New judge needed for commissioner’s trial
All judges in district have been recused
A “blanket recusal” has been issued in the pending case against Sandoval County Commissioner James Dominguez, disqualifying 13th Judicial District Court judges from handling the proceedings.
The state Supreme Court must now assign a new judge.
The recusal was signed off by Chief District Judge Louis McDonald.
McDonald was originally assigned to preside over the case following Dominguez’s indictment by a Sandoval County grand jury on Sept. 2.
“Generally speaking, judges recuse themselves from cases because of judicial ethical rules requiring them to perform their duties fairly and impartially, and to avoid the appearance of impropriety,” said Barry Massey, communications officer of the Administrative Office of the Courts.
Massey explained that judges at times may interact on a professional basis with elected officials on court-related matters and may disqualify themselves from a case involving an official to ensure there is no appearance of bias or conflict of interest.
The case stems from a November 2015 argument between Dominguez, 56, and his wife, Guadalupe Reyes, 37, who were married for about five months before the incident resulted in Reyes filing charges with police and Dominguez filing for divorce. Both are actively involved in Sandoval County government.
Dominguez, midway through his first term as the District 1 commissioner, faces nine charges: two counts of false imprisonment, three counts of battery against a household member, interference with communications, assault against a household member, reckless driving and violation of a restraining order.
All the offenses are misdemeanors, with the exception of false imprisonment, which is a fourth-degree felony in New Mexico.
Fourth-degree felonies are ranked the least serious and are in the same category as shoplifting, burglary, graffiti, aggravated assault and other offenses.
A conviction carries a maximum penalty of up to 18 months in prison and a fine of up to $5,000, although a judge may reduce the punishment.
Dominguez is represented by Amy Srirignano of the Roybal-Mack & Cordova Law Firm in Albuquerque.
“James Dominguez is innocent until proven guilty,” Srirignano said, declining to make further comments.
Special prosecutor David Foster, a private attorney with offices in Albuquerque and Santa Fe, was chosen to prosecute on the state’s behalf by the district attorney’s office on grounds of a potential conflict of interest.
Foster said it is not his first time prosecuting a public official and that he has “handled several cases as a special prosecutor in different judicial districts in New Mexico.”
Dominguez will be permitted to continue holding the office of county commissioner during the trial process.
If convicted of a felony offense, Dominguez would have to resign from his position.
According to James Hallinan, a spokesman for the Attorney General’s Office, a convicted felon, in addition to losing the right to vote, cannot hold public office.
An arraignment date for Dominguez has not been set.