High court suspends embattled Sunland Park judge

The New Mexico Supreme Court finally acted today in the case of newly elected Sunland Park Municipal Judge Horacio Favela by suspending him without pay pending the outcome of his voter-fraud case.

The action wasn’t designed to be punitive. Judicial Standards Commission Director Jim Noel told the Las Cruces Sun-News that the action is simply designed to protect the integrity of the judiciary.

After all, can you imagine this judge actually ruling in cases while he’s facing a charge of voter fraud? The Sunland Park judge hears some 3,000 cases per year.

Favela was charged on Feb. 29 with voter fraud, a fourth-degree felony that could land him in prison for 18 months if he’s convicted. He allegedly used a residential address in El Paso County and a business address in Doña Ana County to vote by absentee ballot in both counties in 2004.

There are also questions about whether he was eligible to run for office in Sunland Park. His driver’s license is from Texas and lists his residence as being there. His most recent voter registration is also from El Paso. Despite those concerns, a second commission request to invalidate Favela’s election was denied by the high court today.

Favela was elected by Sunland Park voters and sworn in shortly after he was charged. But he hasn’t been hearing cases. The Associated Press quoted his attorney as saying Favela had “taken it upon himself to do the right thing” by not hearing cases while this mess is pending.

There’s a pro tem judge hearing cases in his absence.

OK. The integrity of the judiciary is intact, at least in this instance. On to Favela’s criminal case. The high court won’t decide whether to reinstate him until after that is resolved.