Garza claims he passed urine test, but has not released results to commission or taken hair test

Posted 8/31/2006 04:43:00 PM

Carlos Garza claims he has passed the drug test he took 10 days ago.

The suspended Doña Ana County magistrate judge said he received the results today of a urine test he took Aug. 21.

“The results were negative,” Garza said. “I do not have drugs in my system.”

The commission filed last week a petition asking 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’s previous demand for the tests, which were sought because of allegations that Garza is using drugs.

Garza is already on suspension with pay until Nov. 3 while the commission conducts five separate investigations into other serious allegations. In addition, he was placed 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.

The high court had already sealed the file involving the other five investigations but, before today, filings in the case involving drug allegations were public. The high court sealed that file today.

The commission made two additional filings today, but the details are now secret.

The high court has scheduled a hearing on matters involving Garza for 9 a.m. on Sept. 20 in Santa Fe.

Garza had been ordered by the commission on Aug. 17 to undergo urine and hair testing for illegal drugs within 24 hours and to sign a waiver allowing the commission access to the results. Garza did not do that. The commission accuses him of intentionally avoiding service of the order and of violating the order, while Garza claims a series of mishaps and other circumstances led to the current situation.

Regardless, Garza says he took two urine tests on Aug. 21, four days after the commission ordered testing – a “rapid results” test, which he passed but learned after he had already paid for it was not admissible in court, and a second, more accurate test. It was the results of that test he received today.

Garza did not sign a release granting the commission access to the results, and he has not taken a hair test.

When asked, Garza would not say he won’t take the hair test, and he did not say he is waiting to see whether the high court orders it. He did say that hair tests “are not reliable.”

I should note that the state’s Children, Youth and Families Division uses hair tests to monitor parents who have had drug problems and are trying to regain custody of their children.

Garza questioned whether the commission, because of his right granted by the U.S. Constitution to be free of unreasonable search and seizure, has the authority to order hair tests for drugs. The state’s high court, in a June 16, 2004 order, stated that the commission has the authority to order judges under investigation to “submit to drug testing” in accordance with state personnel rules.

But Garza believes that might violate his rights.

“I, Carlos Garza, as a judge, took an oath to uphold the United States Constitution and the Constitution of New Mexico. Those constitutions have rights for those who are accused,” Garza said. “They’re rights that have been taken away from me.”

Garza said “it’s actually in my benefit” that the high court has not yet ruled on the commission’s most recent petition. Some have expressed surprise: If there are drugs in Garza’s system, they are expiring while the commission awaits an order from the court.

Garza compared the situation to the theory of many trial-law attorneys that, the longer a jury deliberates, the more likely the outcome will favor the defendant.

However, Garza acknowledged, the court could rule either way.

“We’ll see what they decide,” he said. “That is entirely their choice.”

Richardson giving money in New Hampshire, allegedly to aid New Mexico re-election campaign

Posted 8/31/2006 03:03:00 PM

There’s more news on the Bill Richardson presidential campaign trail today.

His gubernatorial campaign has started a “Richardson for Governor” political committee in New Hampshire.

Bet you thought he was running for governor of New Mexico, right?

Right. That’s because he is.

So what’s this committee doing in New Hampshire?

According to the committee’s treasurer, Richard Bouley of Concord, N.H., “It was set up if he wants to give to candidate committees here.” That’s according to Steve Terrell of the Santa Fe New Mexican, who wrote today about the committee.

Bouley said the committee has, thus far, given $2,500 to the New Hampshire Senate Democratic Caucus, Terrell reported.

The blog New Mexico Matters has posted a copy of the document filed by committee in New Hampshire, which you can read by clicking here.

According to the document, the committee formed on Aug. 7, 2006. Its chairperson is David Contarino, the chair of the governor’s re-election campaign in New Mexico.

Bouley told Terrell the committee isn’t a precursor to a presidential committee, saying Richardson “has not announced he’s running for president.”

This one’s a bit to flagrant for my taste. Why would the Richardson for Governor campaign want to give money to anyone in New Hampshire? Why would it want to give money to anyone except other Democrats in New Mexico who might, in turn, aid in his re-election campaign?

There’s a reason current events and politics in New Hampshire aren’t mentioned on Richardson’s campaign Web site. They have nothing to do with his re-election campaign.

