Emeritus Professor of Law
A.B. 1965, Oberlin College
J.D. 1968, Washington University
LL.M. 1972, Georgetown University
Member of the New Mexico and District of Columbia Bars
Professor Leo Romero, former dean, has been a member of the UNM law faculty since 1972. He teaches primarily in the area of criminal law and procedure, sharing with students a fascination with the theory underlying doctrine, as well as the practical application of the law. His scholarship has focused mostly in the area of criminal law, but recent publications have dealt with judicial selection issues, a subject with which he became familiar when he served as chair of the judicial nominating commissions for all courts in New Mexico.
Romero has served the law school as associate dean for academic affairs, dean and later as interim dean. During his six years as dean, Romero focused his efforts on expanding the Indian Law Program and the school's International Law course offerings. His efforts led to the establishment of an Indian Law Certificate program and the Southwest Indian Law Clinic. His focus on international law led to the creation of the U.S.-Mexico Law Journal, an exchange program with the University of Granada in Spain, and an exchange program under NAFTA with law schools in Mexico and Canada.
During his term as dean, as mandated by the New Mexico Constitution, Romero chaired the New Mexico Judicial Selection Commission. Because the commission system for selecting judges was relatively new when he became dean, he drafted the "Rules of Procedure Governing Judicial Nominating Commissions" and generally oversaw the development of this process for selecting judges in New Mexico. Based on this experience, he published two articles on judicial selection--"Proposal for an Alternative System of Judicial Selection Combining Commission Nomination and Election Methods," in the Government, Law, and Policy Journal of the Albany Law School (2001) and "Judicial Selection in New Mexico: A Hybrid of Commission Nomination and Partisan Election," in the New Mexico Law Review (2000).
Before joining the University of New Mexico Law School, Romero practiced criminal law in Washington, D.C., and began his teaching career at the Penn State University Dickinson School of Law as director of clinical studies. In addition to his service at the University of New Mexico, Romero has taught at a number of other law schools. He has been a visiting professor at Stanford University, The University of Oregon, George Washington University, Washington University at St. Louis, Roger Williams University, The University of California, and Hastings College of Law.
Active in legal education at the national level, Romero has served on the Executive Committee of the Association of American Law Schools and on the Board of Trustees of the Law School Admission Council, including a two-year term as chair. He currently serves on the board of the National Institute for Trial Advocacy (Chair for two years) and the National Council of Washington University, St. Louis, School of Law. He recently finished a six-year term as Trustee of Oberlin College.
Professor Romero was recently appointed by The New Mexico Supreme Court to The New Mexico Public Defender Commission.
A graduate of Oberlin College, he received his law degree from Washington University at St. Louis, and earned a Masters in Law from Georgetown University Law Center (E. Barrett Prettyman Fellow).
He received The American Bar Association's 2014 Spirit of Excellence Award for his work in promoting racial and ethnic diversity in the legal profession.
Pre-req.: Evidence, co-req.: Ethics
Highly Recommended: Criminal Procedure I, Criminal Procedure II, Trial Practice, Evidence & Trial Practice
This course will be led by Professor Leo Romero. He will be assisted by four adjuncts--two adjuncts assigned to the course by the Bernalillo County Public Defender’s Office and by two assigned by the Bernalillo County District Attorney’s office.
Law School Credit and Grading
The course will be offered for four credits, and will be graded on a “CR”, “C-”, ”D+”, “D”, “D-“, “F” basis. Although the course includes a field experience component, it does not count toward the required six credit hours of “in-house” clinic.
The class will meet for two hours each week. Instruction will include topics of applied criminal law, evidence, professional responsibility, and trial practice. Students will view problems from the perspectives of both criminal defense lawyers and prosecutors. The perspective of others in the criminal justice system, such as judges and corrections workers will also be included to the extent possible. Because the classroom component will involve both defenders and prosecutors, principles of professionalism will be explored.
Field Experience Component
Eight students will be assigned to the Bernalillo County Public Defender’s Office and eight will be assigned to the District Attorney’s Office for field experience work. The field experience will consist of ten hours per week. The supervision of the students’ field work will be provided by assistant public defenders and assistant district attorneys. These attorneys will work with students to assure that the students have meaningful field work each week. In addition to hands on experience, students’ field work will include observation of many of the lawyering tasks undertaken within the respective offices. Students may be assigned to either the felony or misdemeanor division. Depending on a student’s qualifications (having completed courses in criminal procedure, evidence, and trial practice) she or he will be assigned direct case responsibility (under the supervision of an experienced lawyer) for handling all or portions of their assigned cases, including motions and trials in a wide array of cases. The experience will be rich, intensive, and diverse.
