, Justice Thomson said it was a little shocking to have seen the barricaded state capitol, but it caused him to realize it was time for direct communication regarding what the rule of law is and what role our judiciary plays in the democratic system.
"To that end, I write this letter. As a means toward civic education leading to civil governance, I believe the citizens of New Mexico will better understand the 'rule of law' and its importance by watching it in action," Justice Thomson said in the letter, which introduced the Rule of Law program in the state.
When the program launched last year, Justice Thomson visited classes virtually and spoke with students who watched a recording of an oral argument in a drunken driving case, talking to them about warrant and warrantless searches, as well as how the court handles expert witnesses. The court said the program has reached nearly 600 students.
"The best way to communicate this information, because it's really kind of abstract, is when you talk about a particular case, students are much more engaged," the justice said. "If you just talk about the judiciary sort of in an academic way, it doesn't penetrate as well as when you talk about one of the cases we're handling and put it in the context of what the judiciary does."
This year will be the program's second iteration and will commence with the high court visiting New Mexico's second-largest city, Las Cruces, on April 1 to hear legal arguments in a criminal case involving three people charged with stealing multiple cows in a nearby county. The case was chosen due to its proximity to the Las Cruces students and because it is a criminal case, which students simply find more engaging, Justice Thomson said.
The case will require the judiciary to interpret a New Mexico law prohibiting livestock theft and decide whether lawmakers intended for each stolen cow to constitute a separate crime or as only one if the cows were stolen at the same time and place.
The visit to Las Cruces marks one of the few times since statehood that the state Supreme Court has heard oral arguments outside of Santa Fe, the court said.
Located on the edge of the Chihuahuan Desert in the state's southern region, Las Cruces is home to a majority Hispanic population and nearly a quarter of its residents live in poverty, according to the U.S. Census Bureau.
"The most effective way, I really believe this, for the judiciary to communicate what their role is for people to see it, and if you want people to see it, sometimes you have to go there," Justice Thomson said. "And this gives that community a chance to view our process personally."
Instead of holding the program virtually, this year the court has invited high school and college students to attend the hearing at the state's Third Judicial District Court.
While the justices deliberate, students will be able to ask questions to the parties' attorneys, as well as the justices once they return to the courtroom. The justices will not, however, discuss the merits of the pending litigation, the court specified. For students unable to appear in person, the hearing will be livestreamed in English, Spanish and American Sign Language.
Thus far, Justice Thomson called the response to the program encouraging, saying he really sees the demand for it. In Las Cruces, he is expecting a full courtroom, as well as the use of an overflow room.
On March 31, the day before the hearing, the Supreme Court's justices will meet with students at Organ Mountain High School to discuss the state's judicial process and how the case made its way to New Mexico's highest court. Later that evening, the justices will also speak with students at New Mexico State University at a reception about the Rule of Law program and careers in the judiciary, the court said.
The court has also added a historical component to the program, which is unique to this year's iteration. Following the hearing, Justice Thomson and his colleagues are planning to visit classrooms to discuss the U.S. Supreme Court case Plessy v. Ferguson
, how it eventually led to Brown v. Board of Education and what impact the decisions have on society today."Here we're a little more isolated, so it's nice, I think, for the justices to have a conversation and get out in the community a little bit," said Justice Thomson. "They're all very excited."
In New Mexico, the justice said the school curriculum focuses heavily on science and math, leaving out social studies civics education — something he has noted while looking through his 11-year-old daughter's homework. This program acts as a way to fill that need, he said, adding teachers have been very engaged and tend to ask lots of questions.
In terms of learning what does and doesn't work, Justice Thomson said he has received a lot of constructive criticism from his daughter, whose class he has spoken to previously. Her feedback has allowed him to understand how to better communicate abstract judicial concepts in a more practical way, he said.
"After the presentation, she says 'Good job, dad, but you're talking like a lawyer,'" he said. Justice Thomson doesn't see his daughter following him in his footsteps because she finds him kind of "boring," he said, laughing.
As for the program's future, the justice said he intends to strengthen its foundation and structure to allow for its expansion to other New Mexico communities, as well as for the growth of a civics curriculum throughout the state's schools. Outside of New Mexico, Justice Thomson said he encourages other states to implement similar programs and is happy to talk to other members of the judiciary about doing so.
The arch of justice is gradual, he said at the end of his conversation with Law360, as he reflected on the lasting impact of former U.S. Supreme Court Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson, which he called "almost poetic."
"We are so focused on the present all the time, I just don't think we take the time to understand our history, including our legal history," said Justice Thomson.
--Editing by Lakshna Mehta.
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