The New Mexico Department of Labor has reversed an earlier decision to grant unemployment compensation to former Doña Ana County Magistrate Judge Carlos Garza.
An appeals tribunal determined earlier this month that the Supreme Court was justified in removing Garza from the bench after he tested positive for cocaine use last year. Though he was notified of the hearing, Garza did not attend.
According to the appeals decision (read Page 1 and Page 2), a department claims examiner originally approved Garza’s application for unemployment compensation after finding that he “was not discharged for misconduct connected with the work.”
When the Administrative Office of the Courts learned about that, it appealed the decision, which was overturned on June 4.
“The claimant’s conduct constituted a deliberate disregard of standards of behavior which the employer had a right to expect and as such constitutes misconduct,” the appeals decision states.
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.
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
Update, 4:10 p.m.
AOC Director Arthur Pepin had this to say:
“The AOC is encouraged by the decision of (the appeals tribunal) disqualifying former Magistrate Judge Garza from collecting unemployment benefits. Given the Supreme Court’s ruling that Judge Garza used cocaine, his actions clearly constitute misconduct connected with his work and meet the standard for denial of unemployment payments,” he said. “It is unfortunate that Judge Garza chose to engage in the conduct that resulted in his permanent removal from judicial office. This decision should put an end to the matter and allow the dedicated and hard working judges and employees of the