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Alan Malott

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Alan Malott
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Current Court Information:
New Mexico Second Judicial District Court
Title:   Judge
Appointed by:   Gov. Bill Richardson
Active:   2009-12/31/2020
Past post:   Attorney in private practice
Past term:   1979-2009
Personal History
Undergraduate:   Arizona State University
Law School:   University of New Mexico, 1979
Candidate 2014:
Candidate for:  2nd District Court
Position:  Retention
State:  New Mexico
Election information 2014:
Incumbent:  Yes
Election date:  11/4/2014

Alan Malott is a district court judge in the Second Judicial District of New Mexico.[1] He was appointed to the bench in January 2009 by Governor Bill Richardson, and was elected in 2010. He was retained in 2014 for a term that expires on December 31, 2020.[2]



See also: New Mexico judicial elections, 2014
Malott ran for retention to the 2nd District Court. The general election took place on November 4, 2014.[2]

Judicial performance evaluation

The New Mexico Judicial Performance Evaluation Commission recommended that Judge Malott be retained. The full report is available here.


Malott ran for the district court unopposed in the general election, receiving 100 percent of the vote.[3]

Main article: New Mexico judicial elections, 2010


Malott received his undergraduate degree from the Arizona State University and his J.D. from the University of New Mexico in 1979.[4]


Notable cases

Discrimination based on sexual orientation applies to marriage (2013)

Judge Malott ruled on August 26, 2013, that, since New Mexico prohibits discrimination based on sexual orientation, same-sex marriage is legal in the state.

The ruling was in response to a lawsuit brought by the American Civil Liberties Union (ACLU) on behalf of six lesbian couples who were seeking marriage licenses. The sixth couple, Jen Roper and Angelique Neuman, were recently added to the lawsuit after they were wed in Santa Fe. They were seeking Judge Malott's ruling on whether or not the state would recognize Neuman's marriage on her death certificate, since she is terminally ill with cancer. The judge, however, shocked the ACLU by involving all six couples in such a sweeping decision.

The issue of gay marriage surfaced in other New Mexico courts a few days prior to this case. It all started when Dona Ana County Clerk Lynn Ellins decided on his own to start issuing marriage licenses to same-sex couples on August 21. The following day, the New Mexico Supreme Court ruled that a photography company could not refuse to photograph a lesbian wedding.[6] Also that day, Santa Fe Judge Sarah M. Singleton ruled that same-sex marriage was legal. This has resulted in a flood of applicants for marriage licenses in both Santa Fe and Dona Ana counties. The Bernalillo County clerk expected a similar rush after Judge Malott's decision.[7]

Opponents of same-sex marriage, such as Sen. William Sharer, argue that it is the Legislature's job to change such laws, not local clerks or judges. He stated, "It is inexplicable how a district court just today discovered a new definition of marriage in our laws, when our marriage law has not been changed in over a century."[8]

See also

External links


New MexicoUnited States District Court for the District of New MexicoUnited States bankruptcy court, District of New MexicoUnited States Court of Appeals for the Tenth CircuitNew Mexico Supreme CourtNew Mexico Court of AppealsNew Mexico District CourtsNew Mexico Magistrate CourtNew Mexico Municipal CourtsNew Mexico Probate CourtsNew Mexico Problem-Solving CourtsNew Mexico Workers' Compensation Administration CourtBernalillo County Metropolitan CourtNew Mexico countiesNew Mexico judicial newsNew Mexico judicial electionsJudicial selection in New MexicoNewMexicoTemplate.jpg