Dendahl has little chance of winning gubernatorial race, but is certain to make it more interesting

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The gubernatorial race is suddenly a lot more interesting.J.R. Damron’s departure will result in a brutal, nasty campaign between Bill Richardson and his new Republican challenger, John Dendahl. Dendahl is controversial even within his own party for aggressive campaigning. Richardson is vulnerable on a lot of issues.There are the airplane rides he accepted as gifts. There are the jobs he created without legislative approval that some legislators have called illegal. There are the appointees, magistrate judge and otherwise, who have been huge embarrassments. Continue Reading

Damron says he quit because campaign needs to move ‘in a different direction’

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Here is the statement J.R. Damron released today in announcing his withdrawal from the gubernatorial race:“For the good of the state of New Mexico and its citizens, I believe there needs to be a change in the 2006 Republican gubernatorial candidate. Therefore, I have submitted the required Secretary of State form announcing my resignation as the Republican gubernatorial candidate for 2006.The new candidate needs to be competitive, aggressive and articulate to win this race. This candidate needs to engage Richardson in a decisive, bull-doggish manner to bring out all of his many deficient, negative and duplicitous characteristics, and highlight Richardson’s self-serving, abusive treatment of New Mexicans. Full exposure of Richardson’s pay to play, deceitfulness, and cronyism must be brought to all the voters of New Mexico.To this end, I must do what is best for the Republican Party of New Mexico and for the people of New Mexico to win this election in November. Barbara and I have committed 18 months of time, energy and money toward this goal. Continue Reading

BREAKING NEWS: GOP replaces Damron with Dendahl in governor race

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The Republicans, at today’s Central Committee Meeting in Albuquerque, accepted J.R. Damron’s resignation as the party’s nomination to take on Bill Richardson in November, and replaced him with John Dendahl, a conservative syndicated columnist and former party chair.Damron had trouble raising money. The change means we have a more interesting race, though Dendahl will have a hard time catching up with Richardson, both in fundraising and votes.You can read more about it from the Albuquerque Journal. Continue Reading

Commission certifies election results, sets details of committee that will examine elections problems

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The Doña Ana County Board of Commissioners plans to create an ad-hoc committee composed of 7-9 members that will examine operations of the elections bureau, from pre-election planning to post-election reporting.Though the commission wants the committee to make recommendations for changes needed in the office so the commission can adopt official policies and procedures, the board can’t force policy changes on elected Clerk Rita Torres.The commission does, however, control Torres’ budget.Commissioners voted at a Friday afternoon meeting to create the committee. At the same meeting, they voted to certify the primary election results.Torres, who rarely works an eight-hour day, was not present for the meeting.“I’m confident that these numbers today are accurate,” Elections Director Mari Langford told commissioners before all five voted to certify the results.Commissioners created the committee in response to what they perceive to be problems with the primary election. Though last week’s election went more smoothly than some in recent years, the county elections bureau carries a lot of baggage.Then-County Clerk Ruben Ceballos was forced from office several years ago after being convicted of elections violations. He was given a deferred, five year sentence, so the conviction will eventually be erased from his record if he stays out of trouble.And a mathematical error in the county in 2000 resulted in George Bush mistakenly being declared early on the winner of the state’s five electoral votes. Discovery of the mistake shifted the victory to Al Gore.“We’re trying to get to the problems that we’re having,” Commission Chairwoman Dolores Saldaña-Caviness said at the meeting.The committee will consist of an even number of Democrats and Republicans and at least one registered voter who is independent or a member of a minor party, commissioners decided.The commission extended the deadline for applications until Thursday at 5 p.m. Applications must be hand delivered to the government center on Motel Boulevard.Thus far, 14 have applied.Commissioners will select committee members at their meeting on June 27. Continue Reading

