The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Feb 26, 2008

In Justice

We’ve been watching New Mexico’s judiciary and the system that surrounds it for some time. It is with a growing sense of alarm that we have watched judges inexplicably dismiss cases, involve themselves in illegal behavior, and generally treat their offices and the public with disrespect.

Before we begin, we believe that there are a number of honest, hard-working judges in New Mexico that take their jobs seriously. Their devotion to the spirit and the letter of the law are admirable and deserve praise.

However, the reality is that judges hold positions of great power and little public scrutiny. They have the authority to punish offenders and the responsibility to protect the public from those same offenders.

Last week we all found out about the punishment recommended by the Judicial Standards Commission for Metropolitan Court Judge J. Wayne Griego’s 14 counts of judicial misconduct (ABQ Journal - Subscription). Griego was found to have misused his publically granted judicial authority to help friends, family, staffers, and colleagues avoid proper judicial review and potential punishment by intervening on their behalf.

Even though this wasn’t the first time that Judge Griego has been caught with his hand in the judicial cookie jar (ABQ Journal - Subscription), the Judicial Standards Commission recommended only a 90 day suspension without pay and a $12,000 fine to pay for hearing costs. Of course this is just a recommendation, the Supreme Court could decide on a stiffer punishment or none at all.

Our question is a simple one… If Judge Griego has run afoul of judicial standards not once but twice, how can the public trust any decision made by the Judicial Gerrymanderer?

Our system of justice is based on the faith that we the governed can receive a fair and impartial hearing on any civil or criminal charge. Judges that make exceptions for friends, staffers, and family call into question the impartiality and the essential fairness of the system.

We understand that court rooms often become a kind of members only club where the judges all know the defense lawyers and the district attorneys, the district attorneys know the defense attorneys and the judges, and the defense attorney’s know the district attorneys and the judges. It’s an incestuous little group that knows good from bad, favored from disfavored.

The result is that in places like Metropolitan Court where public scrutiny and/or attention are at the absolute minimum, judgments are often made based on the personalities of the players rather than the guilt or innocence of the accused.

It’s a sad fact of life that the public does not hold our judges to a higher level of scrutiny. A judge who engages in rigging cases either directly or behind the scenes should not be returning to the bench to have the opportunity to continue to wreak havoc on the court system and simultaneously destroy the public’s faith in the judicial system.

In this case Judge Griego is charged with and been found to have engaged in practices directly related to the impartial implementation of his job; and for the second time. The State Supreme Court should act to restore faith in our judiciary by removing Judge Griego from the bench where he has repeatedly abused the authority entrusted to him.

21 comments:

ched macquigg said...

right, and a pint of HaagenDaaz serves four.

Anonymous said...

I totally agree. As a result of the power that Judges have they should be held to a higher standard and subject to public scrutiny. These are the individuals entrusted to uphold the laws of our land, enforce both the State and New Mexico Constitution and dependent on the venue look out for our children.

The Eye talks about Metropolitan Court and the incestous group - it is even worse in family court. The attitude has been those filing complaints with the Judicial Standards Commission are just a bunch of dissatisfied and angry parents and the complaints are pretty much dismissed outright. When Judges ignore evidence of domestic violence, allow false allegations to be made over and over without any consequences, and cater to the incestous group of attorneys that they see regularly (not all of them are - there are some good ones)and pull their cronies in as guardian ad litems and use their favored "experts" because they know they will get the result their client wants, our children do not stand a chance. These people bleed the parents dry and then walk away leaving financial, emotional and mental devastation.

And what happens to all those complaints - they are NOT public record and so you have no way of finding out how many people have complained about the same judge and the same behavior.

It is time the public stood up and demanded accountability from OUR elected officials i.e., judges. Until then deals will be made behind closed doors, families stripped of everything they have and Judges will continue to commit acts against parents such as ordering them to give their child medication not approved for a child, order a parent to sign over their right to make medical decisions to a guardian ad litem, basically destroy a father/daughter relationship because the father is concerned about his civil rights, and keep another father from his daughter even after it has been proven that the her mother's continual allegations of abuse are false.

I am personally acquainted with a couple of judges and find them to be honest and ethical. Ultimately the Judges answer to us, those who elected them and pay their salaries.

Anonymous said...

He should have been removed the first time. Lets hope he gets removed this time. We need to be able to trust our courts.

He won't have to worry about a job, Big Bill will make-up some type of position for him.

Anonymous said...

