Current:Home > StocksNew Mexico Supreme Court reprimands judge who advised prosecutors in case involving his daughter-InfoLens
New Mexico Supreme Court reprimands judge who advised prosecutors in case involving his daughter
View Date:2024-12-23 14:53:14
SANTA FE, N.M. (AP) — The New Mexico Supreme Court has publicly censured a state judge in Las Cruces with for providing advice to prosecutors during a 2021 trial of a man accused of pointing an assault rifle at the judge’s daughter.
Third District Judge James Martin also was censured for allowing his daughter to wait in his chambers before she testified at the trial — which another judge presided over — and for having an inappropriate conversation with the prosecutors after Robert Burnham was convicted of aggravated assault by use of a firearm.
Martin accepted the court’s decision, the Supreme Court said. It said Martin “denied committing willful misconduct” but “viewed through the lens of hindsight ... recognizes the potential for appearance of impropriety based upon his conduct.”
The justices said their decision reached Nov. 13 was not selected for publication in the formal New Mexico Appellate Records. But it was made public this week and will be published in the New Mexico Bar Bulletin.
Martin did not immediately respond Thursday to The Associated Press’ requests for comment sent in an email and left in a telephone message at his office at the court, which was closed for the holiday.
Burnham is appealing the conviction stemming from the 2018 incident outside a Las Cruces bar he owned. He told police that he had recently won the rifle in a raffle and was just moving it inside his car.
The Supreme Court said after the first day of the two-day jury trial in 2021 before Third District Judge Steven Blankinship that Martin telephoned Assistant District Attorney Samuel Rosten and told him he should use the term “brandished a firearm” in his jury instructions instead of “pointed a firearm” at the alleged victim, Martin’s daughter.
The next day the prosecution followed that advice.
Following the conviction, Martin inquired as to whether Burnham had been remanded to custody while awaiting sentencing. When Martin learned that he had, he told the prosecutors, “Good thing he was remanded, otherwise I would have told you to go back in there and try again.”
Martin improperly allowed his daughter to be present for that conversation. He also improperly allowed his daughter to wait in his chambers down the hall while waiting to be called as a witness at the trial, the high court said.
The justices said Martin originally provided advice to the prosecutors because he recognized a legitimate mistake of law in their proposed jury instructions.
“Judge Martin believed that he was acting in his daughter’s best interest by pointing out the mistake. Judge Martin’s actions created an appearance of impropriety, which should not be ignored,” Chief Justice C. Shannon Bacon wrote in the decision joined by the four other justices.
“We issue this censure not only to remind judges of their responsibility to avoid the appearance of impropriety but also to ensure the public that our legal system is committed to maintaining an independent, fair and impartial judiciary under the law,” they said.
veryGood! (98)
Related
- Armie Hammer Says His Mom Gifted Him a Vasectomy for His 38th Birthday
- This city manager wants California to prepare for a megastorm before it's too late
- Why Kelly Ripa and Mark Consuelos’ Kids Have Them Blocked on Social Media
- Ariana Madix Is Feeling Amazing as She Attends Coachella After Tom Sandoval Split
- More human remains from Philadelphia’s 1985 MOVE bombing have been found at a museum
- With record-breaking heat, zoos are finding ways to keep their animals cool
- This artist gets up to her neck in water to spread awareness of climate change
- Biden announced a $600 billion global infrastructure program to counter China's clout
- 2025 NFL Draft order: Updated first round picks after Week 10 games
- Ukrainians have a special place in their hearts for Boris Johnson
Ranking
- NASCAR Hall of Fame driver Bobby Allison dies at 86
- Olivia Culpo’s Guide to Coachella: Tips and Tricks To Make the Most of Festival Season
- Flood-damaged Death Valley will reopen popular sites to the public
- The U.K. gets ready for travel disruptions as temperatures may hit 104 F
- Shawn Mendes Confesses He and Camila Cabello Are No Longer the Closest
- More than 3 feet of rain triggers evacuation warnings in Australia's largest city
- The Amazon, the Colorado River and a price on nature
- Get Thick, Natural-Looking Eyebrows With This $25 Deal on 2 Top-Selling Too Faced Products
Recommendation
-
Roster limits in college small sports put athletes on chopping block while coaches look for answers
-
As a heat wave blankets much of the U.S., utilities are managing to keep up, for now
-
The strange underground economy of tree poaching
-
These Towel Scrunchies With 8,100+ 5-Star Reviews Dry My Long Hair in 30 Minutes Without Creases
-
Massive dust storm reduces visibility, causes vehicle pileup on central California highway
-
With record-breaking heat, zoos are finding ways to keep their animals cool
-
New Zealand's national climate plan includes possibly seeking higher ground
-
Why Olivia Culpo's Sisters Weren't Told About Christian McCaffrey's Proposal Plans