Here’s my take on E. Shirley Baca’s defeat

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I’ve been asked several times why I believe Public Regulation Commissioner E. Shirley Baca lost her re-election bid in the primary.Baca gave us her take for the first time during Thursday’s PRC meeting. She attributed her defeat to low voter turnout and negative campaigning by her challenger in the Democratic primary, Sandy Jones.“It’s a sad thing when you lose due to nasty campaigning,” the Las Cruces Sun-News quoted Baca as saying. “Anybody that resorts to this kind of nasty and negative campaigning, this is going to be an indicator of what kind of commissioner they would be.”Is anyone surprised that this is Baca’s explanation? She has spent years blaming others when scandals cropped up. Now she’s pointing a finger at Jones and voter turnout, which I guess means she’s blaming her would-be supporters, who, had they bothered to vote, would have allegedly given her victory.I have a different opinion.Baca did little campaigning, at least compared to Jones, though she has a reputation for being a workhorse when it comes to getting voters to the polls.Jones’ negative campaigning worked, but only because he latched on to what was already there and rode it to victory. Continue Reading

Ramirez resignation creates difficulty for Dems

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The resignation two weeks ago of former District Judge Larry Ramirez creates an interesting situation for the Democratic Party.Applications for his replacement were due Thursday, and the judicial nominating commission meets Monday to recommend candidates to the governor, who will make an appointment.Meanwhile, the Doña Ana County Democratic Party meets Tuesday to decide who to place on the ballot for that judgeship in November.A similar situation existed in 2004. When then-Magistrate Judge Anne Segal lost her primary bid to unseat Ramirez, she resigned her magistrate position and moved to Arizona.Richardson sought advice from State Sen. Mary Jane Garcia, D-Doña Ana, who suggested he appoint Maria E. Rodriguez to replace Segal. He did.Upset that it wasn’t consulted, the county’s Democratic Party revolted. Two days after Rodriguez’s appointment, the party shafted the governor’s pick by selecting Richard Silva to run for the seat in November 2004, giving Rodriguez only a few months on the bench.It was a huge embarrassment for Richardson, who began reaching out after to that to several other county Democratic leaders before making major decisions.Sources tell me Democrats are making efforts to avoid a similar situation.Don’t forget that the Republicans also get to place someone on the ballot in November. This could become an interesting race. Continue Reading

Nine apply for Las Cruces district judgeship

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Nine applications were received by today’s deadline for the judicial vacancy on the Third Judicial District Court due to the recent resignation of Larry Ramirez.The District Judicial Nominating Commission will meet at 9 a.m. on Monday at the courthouse to interview the applicants.The applicants are:• Terri J. Abernathy• William R. Babington, Jr.• Frederick Kennon• William Michael Kinsella, Jr.• James T. Locatelli• Fernando R. Macias• Michael T. Murphy• Rita Nuñez Neumann• Melissa J. Reeves Continue Reading

New group seeks to reshape American politics by electing non-partisan presidential ticket

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There is a new movement whose supporters want to reshape the American political system.Unity08 is a group of citizens “deeply concerned that the wheels have come off our political system, that the American Dream is slipping away, and that time is short to get things back on track,” according to the movement’s Web site.What does that really mean? This is an impressively non-partisan group that includes some hefty members who are fed up with the Democratic and Republican parties alike and want to see change, now. They are committed to the election of a “Unity Ticket” in 2008 that includes a president and vice president from each party or who are members of other parties or independents.You might be thinking, “So what? There have been attempts to change the system before.”That’s what I thought the first time someone sent me a link to Unity’s Web site a few days ago. Then I got the link from another person. Continue Reading

Senator defends Majority Leader Sanchez

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I wrote earlier this week about a group of Democrats who are criticizing Senate Majority Floor Leader Michael Sanchez. Sen. Phil Griego of San Jose recently sent a letter to his Democratic colleagues complaining about Sanchez’s leadership.I received a call from one Democratic senator who supports Sanchez, saying he is “professional” and has cut down on personal attacks on the Senate floor.The senator said the group that opposes Sanchez is small and shrinking, and a challenge to his leadership, should one emerge, would fail.Still, the senator said, the debate is healthy.“It’s great to have enough differences that people are questioning,” the senator said. “But, I’m thankful that Michael is here. I think he’s a gentleman. I think he’s run the floor extremely professionally. Continue Reading