This is ridiculous at best and flagrant at worst. Shouldn’t there be campaign laws against this sort of thing?

What purpose would such a committee serve other than setting the stage for a presidential run? If it’s not that, is he setting up such committees in all 50 states? Or is it just in the state where he needs to garner the support to get a presidential campaign off the ground?

Richardson re-election mailers sound like he's running for national office

Posted 8/31/2006 10:12:00 AM

Bill Richardson is talking about national politics to people all across America under the guise of being re-elected New Mexico governor.

His re-election campaign has mailed thousands of fundraising letters that, according to the Albuquerque Journal, “at times read like they came from a national office seeker.”

He blasts the Bush administration and promotes his own work on national and international issues. Three times in the letter, according to the Journal, he tells potential donors, “I promise you I can show America a better way.”

“My name is Bill Richardson and I’m a Democrat who’s not afraid to talk about what we Democrats stand for and what we have to do to turn our country around,” the letter states.

Richardson’s re-election campaign chair, Dave Contarino, told the Journal that, “If you’re running in New Mexico, but you’re talking to a national audience, you have to address national issues.”

How convenient.

“I’m writing to you because George Bush and the GOP smear machine have targeted me for defeat and I urgently need your help to fight off their attacks,” Richardson states in the letter, according to the Journal. “They know I can call them on their incompetence and show them how a real leader – a Democratic leader – can address our nation’s problems.”

Here’s where it gets really interesting: Dendahl told the Journal that national Republican leaders are not targeting Richardson, but he wishes they would. He has only $130,000 in the bank and said no national Republican groups have committed money to his campaign. Richardson has some $5 million.

“I remain hopeful,” Dendahl told the Journal.

While Dendahl works, thus far in vain, to make a dent in Richardson’s fundraising and popularity, Richardson was in Arizona on Tuesday and Ohio on Wednesday to campaign for candidates and garner national attention, according to another article in the Journal. He’s been all over the nation campaigning for other Democratic governors and gubernatorial candidates and members of Congress and congressional hopefuls.

Richardson is demonstrating that he’s so unconcerned about being re-elected here that he has time to win while also leading his colleagues across the nation to victory.

If Democrats like Richardson that much, he probably should be running for president.

There’s another question that should be asked: If Richardson is so influential, why aren’t the national Republicans targeting him by giving Dendahl more money?

Auditor's independence is critical to government

Posted 8/31/2006 06:23:00 AM

Of all government officials, it’s most important that the state’s auditor be independent. He or she is charged with holding the rest of government in the state accountable. Wrongdoing by government officials is often first revealed by the auditor’s office.

Domingo Martinez has demonstrated the highest ethical standards in his eight years as state auditor. Though he’s a registered Democrat, it hasn’t shown. Audits by his office have revealed faulty practices and wrongdoing, regardless of the political affiliation of those being investigated.

The situation in this year’s race to replace Martinez, and a proposal of the governor’s ethics task force, should be considered with this is mind.

The Democrat’s former candidate for state auditor, Jeff Armijo, dropped out of the race earlier this week as prosecutors in Albuquerque are reviewing allegations that he made unwanted sexual advances toward a campaign volunteer. His party’s state central committee is set to put someone else on the ballot on Sept. 9.

So the Democrat’s candidate for auditor is going to be selected not by voters from his party, but by a couple hundred party insiders.

The Republican candidate is in the same position. The day that party’s insiders, at a secret meeting in Albuquerque, accepted the withdrawal of J.R. Damron and tossed John Dendahl into the race for governor, they also accepted the withdrawal of auditor candidate Daniel Alvarez and placed Lorenzo Garcia on the ballot.

I’m not saying Garcia or the candidate picked by the Democrats can’t be independent of their parties. But we all know how politics go: There will be those in both parties who expect, if their candidate is elected, some sort of favors because they were involved in helping him or her get elected.

We can only hope at this point that both candidates have the utmost integrity and will rise above party politics.

The ethics task force, meanwhile, is going to recommend to Gov. Bill Richardson that he propose, in the upcoming legislative session, a constitutional amendment that would have the treasurer and auditor become appointed, instead of elected, positions.

I can see how this would be an improvement where the treasurer is concerned, but is it really they way the auditor should be selected?

Granted, voters picked Robert Vigil to be auditor before Martinez. They got it right one out of the last two times.

