Judging our judges: Is the system fair?

Introduction: Judicial scandal captures headlines

2006-09-09T20:25:00.000-06:00

A judge is arrested for drunken driving and cocaine possession. Another is indicted for rape and bribery. A third resigns after being found incompetent to stand trial on charges stemming from a motorcycle crash. A series of egregious incidents involving New Mexico judges in 2004 led to a dramatic increase in funding for and, as a result, activity of the Judicial Standards Commission, the state body charged with holding judges accountable to the Code of Judicial Conduct.

Thirty-four percent of petitions for discipline or temporary suspension of judges filed by the 38-year-old commission have come since Jan. 1, 2004. In Doña Ana County, scandal has led to the resignations of three judges since 2004 and the discipline of two others.

The increase in activity has been controversial. Some say the system is flawed and judges aren’t being treated fairly. Others defend the system, which was created by a constitutional amendment approved by voters in the 1960s.

In this special report, Heath Haussamen on New Mexico Politics examines the commission, its role and whether the system is just.

Part 1: A crackdown on misbehaving judges

Monday, Sept. 11, 2006

John Brennan couldn’t have known when he tried to evade a DWI checkpoint in Albuquerque that his actions would not only change his life, but also lead to a reshaping of New Mexico’s judiciary.

Click here to read the article.

Part 2: Has the commission gone too far?

Tuesday, Sept. 12, 2006

Some in Doña Ana County say the Judicial Standards Commission has gone too far in its attempt to protect the public and preserve integrity of the judiciary, and is not being fair to judges accused of misconduct.

Click here to read the article.

Part 3: Will the system change?

Wednesday, Sept. 13, 2006

The increase in the Judicial Standards Commission’s funding and activity has led to scrutiny that could result in changes to the system for holding judges accountable to the Code of Judicial Conduct.

Click here to read the article.

Part 4: Legislators investigate

Thursday, Sept. 14, 2006

Two attorneys and a judge criticized the judicial discipline process and suggested changes to improve the system during a candid legislative committee hearing Thursday in Las Cruces.

Click here to read the article.

District Judge Larry Ramirez (resigned)

2006-08-21T16:39:00.000-06:00

Ramirez resigned from the bench in June during a Judicial Standards Commission investigation into allegations that he engaged in an ongoing pattern of sexual harassment and making inappropriate comments in the courtroom.

Though he resigned, the commission is proceeding with its case. Because the state Supreme Court has sealed the file, details are secret, but it’s likely the commission is asking the court to fine Ramirez or bar him from ever again holding judicial office.

Ramirez had been placed on judicial probation by the high court in November after admitting to improperly involving himself in is son’s alcohol-citation case and inappropriately refusing to let a defense attorney make an objection for the record.

In addition, an investigation by the Administrative Office of the Courts found in 2004 that Ramirez engaged in sexual harassment and forced him to undergo counseling and training. Months later, a second investigation found that Ramirez had engaged in improper conduct in the courtroom, and he was reassigned away from the juvenile drug court.

Key articles:
• June 27: Judge Murphy to start at end of July
• June 2: BREAKING NEWS: District Judge Ramirez resigns
• May 3: Judge Ramirez brought before high court again

Magistrate Judge Susana Chaparro (resigned)

2006-08-21T16:37:00.000-06:00

Chaparro resigned in March and agreed weeks later to never again seek judicial office as part of a stipulated agreement with the commission. In exchange, the commission dropped seven outstanding cases against Chaparro, including a probe into her alleged harassment of a magistrate court interpreter who employed her sister, but took her sister off drunken-driving cases while she dealt with her own drunken-driving case.

Chaparro had been disciplined in 2002 for improperly issuing an arrest warrant for a court interpreter who ignored an order she gave – an interpreter who beat Chaparro’s sister for the interpreter contract. Chaparro was also hit with a two-week suspension in 2005 for improperly involving herself in her son’s traffic case.

