Embattled Doña Ana County Magistrate Judge Carlos Garza was apparently prepared to resign until the Judicial Standards Commission made public last week allegations that he may be using drugs.
The commission filed a week ago a petition asking the New Mexico Supreme Court to immediately 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 court has not yet responded.
Garza had already been placed on suspension with pay until Nov. 3 while the commission conducts five separate investigations into other serious allegations. In addition, he was placed on judicial probation after admitting earlier this year that he improperly involved himself in a drunken driving case against a woman with whom he had a personal relationship, though Garza claims his probation has been put on hold while he’s on suspension.
Records released by the commission, statements made by Garza and a response he filed today with the court (which you can read by clicking here), reveal that Garza was prepared to end the trouble in which he found himself by calling it quits.
Garza’s troubles first became public in May, when he admitted to the allegation involving the woman’s drunken driving case. In June, he said that admission was based on “economic reasons” and added that he did not believe he had done anything wrong. He later skipped the deadline to pay a $600 fine in that case, then paid the fine a week later after the commission filed a motion with the high court asking him to explain why he should not be held in contempt.
Matters got worse for Garza last month, when the commission sought his immediate suspension with pay based on allegations that resulted in five separate investigations by the commission. The high court sealed that file, so most details aren’t known publicly, but some can be inferred from a later court filing. (You can read about that by clicking here.)
The court placed Garza on suspension through Nov. 3 with pay while the commission investigated.
But the commission was also conducting a sixth, separate investigation into allegations that Garza was using drugs. On Aug. 17, the commission issued an order requiring him to undergo drug testing within 24 hours. That didn’t happen, and the commission accuses Garza of willfully evading service of the order and violating the order. Garza, in today’s filing, blamed his failure to comply on a series of mishaps and other circumstances.
With problems beginning to stack up against him, Garza began discussing a stipulated agreement with Noel that would result in his resignation. Garza has said publicly that Noel asked him to resign.
And, according to today’s filing, Garza agreed last week to “go to
Garza went to
Noel filed the commission’s request asking the high court to order the drug testing and suspend Garza without pay just before 5 p.m. the day before Garza traveled to
At that point, Garza would have been on his way to Noel’s office.
At the meeting, Garza claims, Noel asked him to sign a statement that he had conferred with an attorney before signing the agreement, which Garza says he had not done. He claims he asked to take a copy of the agreement to share with an attorney, and Noel told him, “You sign it now or forget it. … He said if I wasn’t there to sign it, we had nothing else to talk about.”
Garza apparently refused to sign. He later told me he is “very upset” and going to fight.
In today’s filing, Garza reiterates allegations he made in an interview with me this weekend that Noel and Caleb Chandler, the former magistrate judge currently assigned to help the court in
He accuses
Noel can’t talk about negotiations the state constitution dictates are secret, but had this reply to the response Garza filed today.
“I think Judge Garza’s response speaks for itself, and it wouldn’t be appropriate for me to discuss it further here since it is part of an open matter before the Supreme Court. Obviously we disagree with many of the characterizations Judge Garza made, but we respect his right to respond to the Supreme Court in the manner he believes is appropriate and that best represents his position. All of our interactions with Judge Garza are well-documented, and we will be fully prepared to address any issues the Supreme Court wants to have addressed,” Noel said. “I will reiterate that this office has treated Judge Garza with the utmost respect, and will continue to do so. That does not mean, however, that this commission or its staff will abandon their constitutional duties to the citizens of
Garza is running unopposed for re-election this year. The last day for a candidate to withdraw from the race is Sept. 5, and the last day for political parties to place candidates on the ballot following withdrawals is Sept. 12. Hoyt Clifton from the Secretary of State’s office tells me it’s not unheard of for the high court to make exceptions to those deadlines in extreme circumstances.
There are several scenarios that could play out here, depending on if and when Garza resigns. There could be an election or there could instead be an appointment by the governor to fill the position.
Stay tuned.