{"id":573,"date":"2006-09-13T00:10:00","date_gmt":"2006-09-13T06:10:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2006\/09\/scrutiny-might-change-judicial-discipline-process\/"},"modified":"2006-09-13T00:10:00","modified_gmt":"2006-09-13T06:10:00","slug":"scrutiny-might-change-judicial-discipline-process","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2006\/09\/scrutiny-might-change-judicial-discipline-process\/","title":{"rendered":"Scrutiny might change judicial discipline process"},"content":{"rendered":"

\"\"<\/a>This is the third in a series of articles running this week that will examine whether the judicial discipline process is fair to judges accused of misconduct. For additional articles and more information, visit the home page for this special report by clicking <\/span>here<\/a>.<\/span> <\/p>\n

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

The increase in the Judicial Standards Commission\u2019s<\/a> funding and activity has led to scrutiny that could result in changes to the system for holding judges accountable to the Code of Judicial Conduct<\/a>.<\/p>\n

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

State Rep. Joseph Cervantes<\/a>, D-Las Cruces<\/st1:city><\/st1:place> and co-chair of the Legislative Courts, Corrections and Justice Committee, said recent events raise questions about the function and authority of the commission, and he believes it\u2019s time to examine the situation. The committee, which he co-chairs, will discuss the matter at a meeting<\/a> Thursday afternoon in Las Cruces<\/st1:city><\/st1:place>.<\/p>\n

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

Those who will take part in the discussion with legislators include state Supreme Court<\/a> Chief Justice Richard Bosson, three commission members, Commission Director Jim Noel, and the attorneys who represented former Judges Susana Chaparro<\/a> and Larry Ramirez<\/a> in their dealings with the commission.<\/p>\n

\u201cThe concern here is placing too much power in the hands of a small body that does much of its work in secret,\u201d Cervantes said. \u201cWe need to make sure that the public\u2019s role is protected and that the judges remain accountable to the public, and not just a group that works in secret.\u201d<\/p>\n

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

Bosson is a defender of the current disciplinary system for judges. He notes that voters created the commission in the 1960s with a constitutional amendment, and the system hasn\u2019t changed much since then.<\/p>\n

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

\u201cThis was the will of the people some 40 years ago,\u201d Bosson said. \u201cI think it\u2019s a good system. \u2026 I think it does do something to restore the people\u2019s faith in the system.\u201d<\/p>\n

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

But, he added, any system can be improved.<\/p>\n

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

It was the public that decided much of the work of the commission would remain secret. The constitutional amendment<\/a> that establishes the commission requires that all inquiries handled by the commission remain confidential unless the commission asks the high court to act.<\/p>\n

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

If, following an inquiry, the commission doesn\u2019t ask the high court to discipline a judge, details of that investigation never become public. The intent is to protect judges and the judiciary against scandal that could result from baseless allegations.<\/p>\n

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

But Cervantes said he is concerned that judges are leaving the bench under threat of action by the commission during a secret investigation. Because, at that point, no documents have been filed with the high court, the protection inherent in public scrutiny does not exist, he said, but judges are faced with the possibility of having to craft legal defenses and, if they choose to hire attorneys, spend a lot of money.<\/p>\n

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

Chaparro resigned in March and agreed to never again seek judicial office as part of a stipulated agreement with the commission. In exchange, the commission dropped seven outstanding cases against her. The details of most of those inquiries remain secret because Chaparro and the commission negotiated the settlement behind closed doors.<\/p>\n

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

The only public filing in the case is the stipulated agreement. To become official, such agreements must be approved by the high court and, when they are filed with the court, become public.<\/p>\n

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

The agreement in Chaparro\u2019s case was accepted by the high court.<\/p>\n

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

Cervantes said in most instances it should be up to voters, not the commission, to force judges from office.<\/p>\n

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

\u201cIt should be difficult to remove a judge because of the nature of their difficult positions,\u201d he said.<\/p>\n

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

Cervantes said the legislative hearing is designed to be \u201ca forum for potential improvement in procedures\u201d of the commission, in addition to an educational session. The commission has never come before this legislative committee.<\/p>\n

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

Noel said he sympathizes with Cervantes\u2019 concerns about secret proceedings.<\/p>\n

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

He said the commission will keep cases confidential as long as it\u2019s required, but at times he has \u201cmixed feelings\u201d about doing that. He said there have been times when he thought the public should know about allegations that remained secret, but there are other times when allegations should remain secret because they are baseless and would harm a judge\u2019s reputation.<\/p>\n

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

A pending lawsuit<\/a> in federal court in Albuquerque<\/st1:place><\/st1:city> challenges the confidentiality of the commission\u2019s inquiries. Attorney Stuart Stein, in a lawsuit filed Dec. 30, 2005, claims he has filed a complaint with the commission against an unspecified district judge in Albuquerque<\/st1:city><\/st1:place> who he says \u201ccontinually violated state law and the rules of procedure\u201d in cases involving Stein\u2019s clients.<\/p>\n

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

Commission rules<\/a> and the secrecy clause in the New Mexico Constitution require Stein to keep secret the complaint he filed, his own testimony, should any be taken, and any knowledge he has about the portions of the proceedings that are secret. Stein says that violates his First Amendment right to free speech guaranteed by the U.S. Constitution.<\/p>\n

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

\u201cShould (Stein) want to complain publicly about a white-wash or corrupt investigation leading to a dismissal of his complaint, he is subject to contempt or professional sanctions for the exercise of his First-Amendment rights,\u201d states one of Stein\u2019s court filings.<\/p>\n

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

The commission\u2019s position is that that Stein can make the same allegations publicly that he makes in his complaint to the commission. What he can\u2019t do is release or discuss publicly the fact that he has filed a complaint or details about secret proceedings that result.<\/p>\n

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

U.S. District Judge Judith C. Herrera <\/b><\/span>has denied one motion by the commission to dismiss the complaint and is currently considering a second motion to dismiss.<\/p>\n

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

In addition to Stein\u2019s challenge and the legislative evaluation, Noel said his office plans a review of the commission\u2019s rules in the near future. Like any state rules changes, proposals will have to be presented at public hearings and undergo scrutiny before they are implemented.<\/p>\n

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

\u201cWe are taking a serious and hard look at our rules, and we will be undergoing a revision,\u201d Noel said.<\/p>\n

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

The scrutiny of the rules review, federal lawsuit and legislative hearing will likely lead to changes to commission rules, and could lead to proposed statutory or constitutional changes to the powers and duties of the commission.<\/p>\n

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

In the meantime, the commission has the support of the state\u2019s executive and judicial branches and, judging by approval of funding requests, the majority of legislators. Noel said the commission will continue to do the job with which it is tasked.<\/p>\n

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

\u201cThis governor is committed to accountability in government,\u201d he said. \u201cThe legislature has been very supportive and the governor has been very supportive.\u201d<\/p>\n

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

For additional articles and more information, visit the home page for this special report by clicking here<\/a>.<\/p>\n

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

<\/span>This article, like all posted on <\/span>Heath Haussamen on New Mexico Politics<\/a>, is copyrighted (\u00a9 2006) by Haussamen Publications, Inc., and is not to be republished without permission.<\/span> <\/p>\n","protected":false},"excerpt":{"rendered":"

This is the third in a series of articles running this week that will examine whether the judicial discipline process is fair to judges accused of misconduct. For additional articles and more information, visit the home page for this special report by clicking here. The increase in the Judicial Standards Commission\u2019s funding and activity has […]<\/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-573","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/573","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=573"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/573\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=573"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=573"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=573"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}