But the auditor must be independent, accountable only to the voters. What if an auditor appointed by the governor was asked to investigate allegedly illegal hiring practices of the governor, who would have the authority to fire him? Considering that those allegations have been made against Richardson, it’s a scenario that’s all too real.

The voters trust their auditor and attorney general to hold the state’s leaders accountable. It would ultimately be up to voters to decide whether to change the constitution and hand the responsibility of picking an auditor to the governor.

I’m not saying it’s a bad idea. I’m saying the task force, governor, lawmakers and voters should consider it very carefully before making a decision.

BREAKING NEWS: President declares county a federal disaster area

Posted 8/30/2006 04:51:00 PM

President George Bush has officially declared a federal disaster in Doña Ana County due to recent flooding.

The Federal Emergency Management Agency officially notified Gov. Bill Richardson of the decision this afternoon, Richardson’s office said in a news release. Richardson is on his way to Washington, D.C. this evening to plead to a similar declaration for Otero County.

“This means relief is on the way for residents who are struggling to take care of their families and businesses and get back on their feet,” Richardson said. “I am grateful the president and FEMA recognize the extensive damage caused by heavy rain and flooding in Hatch and other communities in Southern New Mexico. However, I want the people of Alamogordo and Otero County to know I’ll keep fighting to get assistance for them as well.”

The presidential disaster declaration will make all qualified homeowners, business owners, and renters in Doña Ana County eligible for assistance from the federal government. FEMA may be able to provide temporary housing, repair, replacement and permanent housing construction to qualified households, and help with other needs, such as disaster-related medical or dental costs, clothing, household items, tools, cleanup items, damaged vehicles or other necessary expenses or serious needs as determined by FEMA.

In Hatch, as many as 402 homes have been affected. The majority of the village was left underwater on Aug. 15 after a breached arroyo sent mud and excessive water through neighborhoods and the business district. Other communities, including Sunland Park and Chaparral, have also been affected, and the rains have continued this week.

Magistrate Garza apparently planned to resign until allegations of drug use became public

Posted 8/30/2006 03:58:00 PM

Embattled Doña Ana County Magistrate Judge Carlos Garza was apparently prepared to resign until the Judicial Standards Commission made public last week allegations that he may be using drugs.

The commission filed a week ago a petition asking 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’s previous demand for the tests, which were sought because of allegations that Garza is using drugs. The court has not yet responded.

Garza had already been placed on suspension with pay until Nov. 3 while the commission conducts five separate investigations into other serious allegations. In addition, he was placed 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, though Garza claims his probation has been put on hold while he’s on suspension.

Records released by the commission, statements made by Garza and a response he filed today with the court (which you can read by clicking here), reveal that Garza was prepared to end the trouble in which he found himself by calling it quits.

Garza’s troubles first became public in May, when he admitted to the allegation involving the woman’s drunken driving case. In June, he said that admission was based on “economic reasons” and added that he did not believe he had done anything wrong. He later skipped the deadline to pay a $600 fine in that case, then paid the fine a week later after the commission filed a motion with the high court asking him to explain why he should not be held in contempt.

Matters got worse for Garza last month, when the commission sought his immediate suspension with pay based on allegations that resulted in five separate investigations by the commission. The high court sealed that file, so most details aren’t known publicly, but some can be inferred from a later court filing. (You can read about that by clicking here.)

The court placed Garza on suspension through Nov. 3 with pay while the commission investigated.

But the commission was also conducting a sixth, separate investigation into allegations that Garza was using drugs. On Aug. 17, the commission issued an order requiring him to undergo drug testing within 24 hours. That didn’t happen, and the commission accuses Garza of willfully evading service of the order and violating the order. Garza, in today’s filing, blamed his failure to comply on a series of mishaps and other circumstances.

With problems beginning to stack up against him, Garza began discussing a stipulated agreement with Noel that would result in his resignation. Garza has said publicly that Noel asked him to resign.

And, according to today’s filing, Garza agreed last week to “go to Albuquerque in good faith and possibly resolve all matters in which Noel agreed to recommend (Garza) would be paid through suspension period until Nov. 3^rd, 2006.”

Garza went to Albuquerque on Thursday to meet with Noel. Multiple sources have told me Garza told them he was going to sign an agreement that he would resign upon the completion of his suspension.

