LOCAL COLUMN
OPINION: Keep UNM Law School academically strong and nonpolitical; retain Dean Carey
In their unjustified attacks on the law school leadership, a few angry dissidents demonstrate a misunderstanding of the purpose and function of our law school. They distort the role of the dean, and they attempt to turn the law school鈥檚 highly successful 50-year focus on access, excellence and nondiscrimination into one of unconstitutional discrimination.
An academic dean should be selected by the faculty, and we strongly support continuing the excellent leadership that Dean Camille Carey has supplied over the past four years. The provost, who will decide whether to extend her tenure, should act promptly to reappoint her for another five-year term.
University of New Mexico Law School has a special function. Unlike almost all other law schools in the country, it is the only law school in the state, and a rare law school with specific state constitutional powers. It ultimately produces far more New Mexico officials than any other law school. UNM Law School has a significant responsibility for the quality of justice within our state; it is exceptionally important that it produce well-trained and thoughtful lawyers and judges who are not beholden to any politician, party or political movement.
When alumni and students attempt to influence the selection of the law school dean, the hiring of faculty or the admissions process, they are starting down the road that will destroy the academic excellence and integrity of the school.
For scholars, it is a frightening step away from the principle of neutrality toward making the university into just another political interest group.
The dissidents argue that because there were 200 in-state applications for UNM Law School last year, the university should have admitted 200 in-staters to fill the law school class this year. But law school is 鈥 and should be 鈥 very tough. Not everyone who applies is qualified to enter our program, because many would never be able to finish it. To graduate from law school and to practice law in this state, students have to be smart, well prepared and willing (and able) to work hard, full-time, for three years. Many applicants do not meet our high admissions standards based on undergraduate grades, LSAT scores, letters of recommendation and personal statements. In deciding which applicants to admit, the faculty admissions committee considers all of the criteria for each applicant.
The dissidents also misunderstand the obligation of the law school to select the best students who apply. Indeed, as now required by federal law and university policy, those making admissions decisions cannot even see the race or ethnicity of the applicants; those parts of the applications are hidden from them. Every admitted applicant must be prepared for the intellectual rigor of law school and the practice of law.
Northern New Mexico Hispanics are not somehow more deserving than southern New Mexico Hispanics or anyone else. The son of an oil field worker in Hobbs is as deserving of admission as the daughter of a farmer from Hatch, or the children of a doctor from Las Cruces or a food server in Thoreau. Having a mix of the best of these students 鈥 with some exceptional nonresidents thrown in for good measure 鈥 seems to bring out the best in all of our students. Each year the law school faculty selects a talented, diverse class of law students who reflect the unique history and culture of our state. The admissions policy has the same goal now that it had five, 10 or 20 years ago, and, like our student body of years ago, we remain one of the academically strongest, most diverse schools in America.
Even with the relatively small number of applicants, caused in part by the fluctuation in the number of New Mexico high school graduates, 80% of the law school students are New Mexico residents. This number has been consistent over the past several years. We do give a very substantial advantage to state residents in the admissions process, and most of the nonresident students have strong ties to the state. Few law schools in the country have such a strong local admission preference or student presence.
The dissidents also misunderstand the role of the dean of the Law School. We believe Carey is an exceptional administrator who has done a remarkable job during times when it has been difficult to be a law school dean anywhere. But the dean is not a CEO with the power to carry out any executive order she may declare. The faculty members do not work for her; she works for them. Student admission decisions are made by a faculty committee; faculty hiring decisions are made by the faculty as a whole. The dean will be a powerful dean only if the faculty finds her to be a persuasive one. The law school is run, in relevant ways, by the faculty, which also voted on whether to retain the current dean. That vote has not yet been tabulated and revealed, but we would be surprised if there were more than a few faculty members who have serious problems with the dean.
In our view, if faculty members voted to retain Carey, she should be retained. If they did not, she should not. That is the foundation of the faculty governance that has made our law school so successful. And, in any case, the university must promptly reveal the results of the secret faculty ballot, as UNM policy and New Mexico open government law require.
From the late 1960s to the present, the UNM Law School has maintained one of the most diverse student bodies of any American law school, and that has created a well-respected judiciary and state bar. This effort has been based on a process that asks the faculty to select the best faculty available, and asks an admissions committee to select the best applicants.
Replacing the nonpartisan, nonpolitical academic standard with a standard based on who can create a political movement would undermine our faculty, our students and, eventually, our system of justice. UNM should not allow dissidents to create political chaos to tear down the faculty governance that has created such an excellent law school.
Richard Gonzales is a professor emeritus and UNM Law School, and served as the chair of the Admissions Committee for two decades. Ted Parnall is a professor emeritus and a former dean of UNM Law School. Leo Romero is a professor emeritus and former dean of UNM Law School. Rob Schwartz is the Weihofen professor of law emeritus at UNM Law School, and a former UNM regent.