You Should Care About This Judicial Contest

Judicial Candidate Faces Ethics Complaint
By Mike Gallagher
Copyright © 2010 Albuquerque Journal
Journal Investigative Reporter

Most appellate court election campaigns in New Mexico are understated and don’t generate much buzz in the legal community or beyond, and it is rare for a judicial candidate to run while under the cloud of ethics charges and a malpractice lawsuit.

But that is the case with attorney Dennis W. Montoya, a lawyer with offices in Albuquerque and Rio Rancho who is seeking to unseat Appeals Court Judge Linda Vanzi in the Democratic primary election.

The election contest isn’t their first confrontation.

Vanzi, while still a state District Court judge in Albuquerque, filed a complaint against Montoya with the board that investigates allegations of attorney misconduct. …

Vanzi and Montoya will face off in the Democratic primary June 1. There is no Republican in the race, so the winner of the primary wins the seat on the Appeals Court. …

The case also highlights an unusual aspect of New Mexico’s merit selection system of judges.

Before her appointment to the district or appellate court positions, Vanzi submitted her name to a judicial nominating commission, which screens applicants, reviews credentials and recommends several nominees to the governor to consider for appointment. Questions include disciplinary complaints.

But legislators insisted that any appointed judge stand for election in one partisan contest after that appointment. Judges face only retention votes in subsequent elections.

As a candidate in the partisan race, Montoya has not gone through the same vetting process as Vanzi.

ABQJOURNAL NEWS/STATE: Judicial Candidate Faces Ethics Complaint

Lawyer Draws Rebukes From Federal Judges
By Mike Gallagher
Copyright © 2010 Albuquerque Journal
Journal Investigative Reporter

"The conduct of Mr. Montoya in the case at bar, like his conduct in the three above referenced cases where Mr. Montoya was personally sanctioned or his clients were sanctioned as a result of actions taken by Mr. Montoya, fell well below the professional standards expected of attorneys who practice in federal court," Johnson wrote.

"Having failed to learn from the experiences of being sanctioned by Judge Parker, Judge Armijo and Judge Garcia, Mr. Montoya can now add me to the list of judges who have sanctioned him."

Johnson ordered Montoya to pay the more than $12,000, plus interest to the opposing attorneys.

Montoya appealed, and the appeal was denied.

He declined to comment for this story, saying it wouldn’t be appropriate to talk about matters pending before the disciplinary board that handles professional complaints against lawyers.

ABQJOURNAL NEWS/STATE: Lawyer Draws Rebukes From Federal Judges

It’s my personal opinion that Montoya is running against Vanzi to punish her. It’s strictly personal. That might be fine if they were equally qualified for this office. They are not.

Share this…