Las Cruces judge alleged of "willful misconduct"

UPDATED:

 Las Cruces judge alleged of "willful misconduct" to step down, avoid discipline

 (5:57 p.m.)By Ashley Meeks / ameeks@lcsun-news.com


Posted: 11/28/2011 03:37:11 PM MST

LAS CRUCES - A Las Cruces judge is stepping down rather than face discipline by the New Mexico Supreme Court for accusations of "willful misconduct in office," according to a petition filed with the court.

Las Cruces Magistrate Court Judge Olivia Nevarez Garcia, 68, is alleged to have prevented a defendant in one case from having the help of attorney, advised another defendant during plea negotiations, and misapplied landlord-tenant law and disparaged a hard-of-hearing litigant in that case.

While she did not admit wrongdoing in any of the three cases in question, Garcia, the wife of New Mexico Higher Education Secretary Jose Z. Garcia, agreed to accept permanent retirement effective at 5 p.m. on Dec. 31, according to an order unsealed Monday by the New Mexico Supreme Court.

"The parties recognize that that the three matters pending before the commission have not been adjudicated," the petition states, "and that the respondent denies the allegations contained therein."

In April 2010, Garcia allegedly spoke to a prosecutor about a defendant and conducted another hearing in the case, both without the defendant's attorney present, according to the petition. During the second hearing, Garcia allegedly questioned the defendant and made a ruling changing his conditions of release. She then allegedly "directed staff to alter and/or tamper with previously filed public documents" about the man's bond.

Several months later, Garcia allegedly "failed to provide the law
enforcement officers and/or state of New Mexico an opportunity to be heard prior to ruling" in a drunken driving case against a Las Cruces woman, according to the petition. Garcia allegedly "participated in plea negotiations ... improperly influenc(ing) the criminal defendant not to plead guilty," the petition states.

And this year, Garcia allegedly "committed clear legal error when (she) failed to follow the law regarding the amount of time tenants are required to give to landlords prior to vacating rental property," the petition states. "It is alleged that this is not the first time you have committed legal error in misapplying this law in other landlord-tenant cases." In addition, Garcia allegedly "made disparaging remarks" about one of the litigant's hearing loss, which "indicates bias," the petition said.

The Judicial Standards Commission voted unanimously Nov. 4 to accept Garcia's retirement "in lieu of further disciplinary proceedings" in the matters.

"Upon retirement, (Garcia) shall never again hold, become a candidate for, run for, or stand for election to any New Mexico judicial office in the future," the order states. "(Garcia) shall never seek, accept appointment to, or serve (temporarily) for any New Mexico judicial office in the future ... (including) in municipal court, probate court, magistrate court, metropolitan court, district court, Court of Appeals and justice of the Supreme Court." The order notes that Garcia had asked the file on the matter to remain sealed. She also agreed to pay $718.65 for the cost of her deposition in one inquiry, with the commission waiving the remaining investigative costs.

A Democrat, Garcia served 13 years as a probate judge and spent several years as the state chairwoman of the Probate Judge's Association. The county's only female magistrate judge, she was appointed to that position in 2005 by Gov. Bill Richardson, elected in 2006 and re-elected in 2010.

Please read complete article at link below:


http://www.lcsun-news.com/las_cruces-news/ci_19426024

Editor's note: Judges in the Probate Court of Cook County commit all the above crimes and yet are allowed to continue criminal activity. Lucius Verenus, Schoolmaster, ProbateSharks.com

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