In The Matter of Victor R. Marshall, the New Mexico Supreme Court permanently disbarred Mr. Victor Marshall, a respected attorney in New Mexico. (S-1-SC-37698, July 14, 2023.)
Mr. Marshall was disciplined, and eventually disbarred, because he raised a potential judicial conflict of interest in one of his cases. This article explores how the NMSC acted dishonestly and dishonorably in dealing with Mr. Marshall’s judicial ethics complaint. Here is an article about Mr. Marshall’s suspension, which provides some background information.
This is part one of a two part article. Part one explores the importance of the judicial ethics. Part two explores the specifics of Mr. Marshall’s case.
1. Due Process requires that an impartial decision maker preside over a case
The due process clause, 14th Amendment, Section 1 reads, in relevant part: “No State shall … deprive any person of life, liberty, or property, without due process of law …” This language, known as the due process clause, has been interpreted by the US Supreme Court as requiring a impartial judge in both civil and criminal cases. Source