Noel filed the commission’s request asking the high court to order the drug testing and suspend Garza without pay just before 5 p.m. the day before Garza traveled to Albuquerque. Garza told me he learned of the filing when I called him Thursday morning to ask about it.

At that point, Garza would have been on his way to Noel’s office.

At the meeting, Garza claims, Noel asked him to sign a statement that he had conferred with an attorney before signing the agreement, which Garza says he had not done. He claims he asked to take a copy of the agreement to share with an attorney, and Noel told him, “You sign it now or forget it. … He said if I wasn’t there to sign it, we had nothing else to talk about.”

Garza apparently refused to sign. He later told me he is “very upset” and going to fight.

In today’s filing, Garza reiterates allegations he made in an interview with me this weekend that Noel and Caleb Chandler, the former magistrate judge currently assigned to help the court in Doña Ana County, have engaged in improper conduct.

He accuses Chandler of “orchestration” of the allegations which led the commission to order Garza to undergo drug testing, and says Noel has “allegedly violated multiple rules.” (You can read Garza’s prior comments to me by clicking here. Because they’re similar to the statements Garza makes in today’s filing, I’m not going to rehash most of the details.)

Noel can’t talk about negotiations the state constitution dictates are secret, but had this reply to the response Garza filed today.

“I think Judge Garza’s response speaks for itself, and it wouldn’t be appropriate for me to discuss it further here since it is part of an open matter before the Supreme Court. Obviously we disagree with many of the characterizations Judge Garza made, but we respect his right to respond to the Supreme Court in the manner he believes is appropriate and that best represents his position. All of our interactions with Judge Garza are well-documented, and we will be fully prepared to address any issues the Supreme Court wants to have addressed,” Noel said. “I will reiterate that this office has treated Judge Garza with the utmost respect, and will continue to do so. That does not mean, however, that this commission or its staff will abandon their constitutional duties to the citizens of New Mexico.”

Garza is running unopposed for re-election this year. The last day for a candidate to withdraw from the race is Sept. 5, and the last day for political parties to place candidates on the ballot following withdrawals is Sept. 12. Hoyt Clifton from the Secretary of State’s office tells me it’s not unheard of for the high court to make exceptions to those deadlines in extreme circumstances.

There are several scenarios that could play out here, depending on if and when Garza resigns. There could be an election or there could instead be an appointment by the governor to fill the position.

Stay tuned.

Task force recommends compensating legislators

Posted 8/30/2006 11:01:00 AM

Compensating legislators is one of three proposals that will be recommended to Gov. Bill Richardson by the state ethics task force.

The group opted Tuesday to proceed with three recommendations. In addition to compensation for lawmakers, they include the creation of an independent ethics commission and an appointed state treasurer and auditor, according to an article from the Associated Press that you can read via the Albuquerque Journal.

Details of all three proposals, some of them controversial, will be worked out later.

The task force’s members agreed that the New Mexico Constitution should be changed to give lawmakers some sort of compensation, whether it be a salary or reimbursement of expenses or some combination, but only if the law is also changed to ban the use of campaign funds for anything other than campaigning, the Associated Press reported.

House and Senate members currently get per diem and mileage reimbursements. That would not change under the proposal.

Garrey Carruthers, co-chair of the task force, said it’s time for New Mexico to “grow up as a state” and compensate lawmakers.

“We’re trying to run a multi-billion-dollar business with free labor,” Carruthers told the news service. “I wouldn’t run a business that way.”

The task force will also recommend the creation of an independent ethics commission that would investigate complaints against state elected officials and employees. The eight-member commission would have authority to censure, reprimand and impose fines but not to remove officials from office or strip them of pensions, the news service reported.

Judicial Standards Commission Director Jim Noel said the ethics commission, whose members would be appointed by the governor and legislative leaders, should have funding and powers similar to that of the board for which he works, and should also conduct mandatory training for state officials.

The third proposal endorsed by the task force – that the treasurer and auditor be appointed, rather than elected, positions, also requires a change in the constitution. That would make it easier to remove “an elected official who is engaged in misconduct,” the news service quoted state Treasurer Doug Brown as saying.

The task force will make recommendations to the governor in October. Richardson says he’ll consider their recommendations before making proposals to the legislature in January.

County goes to arbitration with jail, other workers

Posted 8/30/2006 07:52:00 AM

After agreeing to three extensions to continue negotiations, Doña Ana County has ended talks with the American Federation of State, County and Municipal Employees, and the parties now go to arbitration.

