Balderas’ endorsements set office up for conflict

New Mexico Attorney General Hector Balderas has potentially compromised his ability to operate as the state’s top law enforcement agent by publicly endorsing fellow Democrats — Brian Colón for Albuquerque mayor and U.S. Rep. Michelle Lujan Grisham for governor.

In the event that either Colón or Lujan Grisham, or their challengers for that matter, had occasion to come under investigation by the AG’s Office, Balderas would not only have a real conflict of interest, but also the attorneys in his office or any special prosecutor he might appoint would automatically inherit at the very least a potential and/or perceived conflict of interest.

Earlier this month, we got a preview of what could happen: Attorney A. Blair Dunn sent Balderas a letter requesting his office investigate how Colón’s key competitor, state auditor Tim Keller, was handling in-kind contributions. Dunn, who should know the proper authority for the Keller complaint is the seven-member city of Albuquerque Board of Ethics, sent similar letters to Secretary of State Maggie Toulouse Oliver, Albuquerque City Clerk Natalie Howard and Albuquerque City Attorney Jessica Hernandez.

The timing of the request — months after Keller’s campaign began filing finance reports, but so late in the election cycle that a ruling is unlikely before the Oct. 3 election — was clearly intentional, but that’s how the game is played these days.

Had the complaint belonged in Balderas’ office, our AG would have had to handle the hot potato of an investigation of a guy running against his personal pick. There’s just no way that plays well.

Publicly endorsing candidates puts Balderas in a difficult situation: Sure, he wants to help colleagues win votes, and his high-profile endorsement could likely sway some undecided voters — but he compromises his office by doing so. Should Colón win his campaign, any city cases going to Balderas could be perceived as biased in favor of the mayor. Likewise, should Keller or any of Colón’s other six challengers prevail in the race, an opposite bias could be inferred. Ditto for Lujan Grisham and her fellow gubernatorial candidates.

The higher road for anyone charged with ensuring that justice is fairly administered to everyone — candidate or not — is to forgo endorsing individual candidates for office. Balderas should focus on his official duties and forgo politics, at least until his next campaign.