After first providing brief biographies of the justices and their personal relationship, the article examines two subject matter areas where their differing views were most fully developed and made a significant contribution to the development of the law:
- First, the restructuring of the law of negligence with an emphasis on the creation and nature of a duty of care; and
- Second, the legal principles governing the jurisdiction of the New Mexico appellate courts and the resulting tension between legislative and judicial authority over provisions governing access to the appellate courts.
The article concludes with our assessment that sound judicial development of the law often is a product of the interplay between justices of different legal philosophies, who may disagree profoundly on some significant issues, but who respect and learn from the views of one another. Such was their relationship, and New Mexico law is better because these two jurists shared service on the New Mexico Supreme Court, leaving a body of work that resolved many questions and, when agreement was not possible, provided a sound foundation for their successors to continue to refine New Mexico law.
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Michael B. Browde & Mario E. Occhialino,
A Model of Collegial Judicial Decision-Making: The Ransom-Montgomery Years on the New Mexico Supreme Court,
N.M. L. Rev.
Available at: https://digitalrepository.unm.edu/nmlr/vol52/iss2/6