By R. Braiden Trapp
SUN Managing Editor
When Municipal Court Judge Stephen Salazar goes before the state Supreme Court for sentencing July 18, the city may need a temporary judge. Salazar faces up to a 90 day suspension without pay, according to the findings of the state Judicial Review Commission.
No alternate judges have been selected by Salazar during 2012, according to documents provided by municipal court clerk Jolene Miera.
Miera did not return a call requesting an interview but instead supplied the list of past alternate judges.
Two alternate judges were used in 2011, court documents state. Local defense attorney Jose Sandoval oversaw a driving under the influence case involving Jerry Maestas. The case was dismissed July 8, 2011 by the arresting officer.
The other case handled by an alternate judge was Marissa Maestas overseeing an accessory case involving Valerie Romero. She was found guilty July 1, 2011.
There are no reasons stated for Salazar recusing himself. Salazar did not return messages left for him at the court.
Mayor Alice Lucero stated in a July 5 interview she would consider candidates, should the issue come up. She also said she’d like to appoint someone with a legal background.
However, New Mexico state statute 30-54 (b) states, “If the municipal judge becomes unable or unavailable to perform the duties of municipal judge and has failed to appoint a temporary judge, the city council shall appoint a temporary judge who shall serve until the regular municipal judge returns to his duties.” The statute mentions nothing about the mayor appointing a judge.
District 4 City Councilor Robert Seeds said the issue hasn’t been brought up at meetings and he hadn’t given it a lot of thought.
“I read in the paper the mayor thought she would appoint the judge but we (the council) haven’t talked about it,” Seeds said.
When given the list of people Salazar has used as alternates in the past, Seeds said he wasn’t familiar with any of them except local attorneys Wilbert Maez and Jose Sandoval.
“Jose seems like a very sharp gentlemen and has a good disposition,” Seeds said.
District 1 City Councilor Dennis Salazar said, “I keep hearing around city hall the mayor already has her person lined up.”
After the law was read to Dennis Salazar he said, “Oh wow, that’s really good to know. It hasn’t come up and the council has not discussed it.”
Dennis Salazar said he was not aware the city council would select the judge, if the judge did not appoint his replacement.