These judges are elected officials. What's needed is more information given to the voters about them. The League of Women Voters has a little handout with not much pertinent information about the candidates. Now we know who NOT to vote for next time!!

Anonymous said...

Remove him from the bench??? Did you forget where he resides??? Here in New Mexico, we don't hold people of "higher" office responsible we simply blame clerks, administrative assistants, and biased bloggers. He'll probably get promoted and sent over to District Court.

Anonymous said...

1. Simple solution: legislate that all complaints to the Judicial Standards Commission be made public within 60 days of the complaint - Oregon and Florida, among other states, do this.
2. Why aren't Griegos' actions considered crimes? Only one reason - judicial immunity, and that applies nationwide. THAT'S where we all went astray. Abolish it!!
3. Don't wear yourself out hoping that the Judicial Standards Commission will do the right thing. Cronies, all of them, especially after Richardson illegally replaced 6 of the 11 positions just after he took office. Example: he put former NM Supreme Court Judge Dan Sosa in a "non-lawyer" spot. Come on - what a farce! As long as we let the flogging continue we will keep taking a beating.
4. Judges can be impeached by the legislature in this state. If the JSC doesn't handle it - pressure your legislators and demand Griegos' impeachment.
5. We must organize and demand integrity, responsibility, and accountability from our judiciary. It's not hard and not complicated, but it will take all of our voices together to get it done.
6. www.family-justice.org is full of evidence and specific accounts of massive judicial wrongdoing in NM. Get familiar with it - a great source of such information, with additions every week or so.

Anonymous said...

I'll bet you any amount of money you could come up with that Griego is a democrat!! Again republicans are not that much better but my point is our politicians are so corrupt.
They continue to conduct themselves in unethical and criminal behavior on a daily bases. There's absolutely no accountability in any aspect for these people, and the ultimate kick in the balls is that there are voted in by us, the public. Now I'm not saying everybody voted for Griego but, He did get voted in.

I guess what disappoints me is when people vote, which is not only their God given right but there responsibility, are voting straight party line and not based on the persons character or passed record. Case in point look at that 4 foot 3 inch Mayor, this clown if he was PROPERLY INVESTIGATED AND CONVICTED would be doing LIFE in prison WITHOUT parole ! ! ! ! !
I don't know I guess I'm just tired of seeing these thumb dicks always getting a free pass even if they have a pattern of misconduct, whereas if it was a front line employee or John Q Citizen would be brought up and convicted on multiple charges. REMEMBER DON'T DO AS I DO, DO AS I SAY.....

Anonymous said...

Can we actually believe that a judge may not be corupt? After all they were lawyers prior to being judges.

I know some good judges so it's not all of them. But they weren't the ambulance chaser type lawyers.

But the corupt ones can actually take an oath, possibly under God, then go to confession, and everything is OK again??

Correct me if I'm wrong. I thought judges were appointed by the gov? Now that would explain a lot. And that we vote only to retain them?

Anonymous said...

The deep root cause of this whole issue begins with the State Bar (as the judges all started out as attorneys / most of em' on defense). Want to see a true exercise in futility -- complain to the bar disciplinary comm. about any sort of behavior -- when was the last time any of you saw someone disbarred in NM? There is such a deep seated incestuous relationship among attorneys here, it is nauseating to see. Example - sit in metro court and watch defendants or a police office come in a couple minutes late -- with a good excuse -- and the judges rip them a new one, then watch one of the high dollar defense bar stroll in 45 minutes late and get a smile and a "good morning" from the same judge. It's enough to make you sick.

Anonymous said...

In response to the "elected officials" comment - when a judicial position becomes vacant for whatever reason (the current judge resigns or leaves the bench for any other reason, or if a new bench is created) the governor appoints an interim judge to that bench. When the next election is due, that judge has to defend the appointment in a contested election. Whomever wins the contested election (either the current interim judge or the opponent) never has to be elected again, they only have "retention" elections where the voter is asked "Should this judge retain their position?". Pretty much unless the judge has done something memorable they always retain their bench. Most of the current judges were appointed by a governor, won their contested election (because people are more likely to vote for the sitting judge instead of the opponent), and are retained forever.
If we really want change during the next election EVERYONE should vote NO to the retention question for sitting judges.

Anonymous said...

remove from office.. one problem.. LOOK AT HIS LAST NAME>>..... LOOK AT HIS CHECKBOOK, he is bought and paid for

ched macquigg said...

Somebody please; pick a place for a demonstration in favor of his impeachment.

