Procedural fairness in courts

Years ago, an individual came to our courthouse with a summons in hand. The summons, which the court uses to bring parties before the court at an appointed date and time, was not for the day the individual appeared. The individual demanded to see the judge immediately.

Court clerks pointed out that the summons was for a later date and time. The individual argued that he had the right to “due process.” The clerks explained that the purpose of the summons was to provide due process — giving a notice of the court’s intentions and an opportunity for the individual to be heard in the matter. After some back and forth, the individual left and came back to court at the appointed date and time.

This example underlies what I have found to be a general misunderstanding about the concept of due process, which is enshrined in the United States Constitution in the Fifth and 14th Amendments and in the New Mexico Constitution in Article II, Section 18. The language in each is similar. The state constitution reads, “No person shall be deprived of life, liberty or property without due process of law.”

Black’s Law Dictionary defines “due” as “Just, proper, regular, and reasonable.” While “process” is defined as “The proceedings in any action or prosecution.”

In combination, Black’s Law Dictionary defines the term “due process” as, “The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.”

Due process, in the courts, begins at case initiation.

Criminal actions start with the filing of a criminal complaint, which is a sworn statement by law enforcement that a crime has been committed. The complaint must include the name of the person charged, the location of the alleged crime and essential facts that support the charge such as the name of the alleged victim.

Civil action begins with the filing of a civil complaint or petition, which is a declaration of facts from a petitioner seeking a judgment from a court for return of property, money owed, damages, etc.

In both actions, there exists a requirement for proper notice. In a criminal case, the court uses the name and address in the criminal complaint and sends a summons to the defendant. In a civil case, the burden of service is on the person bringing the civil matter before the court.

As defined above, service is the notice part of due process. Service informs the defendant, in either a civil or a criminal matter, of the matter before the court.

In a criminal case, the summons includes the alleged criminal charges. In a civil matter, the service packet includes the basis for the civil case and what remedy is being sought.

At a first appearance in court in a criminal case, the judge advises the defendant of their rights, the alleged charges and essential facts associated with those charges, as well as the potential penalties if convicted.

In a civil action, the defendant can respond to the allegations and has the opportunity to file a counterclaim against the plaintiff, who is the person bringing the legal action. In certain civil cases, the terms petitioner or respondent may substitute for the words plaintiff and defendant, respectively.

Depending on a number of factors, including the complexity of the matter, the case may be set for a trial, pre-trial proceedings, or mediation.

Courts use pre-trials to ensure due process requirements are followed, such as the disclosure of witnesses, and sharing of evidence.

Mediation provides the opportunity for a mutually agreeable resolution between the parties. Outside of the court’s direction, parties are free to explore alternative resolutions, such as a plea agreement.

At trial, the plaintiff in a civil lawsuit or the state in a criminal prosecution presents their case. This presentation includes the introduction of evidence and witnesses, if any. Witnesses testify under oath.

The defendant has both the opportunity to challenge the presentation of evidence and to question witnesses — another example of due process of law.

In their defense, the defendant may also introduce evidence and witnesses. The plaintiff likewise can challenge evidence and to question witnesses. The plaintiff may then present rebuttal evidence and witnesses, if any.

Following a verdict and judgment, due process continues with the opportunity for the parties to appeal the court’s decision.

Although outside the scope of this column, it deserves mention that other government agencies use administrative hearings before an administrative law judges. Likewise, governmental commissions, councils and panels also hold hearings.

In New Mexico, these hearings must follow state statute and administrative code, ordinance, bylaws, or other governing documents. These hearings are also subject to due process, such as notice and appeal.

I hope this column provides some clarity to this important right.

(Magistrate Judge John R. Chavez is the magistrate in Belen. He is a native of Valencia County and is a retired U.S. Army colonel.)