Supreme Court has yet to act in case of Sunland judge

The New Mexico Supreme Court hasn’t yet acted on the Judicial Standards Commission’s request for action in the case of Sunland Park’s new municipal judge, who is facing a felony charge of voter fraud.

Horacio Favela was sworn in Friday evening despite the outstanding felony charge and other questions about his Tuesday election.

The commission sent two petitions to the high court late Friday. The first seeks the invalidation of Favela’s election. The second was sealed by the court, so its contents aren’t known publicly, but the court regularly seals petitions for temporary suspension pending the outcome of commission investigations, so this could have been such a petition.

The commission had little time to act between the news on Wednesday that Favela won the election and Friday’s swearing-in ceremony. It might make sense that the commission would ask both that the high court prevent Favela from taking the bench or, in the alternative, suspend him after he takes the bench.

Favela was charged on Feb. 29 with voter fraud, a fourth-degree felony that could land him in prison for 18 months. 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. That’s why the commission filed its petition seeking the invalidation of the election.

Favela’s candidacy was certified by the city clerk’s office.

As of today, Favela is Sunland Park’s judge. He has to go through training this week before he can hear cases, but he’s still the official judge. The high court needs to act quickly.