In this edition of “Meet the Incumbent,” we feature Judge Erika Mendoza, a respected leader in the legal community known for her dedication to fairness and service. Judge Mendoza reflects on her career, the challenges she has faced, and the principles that guide her in upholding justice from the bench.
Vegas Legal Magazine (VLM): What does being a judge mean to you?
Judge Erika Mendoza (JM): Being a judge means I am a mediator, referee, gatekeeper, and protector. The weightiest of those roles is that of the protector.
VLM: How do you exercise judicial discretion where there is an ambiguity in legal authority? For example, how likely are you to sanction a litigant who violates a procedure rule, e.g. failing to file a document in a timely matter?
JM: Where there is an ambiguity, I render a decision consistent with the intent and purpose behind the law. Specifically as to the example of a late filing, I consider the over arching concern that parties should be able to rely on rules to provide some consistency and predictability. Further, adherence to the rules is imperative to ensure cases are moving along without unreasonable delays. However, the appropriate response for an untimely response for any given case would depend on the unique circumstances of that case, most importantly the reason for the late filing and whether the untimeliness prejudiced the opposing party.
VLM: Have you ever experienced a situation where you had to support a legal position that conflicted with your personal beliefs? If so, how do you handle it?
JM: As an attorney, I was fortunate in that as a DA my job was to seek “justice” for the community as a whole and I had a ethical duty to ensure that a defendant’s rights were not violated. The unique job as a DA means I never had to pursue an argument or position I personally felt was wrong. If it felt “wrong” to me, that generally meant it was inconsistent with what was best in my pursuit of justice so I was not obligated to pursue that position.
As a judge, my job is always to follow the law, regardless of whether it is consistent with my personal beliefs. There have been times where I have to follow a law that I personally do not think is a wise policy. However, I strongly believe judges should not engage in judicial advocacy where they ignore the law or intentionally interpret the law in a way to achieve a particular result. The judicial branch of government is just one of three branches that are all intended to check and balance one another. If judges usurp legislative roles the system is not functioning properly and we have unpredictable, inconsistent, and inefficient courts.
VLM: What is your best piece of advice for litigants and/or attorneys?
JM: Pick your battles. Do not hide “bad” facts for your case. Confront them head on and explain why they should not change the outcome of the case.
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