The race to replace Carlos Garza has begun

Though Gov. Bill Richardson hasn’t yet asked for applications, the race to replace former Magistrate Judge Carlos Garza has begun.

Garza was removed from the bench last week by the New Mexico Supreme Court after the Judicial Standards Commission found that he had used illegal drugs and improperly involved himself the court issues of a woman with whom he had a personal relationship.

Several sources tell me that retired Las Cruces Police Department sergeant Joel Cano is actively seeking the job. Cano would have been the undersheriff for Democrat Ralph Misquez, had Misquez been successful in his bid to unseat Republican Sheriff Todd Garrison last week.

Speaking of Misquez, many Democrats would like to see him apply for the job.

Las Cruces attorney Fred Kennon, who applied unsuccessfully for a district judgeship earlier this year, also expressed interest in the position several weeks ago, but recently began working as an attorney for Doña Ana County. Many have told me they would like to see him apply.

Kennon and Misquez will both have to decide whether to apply. Cano has already made the decision. I wouldn’t be surprised if Misquez opts against applying because Cano is seeking the job. He’s a loyal man of his word.

But Misquez would also make an excellent magistrate.

These are all Democrats. It will be interesting to see whether the Republicans can put up a good candidate. Richardson has, occasionally, appointed Republican judges during his tenure. Some believe this might be such a time, if the Republicans find someone who would be an ethical, intelligent judge.

The five-member magistrate court in Doña Ana County has been plagued by scandal. Three judges have left the bench in the last three years as a result of action by the commission, and one other quit in frustration. The court, during that time, has been entirely populated by Democrats.

Some small degree of balance might be healthy.

If Richardson follows precedent he has set, he’ll seek applicants, then conduct background checks and interviews before making his decision.

Update, 1:30 p.m.

I failed to mention this morning that former Magistrate Judge Maria E. Rodriguez, a Democrat, also plans to apply for the job.

Rodriguez was appointed in 2004 after the resignation of Anne Segal. Gov. Bill Richardson, however, failed to get the local party’s input before making his choice, so the local party revolted by placing Richard Silva on the ballot for the 2004 election instead of Rodriguez. That meant she only held the position for a few months.

Since then, Rodriguez has worked to gain more support within the local party. She told me today she’s anxious to apply and is gathering letters of recommendation.

“I still carry my same qualifications,” she said. “I still carry my same values.”

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