Former Doña Ana County Magistrate Judge Carlos Garza, who was removed by the Supreme Court last year after testing positive for cocaine, is trying to draw unemployment from the state.
The Administrative Office of the Courts is fighting Garza’s attempt.
The high court removed Garza from the bench in November after the Judicial Standards Commission found that he had used cocaine and abused his position to benefit a woman with whom he had a personal relationship.
Unemployment applications aren’t public record, so most details of Garza’s attempt to collect unemployment from the state aren’t known, but Arthur Pepin, director of the AOC, confirmed that his office is “resisting his attempt to collect unemployment, and we expect the situation to be resolved in the next two to three weeks.”
Garza refused to comment.
In addition to removing him from his elected position, the high court ordered Garza to pay $16,760 to the commission for reimbursement of the costs of its investigation and barred him from ever again seeking or holding judicial office in
Carlos Castañeda, spokesman for the Department of Labor, said he can’t release information about specific cases. The AOC is paying counsel to represent it in the matter, which probably means one side or the other is contesting the original decision of the department, whether it was to accept or deny Garza’s application.
Pepin’s comment seems to indicate that a hearing will take place in the next few weeks.
The department’s Web site states that applicants will only be approved for benefits if “it is determined you were not fired for misconduct connected with your work, or if you can prove your reason for quitting was due to an unresolved work-related problem caused by the employer.”
Though Garza repeatedly pointed the finger at the commission, court administration and other judges while he fought to keep his job, the Supreme Court didn’t buy his arguments.
Those approved for unemployment benefits can receive them for up to one year if they remain unemployed but continue actively seeking employment.