Nominating commission grills judicial candidates

Some who applied for a children’s court vacancy in the 3rd Judicial District had to answer tough questions during Thursday’s judicial nominating commission meeting.

Ultimately, the panel opted to forward the names of Fernando Macias and Bernadette Sedillo, both Democrats, to the governor. Only Republican Bill Lutz, an attorney from Las Cruces, voted against the recommendation.

The governor can select one of the two candidates or ask the commission for additional names.

Lutz expressed unease during Macias’ interview about the fact that he hasn’t practiced law in several years.

“I have a great concern about you having voluntarily left the practice of law and then trying to get back into it through a judgeship,” Lutz told Macias.

Others expressed concern about Macias, especially after New Mexico Supreme Court Chief Justice Richard Bosson, a Macias supporter, revealed that Macias let his law license become inactive in 1999, and it remains inactive to this day.

“We’re scared that maybe you’re not going to understand our practices, as opposed to 10 or 12 years ago,” said Deputy District Attorney Amy Orlando, a Republican.

Macias explained that he stopped seeing clients in the late 1990s, so he allowed his law license to become inactive, but has maintained continuing education credits since. The former state senator has worked in the past decade as the director of the Mesilla Valley Economic Development Alliance, Doña Ana County manger, and head of a bi-national environmental agency based in Ciudad Juarez. He is currently the director of New Mexico Legal Aid.

Macias said he can easily renew his license, should he be appointed to the judgeship, and can adapt quickly to any procedural or other changes.

Macias was a finalist for the last judgeship, which was filled in June by Michael Murphy of Las Cruces. Many local Democratic leaders pushed for the appointment of Macias, but Gov. Bill Richardson carefully considered criticism of the controversial politician before appointing Murphy.

Thursday’s nominating commission apparently thought Macias’ other experience qualifies him despite his lack of recent experience practicing law.

Sedillo faced few tough questions, but others who did not make the cut were grilled by the panel.

Democrat Melissa J. Reeves was questioned about comments she made after not being recommended to the governor by last month’s nominating commission. She claimed she was told the Republicans on that panel “hijacked the process” by not sending her name to Richardson, because they had been told the governor intended to appoint a Hispanic woman.

That committee, like Thursday’s, was made up of eight Democrats, eight Republicans and one independent. Many members of both parties were upset by Reeves’ words.

She was asked about those comments twice on Thursday, and said all she intended was to point out to Democrats that “the only hostile questions I got (during last month’s interview) were from Republicans on the commission.”

Many of those same Republicans were on Thursday’s commission, including Orlando, who asked about Reeves’ conduct at a hearing last week. Orlando said she was told Reeves was rude to the judge and opposing attorney in the case.

Reeves said she didn’t recall making any inappropriate comments to the judge, but did recall a spat with Matthew Holt, the opposing attorney.

“Mr. Holt can be very testy, and when someone acts like that, I return the favor,” she said.

Las Cruces Municipal Judge James T. Locatelli, a Democrat, was subject to similar scrutiny. He and the other city judge are suing the city to try to recover more than $100,000 they spent to defend themselves against an ethics complaint filed by the city attorney’s office. The judges contend the city should have paid for their defense.

Reeves, incidentally, is their attorney.

Las Cruces attorney Mike Lilley, a Democrat, asked Locatelli whether he believes the lawsuit affects the public’s confidence in the system.

“It’s baggage, it’s unfortunate, but it was not of my creation,” Locatelli said in blaming the city attorney’s office.

Assistant District Attorney Jacinto Palomino, a Republican, wasn’t convinced.

“It appears that the municipal court system is broken,” he said. “How would you avoid brining that chaos into the district court?”

Locatelli disagreed that the system is broken.

“I did not create this chaos, nor has it affected the functions of the court,” he said.

Sources tell me the governor hopes to appoint a Hispanic woman to this position. At least, that’s what many Democrats with ties to the governor are pushing in Las Cruces. A poll on this blog last month indicated that most believe Sedillo will be the next judge.

Whoever is appointed will also have to convince the Democratic Party he or she should be their choice to run for election in November. The Republicans could also run a candidate in that election.

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