New Mexico judiciary nears gender parity, but gaps remain
Apr. 21—Donna Mowrer began her law career later in life after she held a variety of jobs, including newspaper reporter, police dispatcher and probation officer.
"I wanted to be an attorney since civics government class in seventh grade," she said.
The yen never went away, but it was a slow burn.
"My husband asked me what I wanted for my 35th birthday, and I said, 'I want to go to law school,'" she said.
In 2011, Mowrer became the first — and only — female district judge in New Mexico's 9th Judicial District, which includes Curry and Roosevelt counties. Her colleagues selected her as chief judge of the district in 2022.
Women make up a significantly larger share of the New Mexico judiciary now than they did just eight years ago.
Mowrer is one of 94 women among 201 judges in the state judiciary today. Nearly half — 47% — of New Mexico judges are women this year, up from 38% in 2016.
But that appearance of gender parity masks what some judges refer to as "a rural-urban divide" in gender representation on the bench.
Women hold a majority of seats on the state's appellate courts and in the Albuquerque metro area. But gender parity lags in many rural districts and in magistrate courts.
Historically, fewer female attorneys practice in New Mexico's rural areas, which could limit the pool of judicial candidates, Mowrer said. But female lawyers are more common now, even in rural courtrooms, she said.
"I will say that the number of attorneys that are female has definitely grown in our area over the past several years," Mowrer said.
That tracks with graduation data from the University of New Mexico School of Law. Women made up 53% (52 of 98) of the school's graduating class in 2023. That figure is up from 47% (52 of 111) in 2014.
Nationwide, women have outnumbered men in law school classrooms every year since 2016, according to the American Bar Association. In 2023, women made up 56% of students enrolled in ABA-approved law schools in the U.S.
Women are well represented in Bernalillo County, where 62% of district court judges and 84% of metropolitan court judges are women. And women comprise half or more of the judiciary in four of the state's 13 judicial districts, including the 1st Judicial District, which includes Santa Fe and Mora counties.
But the story is different in most other districts, particularly those in rural areas, which have a relatively small judiciary.
"I can't put my finger on what it is that creates this kind of urban-rural divide along gender lines," said New Mexico Supreme Court Justice C. Shannon Bacon, who is one of three women on the five-member court. "The increase in female representation on the bench is largely driven by four courts."
Women hold seven of 10 seats on the New Mexico Court of Appeals, the state's second-highest court.
"It's the appellate courts and the true metro area that creates those numbers of having more female representation," said Bacon, who recently completed a term as chief justice. "You leave Albuquerque, and it falls apart."
Women are particularly underrepresented in magistrate courts, which largely hear misdemeanor criminal and traffic cases. Twenty-five — or 37% —of the state's 67 magistrate judges are women. Magistrate judges are elected and don't need a law degree.
Many parts of the state are "legal deserts," Bacon said. The state is exploring ways of recruiting more young men and women to enter the legal professions in rural areas.
In January, the state initiated a Rural Justice Initiative Clerkship program to give law school graduates experience working in rural communities under the supervision of experienced district court judges. The program isn't limited to women.
"If you don't have any lawyers, you're not gonna have any judges," Bacon said. "So we're not focusing on it as much in terms of gender as we are on geography."
Sting of sexism
Female judges say that the position doesn't make them immune to the sting of sexism.
"Just wearing a black robe does not mean that people will show you the respect that you would assume that they would show," District Judge Beatrice Brickhouse said. "I think that's one of the things that probably surprised me as a new judge."
Despite her rigorous preparation for cases, "I cannot tell you how many times male attorneys will say, 'Judge, I'm going to assume you probably don't know much about this issue.' I am quite confident that they are not starting their arguments in front of male judges that way."
Marie Ward, chief judge of the 2nd Judicial District, said some male attorneys speak to her "in a less respectful manner" than they would a male judge.
Sexist behavior can take the form of "more frequent interruptions, talking over you, and then sometimes, just general threatening and disrespectful behavior," District Judge Cindy Leos said.
"Sexism is alive and well, even in the judiciary," Leos said. "I've dealt with that in a very professional but stern way. There's a certain amount of respect that I give you, and I expect the same in return, and that usually resolves this situation."
Brickhouse, Ward and Leos all said that most attorneys and other parties are respectful of the black robe, but some speak to women in ways they wouldn't speak to a man.
"You have to deal with that behavior head on," Brickhouse said. "You have got to make it very clear about that type of unacceptable behavior and that you're not going to tolerate it, and that there can be consequences for that behavior."
Varied paths
Women take a variety of paths to the judiciary. Brickhouse and Leos, both 2nd Judicial District Court judges, are a study in contrasts.
Brickhouse has practiced law for 31 years and served half of that time as a civil court judge. As a young person, Brickhouse never expected to become a lawyer, let alone a judge.
"It definitely was not a plan," she said in a recent interview. "Neither of my parents even graduated from high school."
Brickhouse got her first taste of the law while serving active duty in the U.S. Army. She was assigned the duty of helping prosecute noncommissioned officers who tested positive on drug tests.
Brickhouse faced off against Judicial Advocate General attorneys who were impressed with her performance and encouraged her to attend the University of Arizona School of Law in Tucson while still in the Army.
A freshly minted lawyer now out of the Army, Brickhouse worked first as an assistant district attorney in Farmington, then as an assistant city attorney in Albuquerque.
Brickhouse said she was taken aback when people, including a sitting judge, urged her to apply for a vacant judicial post.
"I had to be convinced," she said. "I was pretty amazed that I had gotten to be a lawyer. For somebody like me, this little girl from Peoria, Illinois, how could I end up a judge in New Mexico? How is that even possible? And so they had to work on me. I was resistant, for sure."
Brickhouse was appointed to the judiciary in 2009 by then-Gov. Bill Richardson, becoming one of only four women in the 2nd Judicial District Court at that time.
Leos took a more straightforward path to the judiciary.
"I always kind of knew I was going to be a lawyer," she said. Leos also knew she would be a good lawyer because "my personality was combative and argumentative," she said.
After graduation from Chicago-Kent College of Law, Leos worked at the New Mexico Children, Youth and Families Department, representing the state in child abuse and neglect cases. Later, she worked as a public defender, then in private practice, representing defendants accused of capital offenses statewide.
The judiciary seemed like a natural career move. "I always thought once I started practicing law that I'd like to be on the bench," she said.
In 2016, she ran successfully against an incumbent judge. Leos didn't consider seeking an appointment.
"I didn't think the political climate would support me being appointed in 2016," when former-Gov. Susana Martinez, a Republican, was in office. In addition, Leos was a public defender who had represented violent criminals.
"The individuals I had defended in that time frame did not make me an incredibly popular person," she said. Even members of her own family won't speak with her because of her past work, she said. "I think that criminal defense attorneys get a bad reputation."
Leos took the bench in 2017 and was retained by voters in 2020.
The judicial system is stronger with women on the bench, Bacon said.
"When parties, litigants, come into courthouses, it needs to reflect the community," Bacon said. "And if it doesn't, it undermines the public's trust and confidence in the courts. That public trust and confidence are really critical to the court system nationwide."