Own getting enough people show up to make a difference.

I can't own it. I am spent.

Somebody own giving people a time and a place to show up to regain control over the power and resources which are fundamentally their own.

If you can get enough people to show up you win.

If you can't, them maybe, no body really gives a shit.

I will come. I promise.

Anonymous said...

Earlier comment - judges take an oath. No they don't, not in NM! Ever seen evidence of the oath or bond that is required by both state and federal law? Our organization knows of two person who have sued in federal court just to see them, and nothing has been forthcoming for at least five years. Know what that means? Every decision they have made is null and void. That goes for the legislators and other public officials, as well. Just a well-kept secret swept under the rug here.

Anonymous said...

It's very difficult to remove a judge once appointed by the Gov. However, it's relatively easy to keep one from becoming a judge by attending the public meeting of the judicial selection committee for a particular open judicial position. The Center for Family Justice was successful in keeping three very corrupt attorneys from being included in the lists submitted to Richardson this year alone. In fact, a couple of parents got the satisfaction of personally speaking to the committee about how they got burned and their families were destroyed by several of the candidates. Talk about payback being hell . . . You've got to watch for the committee meeting dates/times very carefully, though. It's like a well-kept secret until the last minute.

Anonymous said...

HEY KERI BRANDENBURG! WHY DON'T YOU FILE CHARGES AGAINST THIS JUDGE. YOU ARE GOING AFTER AN EX-APD COP, BEN KIRBY FOR DOING THE SAME EXACT SAME THING! DOES THIS JUDGE GET SPECIAL TREATMENT! SEND HIM TO GRAND JURY AND LET THE PEOPLE DECIDE THE FATE OF THE JUDGE, RATHER THAN POLITICIANS. YOU IDEA OF JUSTICE IS A SUSPENCION, WHAT SLAP IN THE FACE TO ALL THE HONEST TAX PAYING CITIZENS THAT ELECTED YOU!

THIS JUDGE HAS BEEN SHOWN TO BE DIRTY, NOT ONCE, BUT TWICE. WHO KNOWS HOW MANY TIMES THAT HE HAS NOT BE CAUGHT!

WE WANT EQUAL JUSTICE FOR ALL!

Anonymous said...

WAKE UP ALBUQUERQUE. Want a good judge? Elect one that isnt a governor apointee. That is the most political bullshit process anyone can go thru. Vote for those who have the courage to run against the one Big Bill has appointed.

Anonymous said...

Post about the public meeting for judicial selection comm... perhaps in the future you coupld post the date/time on this blog so this group could get a heads up?

Anonymous said...

We will post on the Eye about upcoming judicial selection meetings as soon as we find out about them. We will also organize a public demonstration demanding Griegos' removal from the bench in front of the Metro Courthouse and have a petition there to convene a grand jury on him. I believe that if we get enough signatures, state law requires that the grand jury be convened. Will get back to you here on the Eye by Tues Mar 4 after our next board meeting with the day/time of the public demonstration. We'll need lots of public participation! Center for Family Justice

Anonymous said...

I'll be there and bring at least one friend.

Anonymous said...

I can't take credit for the following post and I edited for easier reading:

Recent research revealed the existence of a new chemical element. It's the heaviest element know to science called Governmentium (Gv).

Gv has 1 neutron, 25 assistant neutrons, 88 deputy neutrons, 198 assistant deputy neutrons, giving it an atomic mass of 312. The 312 particles are held together by morons, which are surrounded by vast particles called peons.

Gv has no electrons, it is inert. It can be detected because it impedes every reaction it comes into contact with. A small amount of Gv can cause a reaction, that would take less than a second, to take over four days to complete.

Gv has a 1/2 life of 4 years. It doesn't decay. Gv's mass will increase over time causing more morons to become neutrons forming isodopes.

Moron promotion leads scientists to believe Gv is formed when morons reach a critical concentration, leading to morass.

When catalyzed with money, Gv becomes Administratium - an element which radiates as much energy as Gv since it has half as many peons but twice as many morons.

Anonymous said...

Eye viewers: We will hold a public rally next Tues, Wed, Thurs (3/11-3/13) from 9-3 pm in front of Bernalillo County Metro Court (4th and Lomas) regarding Judge Wayne Griegos. We will have a petition as per the NM Constitution (art II, sect 14) to convene a grand jury to investigate Griegos' actions. Please attend and bring as many others as possible to sign the petition. See you there! Center for Family Justice