The decision came after the union rejected the county’s final offer late Tuesday, minutes before the deadline. The sides have been negotiating for six months.

The union represents the county’s detention center workers, custodians and some roads department employees. This is their first attempt at unionizing, and they’ll now have to start from scratch.

Sheriff’s department employees recently unionized through the Communication Workers of America and worked out an agreement with the county after three months of negotiations.

The county and AFSCME had agreed to most provisions in the proposed contract, including pay raises and other increased benefits, according to a news release from the county. But, according to the release, union negotiators insisted on a “Fair Share” provision. That would have required the county to fire any employees who qualified for union membership but opted not to join.

The county agreed to the provision if AFSCME held an election among those who would be affected and 85 percent agreed to the provision, according to the news release.

The union wanted a different standard, and the two sides could not find a compromise.

“I can’t express the level of my disappointment in this turn of events,” County Manager Brian Haines said in the release. “At the direction of the board, staff negotiated in continued good faith and offered repeated extensions of time to the union to make a decision. The hard-working employees of Doña Ana County will pay the price for this unnecessary delay on the part of the union. All we wanted was for the union to hold an election among their membership, and they refused, which puts us back at square one.”

This is the second current arbitration between a government and union in Doña Ana County. The Las Cruces Public Schools and its educational assistants are currently in arbitration over their contract.

Former Magistrate Galvan sued over rape allegation

Posted 8/30/2006 07:21:00 AM

Former Doña Ana County Magistrate Judge Reuben Galvan is being sued by the woman whose accusations of rape and bribery ended his career.

The woman filed a federal lawsuit on Aug. 16 alleging civil rights violations based on claims of battery, false imprisonment and intentional infliction of emotional distress. She’s seeking compensatory and punitive damages, attorneys’ fees and whatever other relief the court deems “just and proper,” according to the complaint.

Galvan has not yet responded. He may be defended by the State of New Mexico, since he was a judge at the time of the incident in question and the allegations involve, to some degree, his position as a judge.

Galvan resigned in May 2005 amid allegations that he raped and solicited a bribe from the woman in August 2004. After two hung juries, prosecutors dropped the criminal charges.

Galvan admitted in a statement to police to actions that may violate the judicial code of conduct. While drinking and flirting in a bar, he discussed with the woman a pending battery case against her husband, though she was the alleged victim in that case. He had sex with the woman, though she and her husband had been married two months earlier by Galvan. He also took the woman for a ride in his Porsche, though he told police he had too much to drink before driving.

The New Mexico Supreme Court barred Galvan last month from ever again holding judicial office in New Mexico, but the court’s justices made clear they were not finding Galvan guilty of the judicial misconduct of which he was accused. The justices barred Galvan, a court spokeswoman said, because he didn’t bother to answer the Judicial Standards Commission’s request that he be permanently barred from holding a judicial office.

The court’s order states that the commission “failed to prove its case (against Galvan) by clear and convincing evidence.”

That doesn’t mean Galvan’s accuser doesn’t have a chance of winning a civil suit. Civil cases have the lowest standard for burden of proof – “preponderance of evidence” – which essentially means it’s more likely than not that the allegations are true.

There is a higher burden of proof with “clear and convincing evidence,” which is the standard used in situations that include child custody cases involving abuse allegations. The highest standard, used in criminal cases, is “beyond a reasonable doubt.”

In the civil suit, Galvan’s accuser is represented by Las Cruces attorney Blaine Mynatt, who claims Galvan violated the woman’s Fourth and Fourteenth Amendment right “to be secure in her person against unreasonable seizures,” and her Fifth and Fourteenth Amendment right “not to be deprived of her liberty without due process of law.”

Though the word “rape” isn’t used in the complaint, Galvan, according to the complaint, “using force and coercion, falsely imprisoned and sexually battered” the woman. That, the complaint states, caused “severe emotional distress, psychological and physical trauma, humiliation and ridicule.”

As a result, the complaint states, the woman “suffered and continues to suffer emotional distress, including but not limited to depression, insomnia, guilt feelings, anxiety, tension and nightmares.”

Region VII Housing Authority shuts down

Posted 8/29/2006 04:48:00 PM

The members of the scandal-plagued Region VII Housing Authority board voted today to cease operations.