I submitted, on time, the correct voter ID information, but my card still arrived with errors

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I received yesterday, finally, my voter identification card. When I pulled the envelope from my mail box, I was excited and curious. Would mine contain mistakes, like so many others?My first clue came when I saw the yellow sticker at the bottom of the envelope indicating it had been forwarded from my old address. Why would they send it there, I wondered?Then I pulled my card out of the envelope. Surprise: The wrong address, precinct number and polling location are printed on the front. Continue Reading

Municipal judges sue city over ethics complaint, want reimbursement of more than $100,000

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Las Cruces’ two municipal judges have sued the city, seeking reimbursement for the cost of defending themselves against an ethical complaint filed in 2004 by the city attorney’s office.The lawsuit is part of an ongoing battle between the judges and the city attorney’s office over problems at the court. Because of the lawsuit, the city is trying to decide how to proceed with at least 33 pending drunken driving and domestic violence cases, in addition to future cases.The dispute began in 2004 when the judges, Melissa Miller-Byrnes and James T. Locatelli, complained to city management about the handling of cases by prosecutors and police. In a letter to the Las Cruces Sun-News that year, the judges said they were forced to “regularly dismiss cases because of prosecutorial incompetence committed by the police and prosecuting attorneys.”About the same time, Miller-Byrnes called Assistant City Attorney Richard Jacquez, in an interview with the newspaper, “a smart ass, a smart aleck who has interfered with the administration of justice.”The city attorney’s office reported the letter and Miller-Byrnes’ comment to the state’s Judicial Standards Commission, which asked the New Mexico Supreme Court to discipline both judges. How, the commission asked, could the public believe the judges were fairly handling cases being prosecuted by attorneys they said publicly were incompetent?The high court found that the letter to the Sun-News was appropriate, agreeing with the judges’ attorneys and ACLU that their speech was protected by the First Amendment and that they were acting as watchdogs.The court did chastise Miller-Byrnes for the “smart ass” comment, saying it was inappropriate.The lawsuit, which was filed in district court in Las Cruces three weeks ago, claims the complaints to the commission “were obviously filed in retaliation for the judges attempting to address problems with the city attorney’s office.” The judges’ attorney is Melissa Reeves of Las Cruces, who is one of seven applicants for the new district judgeship here.The judges formally asked the city in February to reimburse them for more than $100,000 in costs incurred while defending themselves against the complaint, which the lawsuit characterizes as “baseless,” with the exception of the “smart ass” comment. The request was formally presented to city council in closed session in April and, since then, “the city has failed and refused to provide a written decision,” the lawsuit states.The judges claim the city has paid for the legal defense of others accused of misconduct in the past, and the city’s failure to do so for them “is an arbitrary and capricious act constituting an abuse of official discretion,” the lawsuit states.In seeking reimbursement from the city, the judges claim the court, “as a separate and equal branch of government,” has the authority to use public funds in its budget to reimburse them, so the council’s failure to allow that “is a violation of the separation of powers doctrine.”The case was assigned on May 25 to District Judge Robert E. Robles, who recused himself the next day. Continue Reading

Magistrate Garza says admission of guilt was based on ‘economic reasons’

