District Attorney-elect Spence Pacheco waited less than 24 hours after her electoral victory to announce sweeping changes to the First Judicial Office that she will head for the next four years.
Nine Office employees — eight attorneys and the office manager — were given letters from Pacheco Nov. 5 requesting their resignations effective Jan. 1, her first day in office. Among those who received the letters the day after the general election were David Foster, who was named the State Bar Association’s 2008 “Prosecutor of the Year,” and both of her opponents in the Democratic primary, A.J. Salazar and Joe CampBell.
The letters make it clear that Pacheco has the power to fire these employees if they do not submit their resignations (see the letter at the bottom of the story). Assistant District Attorney Lloyd Drager is one of the employees being asked to resign. He said he thought Pacheco was misstating her power.
“She can’t force people to resign,” said Drager, a 21-year veteran of the Office, said. “She certainly can fire them.”
Drager, like some other attorneys interviewed for this story, was puzzled as to why Pacheco would want to fire Foster.
“Why would you give up your best attorney?” Drager said.
Foster did not return calls for comment. Drager noted that many Santa Fe defense attorneys don’t like Foster because he always beats them in court.
Pacheco will be bringing in two Santa Fe defense attorneys to help lead her office. Doug Couleur and Charles Baldonado, both former Office prosecutors, were named Pacheco’s chief deputies last week. Pacheco, the current city of Española attorney, also said she has hired outgoing Española Plaza/Community Service Director Leroy Garcia as office manager. They will not start work until January, when Pacheco officially takes over the office in charge of prosecuting serious crimes in Rio Arriba, Santa Fe and Los Alamos counties.
Couleur’s selection is no surprise. He contributed financially to Pacheco’s campaign and dropped out of the race to support her candidacy.
Like Pacheco, he refused to comment on the letters sent to current prosecutors. Besides serving as private attorneys, Couleur spent five years as a prosecutor and Baldonado was the special prosecutor of the 1980 Santa Fe prison riot.
Pacheco refused to comment on the specific terminations or to name the specific attorneys who were asked to resign. Pacheco would only say that current Office attorneys received one of two letters. The majority of the Office’s approximately 25 attorneys were informed that she looked forward to working with them, and the others were asked for their resignations.
Current District Attorney Henry Valdez confirmed the list of current Office employees who were asked to resign. Besides the attorneys already mentioned, these included: Chief Deputy District Attorney Linda Lonsdale; assistant district attorneys Jason Bielagus, Tom Banner and Roderick Thompson; and office manager Shirley Lujan.
Pacheco said she made the announcements when she did to give the employees enough time to make plans.
“People are very upset,” Pacheco said.
Pacheco has already begun advertising for the openings in the State Bar’s newsletter.
Valdez would not speculate on why nine of his employees face termination. Valdez beat Pacheco in the 2000 Democratic primary and endorsed Salazar to succeed him. He said Pacheco, once in office, has the power to fire at-will employees without cause.
“It’s really her decision and her administration and whether I feel it is inappropriate is not significant,” Valdez said.
Salazar currently heads the District Attorney’s Española office and has served for over a decade with the Office. He was not happy with the letter.
“Am I being asked to resign or am being terminated? I’m a bit confused by it.” Salazar said. “I’m a little taken aback because I wasn’t given a call or a face-to-face meeting.”
None of the attorneys interviewed for this story said they were called or met face-to-face by Pacheco when they were given the letters. Drager said Pacheco came to the Office Nov. 5 and simply placed the letters in each employee’s box.
Pacheco saw no reason why she would still need to meet with those attorneys who were asked to resign.
“For what purpose?” she said.
Salazar said he “could speculate all day” why he was fired, but he had no answer for why Foster will be looking for a new job come next year.
“I think it is really unfortunate,” Salazar said.
Drager said he knew why he was being asked to leave.
“We have some very different views on things,” he said without further explanation.
CampBell did not believe that political payback was to blame for his pending departure from the Office. Parcheco beat CampBell and Salazar in a heated race that started back in 2007 almost immediately after Valdez announced he would not be seeking a fifth term. She faced no opposition in the general election.
Salazar believes politics could have played a part in her decisions.
“It could very well be,” he said. “Is it an accident or a coincidence that myself and Mr. Campbell were being let go? I don’t think so. We are both good prosecutors.”
Lonsdale has served in the Office since 1989. She would say little about why she was being asked to resign.
“I don’t mind read,” she said. “I plan on not being here on Jan. 1.”
The group of soon departing attorneys also included newcomers such as Banner, Thompson and Bielagus. Drager said the Office would be losing good, aggressive attorneys.
Banner helped make headlines this past year during former Rio Arriba County Magistrate Court Judge Tommy Rodella’s tenure. Rodella was removed from the bench in May after the state Supreme Court ruled that he was guilty of willful misconduct partially because of his dismissal of a case prosecuted by Banner. Pacheco would not comment on Banner’s departure. She did say her last day at the city would be Nov. 28 and she would start work at her new job Dec. 1.
Dear (Name), This letter is to inform you that as an “at-will” employee with the District Attorney’s Office your employment is subject to termination at any time. I want to take this opportunity to thank you for your commitment to public service, however, it is my intention on January 1, 2009, to request and accept your resignation. Good luck with your future endeavors. Sincerely, Angela Rosalina Pacheco