In Re Griego

2008 NMSC 020, 181 P.3d 690, 143 N.M. 698
CourtNew Mexico Supreme Court
DecidedApril 11, 2008
Docket30,203
StatusPublished
Cited by7 cases

This text of 2008 NMSC 020 (In Re Griego) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Griego, 2008 NMSC 020, 181 P.3d 690, 143 N.M. 698 (N.M. 2008).

Opinion

OPINION

PER CURIAM.

{1} Over a period of almost three years, Metropolitan Court Judge J. Wayne Griego engaged in conduct that betrayed the public trust and undermined the judiciary’s integrity by bypassing evidentiary hearings and adjudicating tickets for family members and friends without state participation. When confronted with evidence of this conduct, Griego blamed his staff, an explanation that the New Mexico Judicial Standards Commission (the Commission) did not find credible. Under these circumstances, our constitutional duty demands that we remove Griego from the bench. N.M. Const., art. VI, § 32.

I. BACKGROUND

{2} This is the second time Griego has appeared before this Court on a disciplinary matter. On February 6, 2007, this Court ordered Griego to pay a $500.00 fíne, complete six months of supervised probation, and abide by all terms in his stipulated agreement with the Commission. In addition, this Court published a formal reprimand in the New Mexico State Bar Bulletin on June 25, 2007. In the first disciplinary matter, Griego instructed his secretary to use his file stamp to process his traffic docket in April 2005 on a day when he was unable to attend court. This date falls within the same time period as the current disciplinary matter. In that case, the Commission filed a notice of preliminary -inquiry in June 2005 and a notice of formal proceedings in September 2005. Griego continued to engage in the conduct at issue in these proceedings, even though he knew he was being investigated in a separate, although arguably related, matter.

{3} The facts are undisputed in the current proceedings. Griego was appointed to the metropolitan court bench in 2003 and was elected to the bench in November 2004. Between March 2004 and January 2007, Griego adjudicated well over twenty cases involving family members, friends, and family members of friends and staff, ex paHe, without hearings or taking evidence. In one case, one of Griego’s relatives was charged with resisting or obstructing a police officer. However, most of these cases involved routine traffic citations. Griego was not the scheduled judge for traffic arraignments when he adjudicated these cases. He usually adjudicated the cases before their scheduled arraignment dates, either deferring or continuing them for ninety days with the requirement that no further traffic violations occur within that time. In some cases, however, when the defendants had failed to appear before the assigned judge, he cancelled bench warrants and dismissed charges for failure to appear.

{4} Based on these facts, the Commission concluded that Griego violated the following provisions of the Code of Judicial Conduct, Rules 21-001 through 21-901 NMRA, and committed willful misconduct in office: Rule 21-100 (requiring a judge to uphold the integrity and independence of the judiciary); Rule 21-200 (requiring a judge to avoid impropriety and the appearance of impropriety in all activities); Rule 21-300 (requiring a judge to perform the duties of office impartially and diligently); and Rule 21^100 (requiring a judge to recuse when the judge’s impartiality might reasonably be questioned).

{5} In its recommendations for discipline, the Commission stated that Griego “was not completely forthcoming in his testimony before the Commission. His testimony blaming [his secretary] for the handling of the traffic citations was not deemed credible by the Commission.” The Commission then recommended the following discipline: (1) suspension without pay for ninety days; (2) before returning to the bench, submission of written policies and procedures for his office addressing the avoidance of future conflicts of interest, staff supervision, and staff training to both this Court and the Commission; (3)publication of a formal written reprimand; and (4) payment of costs not to exceed $11,939.46. Under Rule 27-301 NMRA, the Commission filed a petition for discipline with this Court and Griego filed a response. This Court held oral argument in the matter and adopted the Commission’s findings and conclusions, but for the reasons that follow, we rejected the recommendations for discipline and ordered that Griego be immediately removed from the bench.

II. DISCUSSION

A. STANDARD OP REVIEW

{6} Griego did not challenge the Commission’s findings, conclusions, or recommendations, and requested that we adopt the Commission’s recommendations for discipline. This Court may “accept, reject or modify any or all of the findings and conclusions of the commission,” Rule 27-401(A)(l) NMRA, and we “are charged with independently evaluating the record for the presence or absence of clear and convincing evidence.” In re Castellano, 119 N.M. 140, 149, 889 P.2d 175, 184 (1995) (per curiam). However, “we may give weight to the evidentiary findings of those who were able to judge credibility.” Id. at 149-50, 889 P.2d at 184-85 (citation omitted); see also In re Locatelli, 2007-NMSC-029, ¶ 11, 141 N.M. 755, 161 P.3d 252 (per curiam) (citing In re Bristol, 2006-NMSC-041, ¶¶ 16-18, 140 N.M. 317, 142 P.3d 905 (per curiam) for the proposition “that in administrative disciplinary proceedings this Court defers to the fact finder on factual matters but reviews legal conclusions and recommendations for discipline de novo”).

B. FINDINGS AND CONCLUSIONS

{7} This case comes before us on stipulated facts and unchallenged findings that are binding on the parties on appeal. See Stueber v. Pickard, 112 N.M. 489, 491, 816 P.2d 1111, 1113 (1991). While we give deference to the Commission’s factual findings, we review conclusions of law and recommendations for discipline de novo. See In re Bristol, 2006-NMSC-041, ¶¶ 16-18, 140 N.M. 317, 142 P.3d 905. In reviewing the conclusions of law, we determine whether the law was correctly applied to the facts. See Golden Cone Concepts, Inc. v. Villa Linda Mall, Ltd., 113 N.M. 9, 12, 820 P.2d 1323, 1326 (1991) (citation omitted) (“When a party is challenging a legal conclusion, the standard for review is whether the law correctly was applied to the facts, viewing them in a manner most favorable to the prevailing party, indulging all reasonable inferences in support of the court’s decision, and disregarding all inferences or evidence to the contrary.”).

{8} We agree with the Commission that by adjudicating traffic cases involving family members, friends, and family members of friends and staff, outside the presence of a representative of the state, and by involving his staff in this conduct, Griego committed willful misconduct in office. Following is a discussion of each provision of the Code of Judicial Conduct that Griego violated.

{9} Rule 21-400 addresses disqualification and recusal. Rule 21-400(A) requires recusal in cases in which the judge’s impartiality might reasonably be questioned. Rules 21-400(A)(1) and (5) required Griego to recuse himself in cases involving family members, friends, and family members of his staff. He violated these rules when he did not do so.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMSC 020, 181 P.3d 690, 143 N.M. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-griego-nm-2008.