The police officer who arrested House Minority Whip Dan Foley last month has moved the case out municipal court, ensuring that a judge who has faced criticism for refusing to recuse himself won’t preside over the proceedings.
The police department didn’t tell the Roswell Daily Record whether Municipal Judge Clyde McKee’s decision to stay on the case resulted in Officer Pete Hernandez’s decision to move the case from municipal to magistrate court in
Regardless, the move was wise after McKee refused to recuse himself. McKee gave $50 to one of Foley’s past campaigns, and his son is a close friend and financial backer of Foley. In addition, McKee told the Record last week how he would likely rule on a motion to delay the trial date in the case even though he hadn’t yet seen the motion, creating an appearance of prejudice.
In the face of calls for his recusal, McKee instead ruled a week ago in favor of delaying the trial from the original date of Aug. 2. On Friday, Hernandez dismissed the charges in municipal court, the newspaper reported. He plans to refile them in magistrate court.
But there’s a new problem: The magistrate court’s two judges appear ready to recuse themselves, the newspaper reported.
“There would be no doubt in my mind (that we would recuse),” Magistrate Court Judge Eugene De Los Santos told the newspaper. He suggested the case should be moved to District Court so it can be heard by a judge who isn’t from
McKee was assigned the case earlier this month after another municipal judge, Hector Pineda, recused himself last month. Pineda has since resigned, citing personal reasons and telling the newspaper that he’s “had enough.” He was twice disciplined by the state’s high court for ethical violations.
Foley is facing charges of disorderly conduct, obstructing an officer and resisting arrest after running onto a basketball court in
Foley has pleaded not guilty. He faces a maximum fine of $784 and 20 days in jail.