Public records related to the investigation into allegations that Magistrate Judge Carlos Garza is using drugs also reveal some previously secret details of separate probes into other alleged misconduct by Garza.
The July 20 affidavit of Nicole Gonzales, included Wednesday in a public filing with the New Mexico Supreme Court, deals with the publicly known investigation into allegations that Garza is using drugs, but is also listed as relating to two of five other investigations of alleged misconduct by Garza.
Those five investigations were justification for the high court’s decision earlier this month to suspend Garza with pay until Nov. 3 while the Judicial Standards Commission investigates. But the high court sealed the file in that case, so details weren’t previously known.
Though Gonzales’ affidavit doesn’t specify which allegations relate to each investigation, here are the allegations included in the affidavit that don’t involve alleged drug use:
• In December 2005, Gonzales found Lauren Spilsbury “walking around the restricted (non-public) area of the courthouse. She said she was ‘looking for Carlos.’” When Spilsbury walked into another restricted area a few weeks later, she was informed she could not be in such areas.
Garza is currently on judicial probation stemming from an admission earlier this year that he improperly involved himself in a drunken driving case against Spilsbury, with whom he admitted he had a personal relationship.
• In response to complaints about Garza from “various magistrate court clerks,” Garza and Gonzales met with Caleb Chandler on July 13.
According to Gonzales, Garza did not do that. The next day, he spoke with two clerks without Gonzales or Frietze present.
• Then, on July 17, Garza complained to Gonzales about one of the clerks. According to Gonzales, Garza said, “Well, if these clerks are going to get me in trouble, I am going to do the same.” Garza repeated the statement later in the day, Gonzales claims.
You can read page 1 of Gonzales’ affidavit by clicking here, page 2 by clicking here and page 3 by clicking here.
A second affidavit from Melinda Gamboa, also dated July 20, does not state that it is related to the currently sealed investigations, but does provide more details on some of the allegations included in Gonzales’ affidavit.
• On July 3, Gamboa claims, she overheard Garza say “People in this office are going to get what they deserve.” Garza looked right at her and repeated the statement, she claims. Gamboa also claims she was present on July 17 when Garza told Gonzales he was going to cause trouble for the clerks.
• On July 6, according to Gamboa, Garza had his children on the bench with him while he was making rulings.
• On Dec. 20, Gamboa states, Sofia Lopez, a court clerk, said Garza asked her “to clear the license of Lauren Spilsbury” in the drunken driving case. The case was pending, and the court is not supposed to allow the Motor Vehicle Division to proceed with reinstating license privileges until after drunken driving cases are resolved.
“Judge Garza ordered Ms. Lopez to clear Lauren Spilsbury’s license anyway, even though he knew the case was still pending,” the affidavit states. “I instructed Ms. Lopez to make a note in the file regarding clearances being ordered on this pending case.”
According to court records, the license was cleared that day.
These allegations related to the Spilsbury case are not the allegations for which Garza has already been disciplined. Those allegations were that he had improper communication with two judges assigned to the Spilsbury case at different times.
You can read page 1 of Gamboa’s affidavit by clicking here, page 2 by clicking here and page 3 by clicking here.