{"id":513,"date":"2006-08-28T00:09:00","date_gmt":"2006-08-28T06:09:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2006\/08\/garza-vows-to-fight-says-hes-acting-erratic-and-paranoid-because-people-are-out-to-get-me\/"},"modified":"2006-08-28T00:09:00","modified_gmt":"2006-08-28T06:09:00","slug":"garza-vows-to-fight-says-hes-acting-erratic-and-paranoid-because-people-are-out-to-get-me","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2006\/08\/garza-vows-to-fight-says-hes-acting-erratic-and-paranoid-because-people-are-out-to-get-me\/","title":{"rendered":"Garza vows to fight, says he’s acting erratic and paranoid because ‘people are out to get me’"},"content":{"rendered":"

\"\"<\/a>Do\u00f1a Ana County Magistrate Judge Carlos Garza says he has been acting \u201cerratic\u201d and \u201cparanoid\u201d lately not because he is using drugs but because \u201cpeople are out to get me without reason.\u201d <\/p>\n

<\/o:p><\/p>\n

Garza called me Saturday to respond at length to a host of allegations that threaten his future as a judge. He spoke quickly, saying his telephone battery might die, and did not allow questions.<\/p>\n

<\/o:p><\/p>\n

The Judicial Standards Commission has asked the New Mexico Supreme Court to immediately suspend Garza without pay, force him to undergo urine and hair tests for illegal drugs, and explain why he should not be held in contempt for refusing the commission\u2019s previous demand for the tests, which were sought because of allegations that Garza is using drugs. The court has not yet responded.<\/p>\n

<\/o:p><\/p>\n

Garza is already on suspension with pay until Nov. 3 while the commission conducts five separate investigations into other serious allegations. He is also on judicial probation after admitting earlier this year that he improperly involved himself in a drunken driving case against a woman with whom he had a personal relationship.<\/p>\n

<\/o:p><\/p>\n

In the interview, Garza again denied using drugs, and said some are out to get him because he stands up to unfair practices at the magistrate court \u2013 practices that have been put in place by former Magistrate Judge Caleb Chandler, who is tasked with helping clean up the mess at the court.<\/p>\n

<\/o:p><\/p>\n

\u201cThis is a plan they have to get rid of me, and I think it\u2019s wrong,\u201d Garza said. \u201c\u2026The reason I\u2019m in conflict is I\u2019m not willing to act like a sheep.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza said he was speaking with me because he has no other method of conveying his defense to the high court\u2019s justices.<\/p>\n

<\/o:p><\/p>\n

Chandler<\/st1:city> was first appointed by the high court in September 2003 to oversee the magistrate court in Do\u00f1a<\/st1:placename> Ana<\/st1:placename> County<\/st1:placename><\/st1:place> because of clashes between judges, disappearing case files and other issues.<\/p>\n

<\/o:p><\/p>\n

The Magistrate Advisory Committee of the Administrative Office of the Courts met with Garza in February because of allegations of drug use. Chandler<\/st1:place><\/st1:city> is a member of the committee. In its letter detailing the meeting with Garza, the committee noted that he was \u201copenly hostile\u201d to Chandler<\/st1:place><\/st1:city>.<\/p>\n

<\/o:p><\/p>\n

Garza said that\u2019s true.<\/p>\n

<\/o:p><\/p>\n

\u201cJudge Chandler is behind this,\u201d he said. \u201c\u2026I have every reason to be hostile to him. He has turned our court into a circus.\u201d<\/p>\n

<\/o:p><\/p>\n

Two clerks at the court have signed affidavits accusing Garza of misconduct. They claim his behavior has become increasingly erratic and paranoid in recent months, and that, while at work, he had white powder on his nostrils on two occasions.<\/p>\n

<\/o:p><\/p>\n

Garza said he has had problems with some clerks in the court because they have \u201cno respect, and it\u2019s perpetuated by Judge Chandler.\u201d<\/p>\n

<\/o:p><\/p>\n

Chandler<\/st1:place><\/st1:city> said he could not respond to Garza\u2019s attack.<\/p>\n

<\/o:p><\/p>\n

\u201cThe Judicial Code of Conduct prohibits judges from criticizing other judges,\u201d Chandler<\/st1:place><\/st1:city> said. \u201cI would hope that all judges would follow the Judicial Code of Conduct.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza also responded to the affidavits of both clerks, Nicole Gonzales and Melinda Gamboa. Several clerks have filed complaints against Garza in recent months, and both women accused Garza of saying he was going to retaliate against those court employees.<\/p>\n

<\/o:p><\/p>\n

\u201cMelinda Gamboa and I have had discussions, arguments, and when I say I\u2019m going to turn in other people, it\u2019s not retaliation, it\u2019s discretion and it\u2019s my right,\u201d Garza said.<\/p>\n

<\/o:p><\/p>\n

He said he has no problem with others holding him to a high standard, but he will do the same for them, calling that \u201cfair play.\u201d<\/p>\n

<\/o:p><\/p>\n

Gamboa also complained that Garza had his two children with him on the bench while he was ruling on cases on July 6. Garza said he gets \u201charassed every time I miss a day\u201d of work, even when his children are sick, but he did not directly address whether that allegation is true.<\/p>\n

<\/o:p><\/p>\n

Garza said Gonzales owes him $500 \u201cand she has avoided repaying it and I need my money.\u201d Garza said he plans to sue Gonzales for the money.<\/p>\n

<\/o:p><\/p>\n

He said the white powder both women reported seeing on his nostrils \u201clooked like powdered sugar from a donut. \u2026 If they had asked me to take a drug test that day, I would have.\u201d<\/p>\n

