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

Some Senate Dems want to oust majority leader

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First there was news of a challenge to Speaker of the House Ben Lujan’s grasp on his leadership position. Now some Senate Democrats are ready to take on Majority Floor Leader Michael Sanchez.Sen. Phil Griego of San Jose has sent a letter to at least some of his Democratic colleagues complaining about the leadership of Sanchez. Though he apparently didn’t directly call for Sanchez’s ouster, sources tell me that’s exactly what’s going on.It’s too early to tell whether there are enough votes to remove Sanchez. One source told me only about one-fourth of Senate Democrats would support his ouster; another source told me the number is about half.Doña Ana County residents might remember Sanchez as a legislator who, in 2005, spread what prosecutors called untruths about a bill that toughened the penalty for child abuse resulting in death. The bill came in response to the seven abuse deaths of children in the county in a 3 ½-year span.Sanchez, a criminal defense attorney, was one of a few legislators who convinced many colleagues that parents could be prosecuted under the proposed change if their child died in an accident or was abused without their knowledge.Sanchez’s mistruths almost killed the bill, until the attorney general’s office spoke up and said he was wrong. Continue Reading

High court accepts discipline of Magistrate Garza

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The New Mexico Supreme Court formally disciplined Doña Ana County Magistrate Judge Carlos Garza last week after he admitted to interfering in a case involving a woman with whom he had a personal relationship.Garza and the Judicial Standards Commission had already agreed to a formal reprimand, six months supervised probation, formal mentorship and a $600 reimbursement of the cost of the commission’s investigation, but the agreement awaited high-court approval.Late last week, justices approved the agreement, but not before asking some tough questions of Garza. He is the third judge from Doña Ana County to be disciplined in recent months for improperly involving himself in a case in which he had a personal interest.The other two, Magistrate Judge Susana Chaparro and District Judge Larry Ramirez, resigned from the bench after other allegations came to light.Garza admitted to improperly involving himself in the drunken driving case against the woman. He contacted 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. Continue Reading

Moriarty school board cuts 25 positions

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The Moriarty school board approved late last week its 2006-2007 budget, which includes the cutting of 17 teacher positions and eight other positions.Teacher positions have also been cut in the Gadsden and Santa Fe districts. Las Cruces avoided cutting teacher positions by making other budgetary cuts.I’ve said this before and I’ll say it again: This budget crunch, largely attributed to rising energy and construction costs, must have been foreseen. It’s sad that state government had such a huge surplus of money this year and did nothing to prevent the cutting of teacher positions. Class sizes need to be shrinking, not growing. Continue Reading

Richardson visits bloggers in Vegas, but travels less than Johnson did; plus, campaign heating up

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Gov. Bill Richardson was one of several potential Democratic presidential candidates who attended an annual gathering of the nation’s most popular liberal bloggers last week.Richardson addressed the YearlyKos Netroots Convention in Las Vegas, Nev. on Friday, then gave individual interviews to some bloggers.“I see you guys as agents of advocacy — that’s why I’m here,” Richardson told the group, according to a columnist for the New York Times.The Times’ columnist wrote that “the blogosphere has become for the left what talk radio has been for the right: a way of organizing and communicating to supporters.”That’s not true for all of us. I try to stay non-partisan. But most national political blogs are liberally slanted.Richardson and the other Democrats in attendance at the blogger conference should be commended for recognizing the growing importance and influence of blogs, which are becoming for many more trusted news sources than mainstream media outlets. More Republicans would do well to get on board.Friday’s travel to Nevada resulted in one of 159 days since he took office that Richardson has been out of the state, according to a Sunday article in the Albuquerque Journal. Continue Reading

State doesn’t plan to seek charges against Vigil at this point

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The spokeswoman for Attorney General Patricia Madrid says the state has no intention of indicting former Treasurer Robert Vigil at this point.The state announced today the indictments of four others in the massive treasurer’s office scandal, based on their testimony against Vigil in federal court. But that trial ended with a hung jury, and the feds intend to retry Vigil.“We do not intend to do anything to interfere in any way with the federal case,” spokeswoman Sam Thompson said.She made no promises about what happens after that case concludes.Indicting the others won’t affect the case because their sworn testimony is already on record and can be used even if they refuse to testify at Vigil’s second trial.When asked about the talk by some that this is a political ploy, Thompson pointed out that the four who were indicted admitted to breaking the law by abusing state taxpayer money. In doing so, they destroyed the credibility of state government.“We needed to prosecute,” Thompson said. “We feel we were just fulfilling our duty.”Madrid is trying to unseat U.S. Rep. Heather Wilson, R-N.M. this year, and has been plagued during the campaign by allegations that she failed to investigate the treasurer’s office and stop the corruption there years ago. Continue Reading

BREAKING NEWS: Four who testified against former Treasurer Robert Vigil indicted on state charges

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Those who testified in federal court last month against former state Treasurer Robert Vigil, including Vigil’s predecessor Michael Montoya, were indicted on a host of state charges Friday.The indictments were based on their testimony. None received immunity from Attorney General Patricia Madrid before testifying, according to a news release.“From the sworn testimony of Michael Montoya, Kent Nelson, Angelo Garcia and Leo Sandoval, we see a history of complete disregard for the public trust and a lack of professional responsibility,” Attorney General Patricia Madrid said. “In his testimony, Michael Montoya described soliciting and accepting bribes from those who wanted to do business with the state. The actions of Montoya, Nelson, Garcia, and Sandoval erode public confidence in our state government, and they should therefore be held accountable by the state for their numerous violations of state law.”Madrid also pledged to seek restitution from those indicted.This will certainly be spun by some as a political move. Madrid is trying to unseat U.S. Rep. Heather Wilson, R-N.M. this year, and has been plagued during the campaign by allegations that she failed to investigate the treasurer’s office and stop the corruption there years ago.But one source defended Madrid and told me that it was stupid of the attorneys for those indicted today to not insist on state and federal immunity in exchange for their testimony in federal court.“Shame on the lawyer for Montoya,” the source said.Vigil was not indicted on state charges in the massive public corruption investigation. Continue Reading