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Days after he was disciplined, Doña Ana County Magistrate Judge Carlos Garza appears to be backing off, to some degree, his admission to interfering in a case involving a woman with whom he had a personal relationship.In comments published today in the Las Cruces Sun-News, Garza said making the admission was the easiest way to resolve the issue without a costly legal battle.“The bottom line is I feel what I did was in the interest of justice,” Garza told the newspaper. “I know the difference between wrong and right in my job and I had to admit something for economic reasons.”He also said the discipline was light because “the facts were very convoluted.”The Supreme Court had some tough questions last week for Garza and the Judicial Standards Commission before accepting the discipline upon which the parties had agreed. When former Magistrate Susana Chaparro was disciplined last year for improperly involving herself in her son’s traffic case, justices said any incident in which a judge tries to influence another for personal reasons is unacceptable.The commission had to convince justices that the recommended punishment was sufficient, arguing that this was Garza’s first time being disciplined.Garza had previously admitted to improperly involving himself in the drunken driving case against a woman with whom he had a personal relationship. He admitted to contacting two other magistrate judges assigned to the case at different times to discuss it with them and, in at least one instance, asked one of them to set a low bond or no bond.Despite his comments about admitting guilt because of the costs associated with fighting the allegations, Garza also told the Sun-News he should not have had contact with one of those two judges about the case.Garza’s punishment includes a formal reprimand, six months supervised probation, formal mentorship and a $600 reimbursement of the cost of the commission’s investigation.Garza is the second judge in recent weeks to say his actions in a disciplinary matter were based on the costs of a battle. District Judge Larry Ramirez resigned earlier this month during a probe into allegations of sexual harassment and improper conduct in the courtroom.Ramirez wrote that the judicial discipline process is unfair because “the burden of proof is shifted to the accused” in announcing that he was resigning in part because of the expense of fighting the allegations.Garza told the Sun-News the process is “important and necessary,” but “can be improved.” Continue Reading

Governor’s office says school districts could have avoided teacher cuts

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I’ve written a couple of times about teacher layoffs in many school districts, and asked why the state didn’t prevent this from happening. Now the governor’s office is saying the fault isn’t with the state, but with the districts that are making cuts.Last week, the Moriarty school board approved its 2006-2007 budget, which includes the cutting of 17 teacher positions and eight other positions. The Santa Fe Public Schools laid off 37 teachers, and the Gadsden Independent School District cut 27 teacher positions. The Las Cruces Public Schools cut travel vehicle and other funds because of a $7 million shortfall, but avoided teacher cuts.I wrote previously that contributing factors were rising utility costs and a mandated 5 percent pay increase. But the governor’s office says cuts could have been avoided through better management.“When we consider Moriarty, remember that they’ve had a decline of 900 students over the last several years that went unaddressed,” spokesman Gilbert Gallegos said. Continue Reading

Citing election concerns, county commission creates task force

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Citing concerns about the way last week’s primary election was run and past election snafus, the Doña Ana County Board of Commissioners plans to set up an independent, non-partisan task force to review the operations of the county elections bureau.Commissioners were scheduled at a meeting today to certify the election results. Elections head Mari Langford informed them that the canvass wasn’t complete because the last information her office needed arrived from the secretary of state’s office only this morning.That elicited much criticism from commissioners.“We always, always, always seem to be behind everybody else,” Commissioner Bill McCamley said. “I don’t know who’s to blame. I don’t know, specifically, what we can do.”Langford responded by telling the commission that the county is not behind others. She’s right, according to state Elections Director Ernie Marquez. Continue Reading

Foley to propose death penalty for those convicted of two violent sex crimes against children

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There’s a proposal on the table to add some people convicted of sex crimes against children to the list of those eligible for the death penalty in New Mexico.Those convicted of a second, violent sex crime against a child would be the first non-murderers eligible for the death penalty in the state under a proposal announced Monday by Rep. Dan Foley, R-Roswell.Foley said he and Sen. Rod Adair, R-Roswell, will introduce the legislation in January. South Carolina and Oklahoma enacted similar laws last week, joining three other states that have already done so.“We were the last ones to pass Megan’s Law,” Foley said. “We have the chance to be one of the first states to pass this.”The federal Megan’s Law allows police agencies to notify the public of convicted sex offenders living or working in their communities. It was passed in 1996.One outstanding detail in Foley’s proposal is the definition of “violent.”“That’s the million-dollar question that we’re doing research on,” Foley said. “My opinion is that if you’re convicted of molesting a child for the second time, you should be eligible for the death penalty.”Foley said the proposal would stick with the state’s definition of a child as someone under the age of 18. Continue Reading