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|Current Court Information:|
|New Mexico Second Judicial District Court|
|Appointed by:||Gov. Bill Richardson|
|Past post:||Attorney in private practice|
|Undergraduate:||Arizona State University|
|Law School:||University of New Mexico, 1979|
|Candidate for:||2nd District Court|
|Election information 2014:|
Alan Malott is a district court judge in the Second Judicial District of New Mexico. 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.
- See also: New Mexico judicial elections, 2014
|Malott was retained to the 2nd District Court with 70.7% of the vote on November 4, 2014.|
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% of the vote.
- Main article: New Mexico judicial elections, 2010
- 2009-2020: Judge, New Mexico Second Judicial District Court
- 1979-2009: Attorney in private practice
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. 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.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."
- New Mexico Second Judicial District Court, "Judges"
- Albuquerque Journal, "Judges sue over veto of raises"
- New Mexico Courts, "Judges of the 2nd Judicial District Court"
- New Mexico Secretary of State, "2014 Primary Candidate List"
- ‘’New Mexico Secretary of State’’, “Unofficial Election Results- General Election- November 4, 2014," accessed December 17, 2014
- New Mexico Secretary of State, "Official Results- General Election- November 4, 2014," accessed December 17, 2014
- New Mexico Secretary of State, "Unofficial Statewide Results"
- Martindale.com, "Judge Profile: Alan M. Malott"
- A Female New Mexican's Political Point of View blog, "Governor Bill Richardson appointed three new Judges to Second District Court," January 3, 2009
- The Wall Street Journal - Law Blog, "Photographers Discriminated Against Gay Couple, Court Rules," August 22, 2013
- The Washington Times, "ACLU ‘stunned’ as N.M. judge rules gay marriage legal, despite law," August 27, 2013
- Fox News, "Judge orders New Mexico county to issue same-sex marriage licenses," August 27, 2013