Suspended Doña Ana County Magistrate Judge Carlos Garza will be re-elected to the bench on Nov. 7. On Nov. 8, he’ll most likely learn whether he gets to stay there.
Garza, who is facing accusations that he used cocaine and abused his position to benefit a woman with whom he had a personal relationship, is running unopposed for re-election this year. Unless he resigns before Nov. 7, which he has said he will not do, Garza’s victory on that day is certain.
The New Mexico Supreme Court has scheduled oral arguments for Nov. 8 on the Judicial Standards Commission’s petition to permanently remove Garza from the bench.
Following the public hearing, which will be held at 9 a.m. in
The court has given Garza until Oct. 25 to respond to the commission’s petition to have him removed. You can read the petition for Garza’s removal by clicking here. You can also read the supplementary findings of fact and conclusions of law, a document that contains more detail, by clicking here.
Garza’s current suspension without pay, implemented after he failed to comply with the commission’s order to submit to drug testing, lasts through Friday. The commission has asked the court to extend that unpaid suspension until the matter is resolved, and the court has given Garza until Friday to respond.
Either way, Garza will remain on suspension. The only question is whether he’ll be paid during that time.
The commission found that Garza:
• used illegal drugs.
• failed to comply with a commission order that he submit to testing for illegal drugs.
• evaded service of the commission’s order.
• inappropriately used his judicial position in February 2006. Garza was in a car with Lauren Spillsbury when she was pulled over for speeding, and allegedly asked the police officer if he knew who Garza was and told Spillsbury he would “take care” of the citation.
• inappropriately ordered Spillsbury’s license cleared of any suspensions in the middle of a pending case.
Garza has vowed to continue fighting and says the commission’s evidence against him is weak. He denies using drugs.
If the court’s justices believe Garza used drugs, he won’t likely get a break. In recent years the court has come down hard on substance abusing judges and implemented new programs for those who seek help.