The housing authority’s records will be sent to Albuquerque and kept by the Region III authority, which, for the time being, is continuing operations. Region VII’s last day of operation will be Thursday.

“What’s taking place today is very devastating, in my opinion,” Board member Bennie Barreras of Socorro said at today’s meeting, before the board voted to shut down the operation.

The state’s housing authorities have been plagued by scandal in recent months that has included the resignations of the directors in Las Cruces and Albuquerque, the defaulting on $5 million in bonds owed to the state and other mishandling of funds. There may be missing money. You can read more about the allegations by clicking here.

The move by Region VII comes after the Region III board voted Friday to inform other housing authorities it had been funding that it could no longer do so. Without funds, Region VII had little choice.

For years, Region III was run by former state Rep. Vincent “Smiley” Gallegos. He was tasked with helping restart other authorities around the state, and did so by loaning them money, and he essentially ran the entire operation.

Following damning reports from the governor’s office and State Investment Council, Gallegos was replaced earlier this month by Mid-Region Council of Governments Director Lawrence Rael, who told Region VII board members today that the money Gallegos loaned them was to be used only to rehabilitate homes.

Region VII built up almost $800,000 in debt to Region III. That money was spent primarily on salaries and office space, violating the terms of the bonds.

The bonds should also not have been used to purchase land for new developments, Rael said. That includes a 33-lot development Region III and Region VII planned to build on Las Cruces’ East Mesa.

“The State Investment Council’s opinion is that property should not have been purchased with these bonds,” Rael said.

The investment council has hired a lawyer to investigate and try to piece together the mess. The review by the governor’s office found that problems were so great the authorities would have trouble surviving.

In Las Cruces, that question is now answered.

In addition to the investment council investigation, I’m told federal agencies are examining the situation, but those agencies do not confirm investigations. Region VII Board Member Frances Williams said at today’s meeting that there is cause for investigation.

“I think we’re in big trouble. We have not been serving the people of this community,” she said. “… We haven’t put a nail on the wall. We haven’t put a house on the ground and yet we’ve spent almost $800,000. That, to me, is pretty criminal.”

It was Williams who first made public the allegations that have led to the current situation.

Rael said he believes the housing authority law, first created in New Mexico more than 40 years ago, is flawed. It creates such authorities, but gives them no funding mechanism. They can’t spend bond money on operations, and it’s presumed that they’ll pay operational costs with profits from home sales.

That doesn’t account for startup costs, Rael said, adding that he doesn’t believe such a system can work.

The Region VII board members seemed to agree. At least one indicated he believed the board was placed in a difficult position by being charged with providing affordable housing without being given the funding to do it.

Rael said he expects that the housing authorities will be restructured and resurrected, and said proposed legislation is being drafted.

For now, the state is still in the process of figuring out what happened and whether there is any way to recover any of the $5 million the authorities still owe the state.

“We’re trying, sort of, to put the pieces together,” Rael said.

There was much he wouldn’t discuss publicly, which might be a further indicator that other investigations are taking place.

This scandal isn’t over. The final report from the investment council isn’t yet complete, and sources tell me the findings will be much worse than what is currently known publicly. Expect some fallout for Speaker of the House Ben Lujan, a close friend of Gallegos who has privately defended him during this scandal.

BREAKING NEWS: Auditor candidate quits race

Posted 8/29/2006 02:56:00 PM

Democrat Jeff Armijo has withdrawn from the race for state auditor.

The move comes after a meeting earlier today with Gov. Bill Richardson.

“Governor Richardson has convinced me that I must leave the race for state auditor,” Armijo said in a statement to the Associated Press. “A debate on the issues could not take place if I remain in the race. I started this campaign with the notion to contribute to all the Democratic candidates. I feel if I stay in, I may detract from their efforts this fall.”

Richardson was pleased.

“I appreciate Jeff Armijo’s action,” Richardson said in a news release. “He has acted in the best interest of his family and the Democratic Party.”

Prosecutors are investigating allegations that Armijo made unwanted sexual advances toward a campaign volunteer. The 21-year-old woman reported to police on Aug. 3 that she had been at Armijo’s home doing volunteer work for his campaign. The two were at a computer, she said, when Armijo grabbed her and kissed her repeatedly, though she told him they should not be kissing. The woman told police Armijo removed some of her clothing, held her down on the floor and inappropriately touched her, though she told him to stop. After awhile, she was able to leave and call police.