<\/o:p><\/p>\n

This isn\u2019t the first time Garza has made such a pledge. The Magistrate Advisory Committee reported in its letter that its members asked Garza to take a drug test. The committee claims Garza said he would do so \u201canytime, anywhere,\u201d but when asked to do it that afternoon, Garza said he would not do so without first speaking to his attorney or sister, who he claimed he could not reach.<\/p>\n

<\/o:p><\/p>\n

Garza said his statements show that Gonzales and Gamboa lack credibility.<\/p>\n

<\/o:p><\/p>\n

\u201cThey\u2019re very biased witnesses,\u201d Garza said. \u201cThey don\u2019t represent the entire court.\u201d<\/p>\n

<\/o:p><\/p>\n

In addition to attacking Chandler<\/st1:city><\/st1:place> and the two court clerks, Garza criticized Jim Noel, executive director of the commission, who he said has \u201cdouble-crossed me.\u201d<\/p>\n

<\/o:p><\/p>\n

Jose Arrieta, who had been representing Garza in the matters before the commission, recently withdrew as counsel. Garza said he decided to trust Noel to help him resolve the situation without legal representation. Noel, he said, has instead sought his suspension without pay.<\/p>\n

<\/o:p><\/p>\n

\u201cI have relied, to my detriment, on Jim Noel\u2019s good faith,\u201d Garza said. \u201c\u2026 He wants to cut off my legs so I can\u2019t defend myself.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza said he arrived Thursday in Albuquerque<\/st1:place><\/st1:city> to discuss a potential stipulated agreement with Noel. Such agreements could be compared to plea bargains in criminal matters. Garza was quoted in the Las Cruces Sun-News<\/a> as saying Noel asked him to resign, but he did not confirm that in his conversation with me.<\/p>\n

<\/o:p><\/p>\n

Garza said Noel told him, \u201cYou sign it now or forget it. \u2026 He said if I wasn\u2019t there to sign it, we had nothing else to talk about.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza also said an affidavit signed by Shariesse McCannon, a legal assistant at the commission\u2019s offices, contains \u201cmisleading statements\u201d and \u201cselective information.\u201d McCannon\u2019s affidavit supports statements in Noel\u2019s filing with the high court about conversations with Garza concerning the order to take drug tests.<\/p>\n

<\/o:p><\/p>\n

Garza said he requested an extension to the commission\u2019s Aug. 17 order that he take the drug tests within 24 hours, and also \u201cquestioned their jurisdiction.\u201d The commission rule allowing such orders says judges must comply only if the order is \u201creasonable,\u201d Garza said. He said the commission has not responded to his request.<\/p>\n

<\/o:p><\/p>\n

But the commission rule related to medical examinations doesn\u2019t use the word \u201creasonable.\u201d It states that the commission can order any exam it \u201cdeems necessary.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza said he won\u2019t speak with the commission again until he has a new attorney, but later said even if his pay is taken away, he will defend himself without an attorney.<\/p>\n

<\/o:p><\/p>\n

Noel made one statement in response to Garza\u2019s comments.<\/p>\n

<\/o:p><\/p>\n

\u201cMy office and I have treated him with the utmost respect and the utmost dignity, and we will continue to do so,\u201d Noel said. \u201cI can\u2019t get into any discussions about stipulated resolutions in this matter, because it\u2019s wholly inappropriate to do so.\u201d<\/p>\n

<\/o:p><\/p>\n

In speaking publicly about the proposed agreement and other proceedings before the commission, Garza may be violating rules of the commission and, possibly, the clause in the New Mexico Constitution that states that all proceedings before the commission \u201care confidential.\u201d But Garza said he has to speak out.<\/p>\n

<\/o:p><\/p>\n

\u201cI\u2019m very upset,\u201d Garza said. \u201c\u2026 I\u2019m not going to be harassed, and I\u2019ve been harassed far too long. This is very embarrassing, that they did this to me, and it\u2019s very misleading.\u201d<\/p>\n

<\/o:p><\/p>\n

Garza also reiterated what he has said previously about the incident involving the drunken driving case against a woman with whom he had a personal relationship. He said he admitted to misconduct in that case \u201cout of financial need.\u201d<\/p>\n

<\/o:p><\/p>\n

\u201cI am rather confident that I did nothing wrong,\u201d he said.<\/p>\n

<\/o:p><\/p>\n

As to the five other investigations that led to Garza\u2019s suspension with pay, Garza said he has filed with the high court \u201ca solid defense on all those items, as solid as a rock.\u201d That case, including Garza\u2019s response, has been sealed by the high court.<\/p>\n

<\/o:p><\/p>\n

Garza said he plans to file ethical complaints against Chandler<\/st1:place><\/st1:city> and Noel.<\/p>\n

<\/o:p><\/p>\n

\u201cI will file every complaint possible,\u201d he said.<\/p>\n

<\/o:p><\/p>\n

Garza also said he is a good judge and has heard \u201c2-3 times (the number of cases heard by) the other judges.\u201d<\/p>\n

<\/o:p><\/p>\n

\u201cNow if I\u2019m an incompetent judge, how could I have cleared that many cases?\u201d Garza asked. <\/p>\n","protected":false},"excerpt":{"rendered":"

Do\u00f1a Ana County Magistrate Judge Carlos Garza says he has been acting \u201cerratic\u201d and \u201cparanoid\u201d lately not because he is using drugs but because \u201cpeople are out to get me without reason.\u201d Garza called me Saturday to respond at length to a host of allegations that threaten his future as a judge. He spoke quickly, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-513","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/513","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=513"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/513\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=513"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=513"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=513"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}