Albuquerque Journal

New judge needed for commission­er’s trial

All judges in district have been recused

- BY ZITA FLETCHER RIO RANCHO OBSERVER

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.

 ??  ?? DOMINGUEZ: Nine charges from 2015 argument
DOMINGUEZ: Nine charges from 2015 argument

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