Armijo had vowed to continue the campaign even after the news broke. He said Monday that he would not meet with Richardson to discuss the situation, but later changed his mind and agreed to a meeting held today.

Details of the meeting between the governor and Armijo were not made public.

The Democratic Party State Central Committee will select a new candidate to place on the ballot at its Sept. 9 meeting. That candidate will face Republican Lorenzo Garcia in November.

So who will replace Armijo on the ballot? Tom Buckner, who lost to Armijo in the Democratic primary, is apparently still interested, but some personal issues may affect his final decision. State Rep. Hector Balderas, D-Wagon Mound, has been mentioned as a possibility.

“I support a competitive process in which the State Central Committee chooses the best candidate to represent the Democratic Party on the ballot,” Richardson said.

A prior version of this posting incorrectly stated that Buckner was not interested in the position.

Poll: King maintaining sizable lead in AG race

Posted 8/29/2006 02:14:00 PM

A new poll has Democrat Gary King ahead of his opponent, Republican Jim Bibb, by a 2-1 margin in the attorney general race, but more than a quarter of voters are undecided.

The poll, conducted by Lake Research Partners, has King ahead with 49 percent of the vote to Bibb’s 25 percent. 26 percent of voters are undecided.

The poll was released Tuesday by King’s campaign.

The poll isn’t much different than one released by the King campaign at the beginning of July, which had King ahead with 49 percent of the vote to Bibb’s 28 percent, with 23 percent undecided.

69 percent of Democrats, 28 percent of Republicans and 38 percent of independents said they’ll vote for King in the newest poll. The survey of 500 registered voters in New Mexico was conducted Aug. 16-20 and has a margin of error of 4.4 percent.

King’s lead is even greater among those who have voted in the last four elections, according to the poll. Among that group, he has 51 percent of the vote to Bibb’s 22 percent.

Bibb has the support of 55 percent of Republicans polled, six percent of Democrats and 12 percent of independents.

Half of independents remain undecided, as do 25 percent of Democrats and 17 percent of Republicans.

Albuquerque mayor says Richardson must oppose cockfighting if he wants to be president

Posted 8/29/2006 09:40:00 AM

Albuquerque’s mayor says Gov. Bill Richardson must oppose cockfighting or he can’t be president of the United States.

Mayor Martin Chávez told an animal welfare conference Monday that Richardson’s wishy-washy stance on the controversial practice might kill his chance at being elected president, according to the Albuquerque Journal.

“You can’t be president of the United States if you think cockfighting is a good thing,” the Journal quoted Chávez as saying.

It’s the second time the mayor has gone after his party’s leaders in recent days. About a week ago, he criticized Lt. Gov. Diane Denish after her driver parked illegally in Albuquerque. Many believe Chávez is preparing for another run at the governor’s office in 2010.

Several months ago, Richardson said on a visit to Las Cruces that he has not made up his mind on whether cockfighting should be illegal, and said there are strong arguments on both sides. New Mexico is one of only two states that don’t outlaw cockfighting, but many subdivisions – including Doña Ana County and the City of Albuquerque – ban the practice.

Richardson’s comments prompted Jay Leno to mock him and drew other national criticism.

A Richardson spokesman told the Journal Monday that the governor plans to deal with cockfighting in the upcoming session, but provided no specifics. A major push to ban cockfighting is expected when the Legislature convenes in January.

ACLU sues NMSU, alleges religious discrimination by football coach against Muslim players

Posted 8/29/2006 08:05:00 AM

The American Civil Liberties Union filed a federal lawsuit against New Mexico State University Monday alleging that head football coach Hal Mumme discriminated against three former players because they are Muslim.

The lawsuit didn’t come as a surprise. After the allegations surfaced last year, the ACLU said it was preparing a lawsuit. But the news came three days before the Aggie season opener and became, for a time, the top college football story in the nation.

Peter Simonson, executive director of the New Mexico chapter of the ACLU, told the Las Cruces Sun-News the season’s start had nothing to do with the timing of the lawsuit, adding that anyone who believes so “is seriously overestimating the sports sense in the office. That, quite honestly, had nothing to do with it.”

Aggie athletics finds itself in a familiar situation to start the school year: In addition to the lawsuit, a star basketball player is charged with robbery. Why is there always so much controversy?