Key articles:
• June 2: Richardson appoints magistrate
• March 22: Judge Chaparro quits

Magistrate Judge Reuben Galvan (resigned)

2006-08-21T16:34:00.000-06:00

Galvan resigned in May 2005 while battling charges that he raped and solicited a bribe from a woman in August 2004. After two hung juries, prosecutors dropped the charges.

In a statement he gave to police during the rape investigation, Galvan admitted to actions that may violate the Code of Judicial Conduct. While drinking and flirting in a bar, he discussed with the woman a pending battery case against her husband, though she was the alleged victim and believed he was the judge. He took the woman for a ride in his Porsche, though he told police he had too much to drink before driving.

In July, the high court barred Galvan from ever again holding judicial office in New Mexico, but not because it found that the commission presented “clear and convincing evidence” of misconduct. The court issued its order because Galvan failed to respond to its request for an argument against a permanent ban from the bench.

Galvan’s accuser in the rape case is now suing him in federal court.

Key articles:
• Aug. 30: Former Magistrate Galvan sued over rape allegation
• July 25: In the end, Galvan simply gave up fighting
• July 24: Galvan, though barred by court from holding office, not found to have violated judicial ethics
• July 21: BREAKING NEWS: High court says Galvan can’t be a judge ever again

Magistrate Judge Carlos Garza (disciplined)

2006-08-21T16:29:00.000-06:00

Garza is currently serving a 90-day suspension with pay while the commission investigates serious allegations against him. The details aren’t known because the high court sealed the file.

In addition, the commission has asked the high court to suspend Garza without pay, force him to undergo urine and hair tests for illegal drugs, and explain why he should not be held in contempt for refusing the commission’s previous demand for the tests, which were sought because of allegations that Garza is using drugs.

The high court has scheduled a public hearing on matters involving Garza for 9 a.m. on Sept. 20 in Santa Fe.

Garza, who is running unopposed for re-election this year, is already on judicial probation after admitting in May to improperly involving himself in a drunken driving case against a woman with whom he had a personal relationship.

His punishment in that case included a $600 fine, which Garza failed to pay by the June 22 deadline, but paid a week later after the commission filed a motion seeking an order requiring Garza to explain why he should not be held in contempt.

Key articles:
• Aug. 30: Magistrate Garza apparently planned to resign until allegations of drug use became public
• Aug. 28: Garza vows to fight, says he’s acting erratic and paranoid because ‘people are out to get me’
• Aug. 24: Many have expressed concern in recent months about Garza’s behavior and alleged drug use
• June 14: Magistrate Garza says admission of guilt was based on ‘economic reasons’
• June 12: High court accepts discipline of Magistrate Garza

Municipal Judge Melissa Miller-Byrnes (disciplined)

2006-08-21T16:26:00.000-06:00

Miller-Byrnes was issued a formal reprimand in 2004 after falsely stating during a radio interview that no complaints had been filed against her with the commission. She was also disciplined in January for calling a city prosecutor a “smart ass” during a 2004 interview with a newspaper reporter.

That comment was part of a dispute between the municipal judges and city attorney’s office that exploded in 2004 when the city’s two judges wrote a letter to the Las Cruces Sun-News alleging incompetence by police and prosecutors.

After the letter and Miller-Byrnes’ separate comment about the prosecutor were published, the city attorney’s office filed a complaint with the commission, which asked the high court to discipline the judges. The court dismissed the complaint related to the letter, but chastised Miller-Byrnes for the “smart ass” comment.

Key articles:
• Aug. 10: Court: City doesn’t have to reimburse municipal judges for defense of ethical complaint
• Aug. 2: City judges won’t be forced off criminal cases because of lawsuit, Robles rules

Municipal Judge James T. Locatelli (cautioned)

2006-08-21T16:19:00.000-06:00

Locatelli has never been disciplined by the high court, but was issued a cautionary letter by the commission in 2004 after pornographic e-mails were found on his city-owned computer at the court. Such letters are normally confidential, but Locatelli made his public when he applied for a district judgeship last year.

Locatelli was the author, along with Miller-Byrnes, of the letter to the Sun-News complaining about city police and prosecutors.

Key articles:
• June 20: Judge Locatelli defends lawsuit against city