District Judge Jim T. Martin (Photo by Heath Haussamen)
Third Judicial District Judge Jim T. Martin won’t hear criminal cases for the time being because of an investigation that has already resulted in bribery charges against another judge and has led Martin to retain an attorney.
Douglas R. Driggers, the chief judge in the Third Judicial District, confirmed today that he has taken Martin off criminal cases.
“As a result of the investigation and what’s going on at the present time, I decided it was in the best interest of the court, to maintain the integrity of the judicial system, that Judge Martin not be assigned any criminal cases during this time,” Driggers told NMPolitics.net.
Martin and his attorney could not immediately be reached for comment.
A grand jury indicted Martin’s colleague, District Judge Mike Murphy, last week on third-degree felony charges of demanding or receiving a bribe by a public employee; bribery of a public officer or employee; and bribery, intimidation, or retaliation against a witness, in addition to a fourth-degree felony charge of criminal solicitation.
Martin testified before the grand jury that indicted Murphy last week. His attorney was with him at the courthouse and spoke with special prosecutor Matt Chandler before Martin testified.
Prosecutors allege that Murphy solicited a bribe from potential judicial applicant Beverly Singleman, told District Judge Lisa Schultz to tell Singleman she needed to pay the bribe, and threatened to destroy Singleman’s reputation for telling others that he solicited a bribe from her.
Murphy’s attorney says his client is innocent.
Hearing criminal cases could create a conflict for Martin because the case is being investigated and prosecuted by Chandler for the Third Judicial District Attorney’s Office, which prosecutes cases in the district where Martin is a judge.
Investigators have their eyes on Martin
An incident report released Saturday makes clear that investigators have their eyes on Martin, though he has not been publicly named as a suspect in a crime, charged or received notice that he may be indicted.
The report details events that started in September 2007, when Singleman, a former Appeals Court judge, was considering applying for a vacancy on the Third Judicial District Court. She asked to meet with Martin to discuss things, and he brought Murphy with him.
Martin, who was appointed to the bench by Richardson in July 2005, didn’t say much at the meeting, Singleman claimed in an affidavit given to investigators. But Murphy, who Richardson appointed in June 2006, had plenty to say.
He told Singleman if she wanted support from the Democratic Party, she needed to join the Dennis Chavez Club – a fundraising group honoring the former senator. Murphy also said she should “write a check to the Democratic Party every week in whatever amount she could afford and deliver it to Edgar Lopez.”
Singleman noted that Martin “listened to Judge Murphy’s entire conversation without objecting.”
Singleman talked with District Judge Lisa Schultz about the situation, and Schultz later confronted Murphy and Martin. From the report:
“Then Judge Schultz challenged both Murphy and Martin on their behavior in soliciting contributions from judicial candidates, and informed them that this was both wrong and unethical. Judge Martin did not argue or disagree with Judge Schultz, but instead remained silent and indicated his understanding of her accusations with a nod of his head.”
“She told them that they should not do it again and both judges promised to comply.”
Campaign contributions
Investigators have interviewed Martin twice. He was asked if giving money in exchange for an appointment was common practice. From the report:
“…he indicated that to be nominated for a judgeship, a person has to get on the list, and the governor appoints from that list. Judge Martin said the governor picks someone who is active in the party. ‘A way to show that you’re active in the party is to make donations to the party, participate in events, go to fundraisers, help a particular campaign, be a good democrat or republican. That’s kind of the nature of politics, you have to be actively involved in the game.’”
According to FollowTheMoney.org, Martin, a Democrat, gave $160 to Richardson’s campaign in 2006. He also gave several small contributions to other Democratic candidates that year.
Driggers, Schultz and Macias hearing criminal cases for now
Murphy was assigned to hear criminal cases until April, when Driggers ordered him to hear only non-criminal cases pending the outcome of his own case. Driggers announced that decision a day after NMPolitics.net first reported that Murphy was under investigation and could be indicted.
Martin is assigned to the court’s civil division, but at the time the court was already short two judges, and when Murphy was taken off criminal cases Martin agreed to take on criminal cases that Schultz gave up because of an excusal or recusal. Martin also volunteered to hear probation revocation cases, Driggers said.
No longer.
Driggers said he, Schultz and Fernando Macias are handling the court’s criminal docket for the time being.
A prior version of this article incorrectly stated that Murphy is charged with paying a bribe for his position.