Taos Judiciary Slow But Heating Up

The Honorable John Paternoster of Raton is now the presiding judge in the 8th Judicial District. We assume his secretary KrissAnn is firing the faxes back and forth—sending out the marching orders to the residual Sanchez staff at the House that architect Bill Mingenbach built (but will soon be torn down).

Thanks to Judges Caldwell and Nelson, who have emerged from retirement,  the Joe and Peggy show continues at the 8th Judicial District Court in Taos. The longtime eminences are surely familiar with the procedure if not with all the cracks in the walls.

Maybe the La Serna case will be presented to Judge Joe—again! And we’d love to see Town Crier Jeff’s case in front of Judge Peggy—just for fun.

Without our ancianos, where would we be?

During the last decade of boom and bust, the Taos area was over-run by legal eagles. The decline of the economy—if not crime—reduced the income of local attorneys. Now, thanks to a new judgeship in the 8th Judicial District (Taos, Colfax, Union Counties) and a recent resignation, there’s room at the top. Compensation and retirement income for judges is relatively lucrative in comparison to the hardscrabble lives of local attorneys.

In their fanciful moments, most attorneys see themselves as wise men and women, capable of dispensing justice like the blind lady. But few stop to consider their potential for retention. Even if appointed, they must run in the next general election for the office. So, if appointed in June of 2011, Your Honors must run in the primaries and general elections to be held in 2012. In other words, can you campaign for office and win?

According to an announcement in the bar bulletin, a new position opens up in July. (The bar bulletin went to press prior to a recent resignation.) Applications for nomination are due May 5. The District Nominating Commission, composed of 14 members meets on May 18 at the Taos County Courthouse to interview candidates, which event is open to the public. Then, they adjourn to executive session, and discuss the applications.

The Law School Dean chairs the District Court Nominating Commission.
The Supreme Court Chief Justice or his designate, Court of Appeals Chief or his designate, District Court Chief Judge or his designate are all members of the commission.

The following get two appointments – one attorney and one non-attorney: Governor: Speaker of the House: President Pro Tem of Senate. The State Bar President appoints four members. The judge members and bar president can make additional appointments to conform the commission with equal numbers of Democrats and Republicans.

The commission itself will face a difficult decision regarding choices, given Governor Martinez’s party affiliation and the lack of Republican candidates for judge. Surely, Sarah Montoya of Raton, a member of the DA’s club, is the no. 1 candidate, due to her affiliation with the GOP. She ran against Judge Paternoster as a Democrat and lost but previously was a registered Republican. A flip-flopping Republican is better than no Republican at all. Recently, Coop protestors have mentioned Attorney Peter Adang, a retired attorney and Republican, as a possibility. But Peter seems far too sensible to throw his hat in the ring, having been reminded by the small-minded at the Coop that “he’s not from here” (politically speaking).

Flavio and the members of the El Mitote Club at the Quality Inn have thrown the following list of potential names into the judicial hopper. Some should be taken seriously—some have little or no chance of getting retained in an election. Basically, you got to be a Dimocrat.

County Attorney Barbara Martinez ran for judge before, finishing third behind Paternoster and Montoya. She once worked for the DA and is credible. Running as an incumbent would help her cement her credentials.

Alan Maestas, Mr. Defense Attorney and Principled Don Quixote, whose family hails from far away Truchas, has earned his stripes in the knockdown pits at the 8th Judicial Court. Plus his populist stands, whether representing the unpopular criminal or unpopular publisher, suggests he’s a man, who embraces St. Jude—regardless of money or the seemingly ridiculous. He drives the District Attorney’s office nuts—and that’s a good thing in the eyes of Taosenos.

Both Martinez and Maestas are seeking the appointment but there’s a third Donkey in the room with political party and legal cred who is not seeking an appointment but will be seeking an election-day nomination. Helen Lopez says she’ll run for the office in the June 2012 primary. Lopez served two terms as chair of the Democratic Party of Taos and has a thriving legal practice in Santa Fe. She’s a resident of Llano San Juan, Mother Mary’s precinct in the Penasco Valley. Expect to see her public profile rise during the next few months.

Other attorneys mentioned include Sue McDowell, the current Sanchez appointee as family court hearing officer, Deputy DA Jeff McElroy, an also-ran in the magistrate court contest, Daniel Romero, a Deputy DA with virtually no public persona, and the omni-present Sam Herrera, a sound rhetorician but another also-ran. (Is Musselman still around?) Who knows: there is probably a real dark horse out there. Brigid Lotze anyone?

We wouldn’t be surprised to see DA Donald Gallegos throw his hat in the ring, given Gov. Martinez’s predilection for prosecutors. And Donald is a proven vote–getter. He could also wait and see, vet the opposition, and run against Montoya, say.

Since there are two job openings, all of the above have to figure their chances are pretty good. Montoya leads the pack but she could have trouble in a general against any of the four musketeers from Taos: Barbara Martinez, Alan Maestas, Helen Lopez, or Donald Gallegos. (If Donald runs, that opens up a spot at the DA’s office for young Emilio to step up.) And then Gov. Martinez and the Commission may surprise and import the appropriate Republican from elsewhere prior to the nomination. Where’s John Ramming when we need him?

Although the Honorable Judge John Paternoster wouldn’t comment for this column, here’s an imagined reaction to the news above after his dining at the Crystal Restaurant in Raton. He’s also our favorite former DA.

Announcement

We, at the Birth Center, are renaming the Birth Center part of our facility. It will be called, “The Elizabeth Gilmore Birth Cottage.” We will be celebrating and loving Elizabeth Gilmore and her family (who will be present!!) on Sunday, May 8th at 10:30 am at the Birth Center. There will be a pot luck (so please bring a small dish to share….) and a small naming ceremony! Please forward this to all the people who love Elizabeth!  We hope to see you there!