Two more border crossers die in New Mexico as Guard begins work

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National Guard troops will begin their border operations this weekend in New Mexico. About 150 will be training in the desert west of Columbus, KVIA is reporting. And some of them will be armed, the El Paso Times reports. The Guard’s spokeswoman says the firearms will be used “if they need to defend themselves.”Meanwhile, the bodies of two more immigrants were found in the Southern New Mexico desert yesterday, the Times reports. That brings the total number of deaths this year in the El Paso sector, which includes New Mexico, to 31, equaling the number of deaths for all of last year.The hot months are yet to come.As the other border states have cracked down on illegal immigration, the desert between Santa Teresa and Antelope Wells in New Mexico has been flooded with immigrants, ranchers and others along the border have told me.Now we have soldiers with guns watching them. Continue Reading

Blog posting format changing to bring you news faster

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I want to tell you about a change in the format of Heath Haussamen on New Mexico Politics.I started in March by posting news updates in a group once each day, and sending out one e-mail to subscribers with the day’s headlines.As I continue to get out of the mindset of working for a newspaper that publishes once daily, I am realizing that a major benefit of the internet is that I can bring you news faster and more frequently.I have gradually been transitioning into posting updates more frequently, so you can get the news more quickly.Starting this week, I will no longer do a nighttime posting that includes several news items. Instead, I plan to post several times each day and provide news as soon as it is ready.If you want to visit the site once each day, the news will still be available at the time you’re accustomed to reading it. The change will also allow those who want to check the site more frequently to get more immediate news updates.Those of you who subscribe to my blog will now receive e-mail updates toward the end of each day and as breaking news happens.If you’re interested in subscribing, you can sign up by entering your e-mail address in the subscription box in the column on the right side of this page.Thanks for reading! Continue Reading

It will take more than money to get Americans interested in politics

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The New Democrat Network announced Thursday that it’s spending $2 million on radio and television ads that will urge Hispanics to get involved in politics, the Associated Press reported.The commercials are running during the World Cup soccer games in 70 markets, including Albuquerque.I’m going to go out on a limb here and call this a complete waste of money, unless it’s backed up with action. I’m sick of Democrats and Republicans spending a ton of money to tell certain groups (Hispanics, Blacks, women, gays, veterans, whoever) that they should join a political party or organization, then not backing up the words in the commercials.Here’s an idea for both parties: Instead of saying you’re inclusive and care about the issues that are important to Americans, why don’t you take meaningful action on those issues?Both parties might think they are doing just that. If that were true, more people would vote.And we would already have real campaign finance reform. And immigration law reform. And health care reform. Continue Reading

South-county politicos mend fences with and host fundraiser for Richardson

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A couple of years ago, residents of Sunland Park burned Bill Richardson campaign T-shirts in front of television cameras.They were protesting the governor’s push for a settlement to a long standing battle between Sunland Park and Doña Ana County over control of the area’s water. Many felt the settlement he backed gave too much to the county and developers and nothing to the city.How times have changed.The county and city worked out an agreement most viewed as beneficial after former Sunland Park Councilor Dolores Saldaña-Caviness and Las Crucen Bill McCamley joined the county commission in 2004. A joint authority now oversees development in the Santa Teresa area along the border, and the two governments are working well together.Now Sunland Park Mayor Jesus “Ruben” Segura and Caviness, along with State Sen. Mary Kay Papen and State Rep. Mary Helen Garcia, are hosting a fundraiser for Richardson on June 14 at the Sunland Park Racetrack and Casino.Papen and Garcia are among the more conservative Democrats in the state and have also been at odds with Richardson at times. In the last session, a higher percentage of Papen’s capital outlay money was vetoed by the governor than that of most Democrats.Segura said the situation is now different.“As that moment in time, the people of Sunland Park and elected officials were concerned,” he said of the T-shirt incident. “We have mended our ways. Continue Reading

South-county Democrats beat northerners in magistrate judge race

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Behind the magistrate judge Division 3 primary earlier this week was a battle between the south-county Democrats and their counterparts from the north.Ultimately, Olivia Garcia, the south-backed candidate, beat Maria Rodriguez and her northern supporters with about 60 percent of the vote.The race got a bit nasty at the end. Though neither candidate went on the attack (it’s a bit difficult with the judicial code of conduct and all), a few of Garcia’s signs were knocked over and Rodriguez’s face was cut out of some of her signs.Here’s the history:Garcia was appointed to the position last year by Gov. Bill Richardson after Magistrate Judge Reuben Galvan resigned. Rodriguez held a different magistrate judge seat briefly in 2004. Richardson appointed her after the resignation of Anne Segal.Two days after Richardson appointed Rodriguez, the county Democratic Party picked Richard Silva over Rodriguez to run for the position in the November 2004 election. Sources tell me that was done because Richardson didn’t consult the county party before making his choice. Continue Reading