This course will focus on the aspects of criminal procedure that are not covered in Criminal Procedure I. Thus, we will not address the Fourth Amendment (search and seizure) or the Fifth Amendment (due process and confessions). Using a problem oriented approach, this class will cover topics such as: charging decisions, bail, preliminary hearings, grand jury proceedings, discovery, Brady issues, double jeopardy, joinder and severance, speedy trial, plea bargaining, effective assistance of counsel, sentencing, and habeas corpus.
This class will also be open to first year students.
Proposed New Mexico Criminal Code and Commentaries (Univ. N.M. Sch. L. Inst. Pub. L. 1986).
Teachers' Manual for Problems and Cases in Trial Advocacy (Nat'l Inst. for Trial Advoc. (NITA), CLE ed., Rev. 1983) (co-author).
Examining Expert Witnesses (Legal Services Corp., 1981) (a two-volume set of teaching materials and trainer guide prepared for the Legal Services Corporation, Advocacy Training and Development Unit).
Chs. 6, 8, & 11 in Teachers' Guide to Rothsein, Evidence: Cases, Materials and Problems(1988).
Hispanics and the Criminal Justice System, in Hispanics in the United States, A New Social Agenda (1985) (co-authored with Luis Stelzner).
Punishment for Ecological Disasters: Punitive Damages and/or Criminal Sanctions, 7 U. ST. THOMAS L.J. 154 (2009).
Available at: SSRN
Punitive Damages, Criminal Punishment, and Proportionality: The Importance of Legislative Limits, 41 Conn. L. Rev. 109 (2008).
Available at: SSRN
Proposal for an Alternative System of Judicial Selection Combining Commission Nomination and Election Methods, Gov't L. & Pol'y J. Albany L. Sch. (2001).
Judicial Selection in New Mexico: A Hybrid of Commission Nomination and Partisan Election, 30 N.M. L. Rev. 177 (2000).
El Proceso de Acreditacin para las Facultades de Derecho en Estados Unidos, Cuaderno Numero 3, La Ensenanza del Derecho, Universidad Miguel de Cervantes, Santiago, Chile 99 (2000).
Reflections on the LSAC National Longitudinal Bar Passage Study: Two Findings That Have Immediate Impact, 67 B. Examiner (No. 4, Nov. 1998).
Unintentional Homicides Caused by Risk-Creating Conduct: Problems in Distinguishing Between Depraved Mind Murder, Second Degree Murder, Involuntary Manslaughter, and Noncriminal Homicide in New Mexico, 20 N.M. L. Rev. 55 (1990).
A Critique of the Willful, Deliberate, and Premeditated Formula for Distinguishing Between First and Second Degree Murder in New Mexico, 18 N.M. L. Rev. 73 (1988).
Discovery of Work Product and Liability Insurance, 12 N.M. Trial Law. 67, 76-79, 91-92 (1984).
An Assessment of Affirmative Action in Law School Admissions After Fifteen Years, 34 J. Legal Educ. 430 (1984).
Sufficiency of Provocation for Voluntary Manslaughter in New Mexico: Problems in Theory and Practice, 12 N.M. L. Rev. 747 (1982).
Competency to Stand Trial Under the Senate and House Proposed Provisions of the Federal Criminal Code, 72 J. Crim. L. & Criminology 434 (1981).
New Mexico Mens Rea Doctrines and the Uniform Criminal Jury Instructions: The Need for Revision, 8 N.M. L. Rev. 127 (1978).
The Quest for Educational Opportunity: Access to Legal and Medical Education in New Mexico, 53 N.M. Hist. Rev. 337 (1978).
The Admissibility of Scientific Evidence Under the New Mexico and Federal Rules of Evidence, 6 N.M. L. Rev. 187 (1976).
The Legal Education of Chicano Students-A Study in Mutual Accommodation and Cultural Conflict, 5 N.M. L. Rev. 177 (1975) (co-authored with Richard Delgado & Cruz Reynoso).
Rules of Procedure for the New Mexico Judicial Nominating Commissions, in N.M. STAT. ANN. (1996).
Desafio al Modelo de la Rehabilitacion en el Sistema Judicial del Menor en los Estados Unidos (1979) (published as a monograph for the Congreso Panamericano de Criminologia en Buenos Aires).
NATO Status of Forces Agreement: Its Application to American Juvenile Offenders in Germany, in Juvenile Justice Textbook Series (Nat'l Center for Juv. Just., 1975).
Book Review, 57 Geo. Wash. L. Rev. 388 (1988) (reviewing S. Kassin & L. Wrightsman, The American Jury on Trial: Psychological Perspectives (1988)).