Cano-Garcia’s death places another judgeship on the November ballot

The death Monday of District Judge Silvia Cano-Garcia means there will be another judgeship on the November ballot, according to the secretary of state’s office.

Cano-Garcia, a Republican, died Monday following a five-year battle with cancer. Whoever fills her position will be the third new judge at the district court in Las Cruces in a year.

Mike Murphy was appointed to the children’s court division earlier this year following the resignation of Larry Ramirez. Fernando Macias has been appointed to a new children’s court position, and starts work on Sept. 25.

Hoyt Clifton with the secretary of state’s office said the normal process will ensue in the case of Cano-Garcia’s seat. Both political parties have until the regular deadline of Sept. 12 – next Tuesday – to place candidates on the ballot.

Prior to Cano-Garcia’s death, the judgeship had not been scheduled for election this year.

The governor is also supposed to appoint a judge to fill the position until the newly elected judge takes office in January. A judicial nominating process that ends with a gubernatorial appointment is underway, and the vacancy will soon be announced, said an official with the University of New Mexico Law School, which is responsible for assembling the commission that will interview and recommend candidates to the governor. The commission is set to meet in early October.

Gilbert Gallegos, spokesman for Gov. Bill Richardson, said he doesn’t know whether the governor will make an appointment or leave the position vacant until the newly elected judge takes office.

“Our legal department is looking into it,” Gallegos said.

An appointed judge could be on the bench for only a few weeks if he or she isn’t also nominated by his or her party and later elected to the position.

On the flip side, the court’s other judges are already overworked. Leaving the position vacant until January could be hard on them. Retired District Judge V. Lee Vesely had been filling in for Cano-Garcia while she was ill. He will continue to hear cases, said the court’s presiding judge, Robert E. Robles, but funds from the Supreme Court for that purpose won’t last forever.

In the case of the last two appointments, Richardson worked closely with local members of the Democratic Party to assure they were planning to place his appointee on the ballot. He won’t have time to do that in this case, and would instead have to hope that the Democrat selected by the party also gets a recommendation from the nominating commission, so he can appoint that person.

The county Republican Party, meanwhile, has a regularly scheduled meeting for Saturday. Members of its central committee could vote then to place a candidate on the ballot, but some Republicans are discouraging that, saying they are happy with the potential Democratic candidates for the position. One Republican whose name is being mentioned is Las Cruces attorney Larry White.

The Democrats being mentioned are Las Cruces attorneys William “Rusty” Babington and Joyce Montes. Babington was one of three candidates recommended to the governor in June for the judgeship later filled by Murphy. At the time, Babington was criticized for not being active enough in the Democratic Party.

Babington’s law firm held a fundraiser for Richardson last week.

Montes sat on the nominating commissions that resulted in the appointments of Macias and Murphy. She used to be a Republican, but changed her party registration to Democrat in May 2004, according to records in the county clerk’s office.

There is a lot of pressure to select a woman, since Cano-Garcia was the only one on the court. Bernadette Sedillo, who was considered for the position filled by Macias, is not being mentioned as a candidate. Richardson was unhappy with her interview for that position, sources tell me.