Disciplinary Board Member Removed, Censured, For Scaring Pedestrian Judge With Car

The New Mexico Supreme Court not only imposed a sanction on a member of its Bar – the court also permanently removed the attorney from service on its Disciplinary Board

The conduct at issue in this disciplinary matter strikes at the very core of our legal system’s reliance on a professional, respectful relationship between the bench and bar to ensure the effective administration of justice. Respondent Eric Dixon  engaged in threatening and unprofessional conduct directed at New Mexico Ninth  Judicial District Judge Teddy Hartley, which is made all the more troubling by the  fact that Mr. Dixon was a member of our Disciplinary Board at the time of his misconduct. We issue this public censure to admonish Mr. Dixon for his misconduct.

The attorney was in his car when he saw the judge walking in the street. At issue was whether he had intended to threaten the judge’s safety. 

At the time of the misconduct, Judge Hartley was a district judge for the Ninth Judicial District Court. On April 5, 2011, Mr. Dixon was driving on Eighth Street in Clovis, New Mexico. According to the testimony of witnesses, when Mr. Dixon turned onto Main Street, he saw Judge Hartley crossing the street on his way back to the courthouse from lunch. Mr. Dixon honked his horn to get Judge Hartley’s attention, and then accelerated within the lane that Judge Hartley was still slowly crossing on foot. To avoid being hit by Mr. Dixon’s vehicle, Judge Hartley moved quickly to a space between two parked cars on the side of the road. Judge Hartley believed that he was in danger of being hit by Mr. Dixon’s approaching vehicle. While he was not injured, Judge Hartley was frightened and concerned for his well-being as a result of Mr. Dixon’s conduct.

The attorney denied that he intended to induce fear or even knowing it was the judge but

There was also evidence of past animosities between Mr. Dixon and Judge Hartley.  Judge Hartley had previously filed a disciplinary complaint against Mr. Dixon, and because Mr. Dixon had been critical of Judge Hartley’s efforts to secure funding for a new courthouse. The hearing committee relied upon this evidence to infer that Mr. Dixon’s actions were intentionally directed at Judge Hartley.

The court

accelerating one’s car toward a judge crossing the street, because of its inherently violent nature, necessarily calls into question one’s fitness as an attorney…

It is beyond question that Mr. Dixon’s conduct would be unacceptable from any member of society let alone an attorney who this Court entrusted with the privilege and responsibility of serving on our Disciplinary Board to oversee the conduct of his fellow attorneys…

Mr. Dixon’s misconduct, while reflecting most poorly on himself, also erodes the foundation of our legal system and undermines its reputation in the eyes of the public. Without an unwavering public demonstration of  trust and respect between the members of the bench and the bar, we cannot expect the public to trust and respect us. Seen in that light, there can be no doubt that Mr. Dixon’s wrongful misconduct was prejudicial to the administration of justice in New Mexico.

The court imposed a public censure.

KRQE News 13 reported on more recent assault charges against the attorney. (Mike Frisch)