NMSU’s attorney declined comment on the lawsuit, according to the Sun-News, saying the university had not yet been served with a copy.

A short recap of the allegations:

There are three former players involved in the lawsuit, Mu’Ammar Ali, Anthony Thompson and Vincent Thompson. The lawsuit alleges that Mumme became aware the three were Muslim when they recited passages from the Koran off to the side while the rest of the team recited the Lord’s Prayer, a practice initiated during spring practices in 2005.

Ali claims he was demoted and kept off the team’s travel roster after the first game, according to the Sun-News. He was later cut from the team and transferred. He also claimed Mumme questioned him in July 2005 about al-Qaida.

“Being coach doesn’t give someone the right to make a football team into a religious brotherhood,” Simonson told the Sun-News. “University coaches are tax-paid role models. The public has a right to expect that they are going to model behaviors that we endorse as a society. Religious intolerance is not one of those behaviors.”

There is a hole in the claims of the lawsuit: Mumme named Ali a starter for the first game of the season. His play began to lessen after that, though Ali alleges Mumme knew of his Islamic beliefs long before that.

Simonson told the Sun-News that “Mumme’s opinion of the Muslim players was being developed” before and after the first game.

A law firm hired by NMSU to probe the allegations last year found them to be without merit.

You can read the entire complaint via the Sun-News Web site by clicking here.

Embattled auditor candidate gets cold shoulder at fundraiser in Las Cruces

Posted 8/28/2006 04:21:00 PM

Jeff Armijo, the embattled Democratic candidate for state auditor, was given a cold shoulder by members of his party at a fundraiser in Las Cruces today, and Gov. Bill Richardson plans to discuss with him whether he should resign.

Prosecutors are investigating allegations that Armijo made unwanted sexual advances toward a campaign volunteer. The 21-year-old woman reported to police on Aug. 3 that she had been at Armijo’s home doing volunteer work for his campaign. The two were at a computer, she said, when Armijo grabbed her and kissed her repeatedly, though she told him they should not be kissing. The woman told police Armijo removed some of her clothing, held her down on the floor and inappropriately touched her, though she told him to stop. After awhile, she was able to leave and call police.

Armijo was in Las Cruces today to attend a fundraiser for Jeff Steinborn, the Democrats’ nominee for the House District 37 seat. He was avoided by most in attendance, several attendees told me. Other candidates for offices received rounds of applause when they were introduced, but Armijo received none.

No charges have been filed. Armijo has denied the allegations against him and says he will continue his campaign. A similar allegation in 2003 resulted in no charges being filed against Armijo.

There will be a lot of pressure for Armijo to step down. Many Democrats fear that, piled on top of other scandals that have plagued their party, the Armijo situation could impact other races. Many are waiting for Gov. Bill Richardson to make a move.

The governor’s office released a statement this afternoon.

“The Governor is extremely troubled by the allegations. The fact that there are two different police reports with serious claims gives the governor significant concern,” Richardson spokesman Gilbert Gallegos said. “The Governor hopes to meet soon with Mr. Armijo to discuss the allegations and decide whether he should stay in the race. The Governor believes elected officials and candidates should be held to the highest ethical standards.”

Should Armijo step down, the last day the party can replace him on the ballot is Sept. 12.

Richardson is off to Boston in a couple of weeks

Posted 8/28/2006 11:55:00 AM

Gov. Bill Richardson will be heading to Boston in about three weeks to help raise money for the Democrats’ candidate for Massachusetts governor.

It’s part of the party’s effort to raise $3 million for the election. Richardson will be in Boston the week after the state’s Sept. 19 primary, according to an article in the Boston Globe.

Richardson is one of many high-profile politicos helping out in that state, including the wives of the state’s two senators and former President Bill Clinton, the Globe is reporting.

Carmen Garza sworn in as a federal magistrate

Posted 8/28/2006 11:03:00 AM

The news isn’t all bad for the Garza family.

Carmen Garza, the older sister of embattled Doña Ana County Magistrate Judge Carlos Garza, was sworn in late last week as a federal magistrate judge in Las Cruces.

Carmen Garza is a competent and respected attorney. She was selected for the judgeship several months ago, but had to go through a vetting process before she could be sworn in. That was completed last week.

A ceremonial swearing in will be held sometime later this year.

Congratulations, Judge Garza.