Gut Check

The New Mexico Supreme Court has censured a county magistrate court judge

A complaint was filed against Judge Valdez with the Commission. The Commission completed its initial investigation, including completion of an informal conference which allowed Judge Valdez to personally discuss the allegations with the Commission. The Commission filed a notice of formal proceedings against Judge Valdez on June 13, 2024. The Commission and Judge Valdez entered into the Stipulation after that filing. As part of the Stipulation, Judge Valdez denied committing willful misconduct but agreed that the Commission could find willful misconduct based on the following facts:

A. On or between December 2022 and July 2023, [Judge Valdez] had inappropriate physical contact with [a magistrate court clerk] by poking him with a gel-filled keyboard wrist-rest.

B. On or between December 2022 and July 2023, [Judge Valdez] made inappropriate and/or denigrating comments to [a magistrate court clerk], stating words to the effect: He is starting to get fat and needs to lose weight; his facial hair is not appropriate and is shaggy for work; he needs haircuts; he looks like a punching bag; he should do push-ups and sit ups to lose weight; and that he has a gut.

C. On or about July 6, 2023, [Judge Valdez] became upset with [a magistrate court clerk] and angrily slammed files down on his desk after hearing about [the clerk’s] complaint that [Judge Valdez] did not sign documents in a timely fashion.

Sanction

These violations erode the public’s confidence, reflect negatively on the New Mexico judiciary as a whole, and are prejudicial to the effective administration of justice. A public censure is therefore appropriate under the Court’s power to discipline judges under the New Mexico Constitution Article VI, Section 32, and the Court’s power of superintending control under the New Mexico Constitution Article VI, Section 3. The imposition of judicial discipline protects the public, preserves the public’s confidence in the integrity, independence, and impartiality of the judicial system, and enforces the standards of conduct established by the Code of Judicial Conduct.

Having considered the stipulated facts, violations of the Code of Judicial Conduct, and the approved Stipulation, we hereby publicly censure Judge Valdez for willfully violating the rules and standards that govern every New Mexico judge’s conduct. We issue this public censure to ensure the public’s confidence in the integrity, impartiality, and independence of the judiciary and to remind all judges that misconduct, which erodes the public’s confidence, will not be tolerated.

For the foregoing reasons, Hon. Johnny Valdez is hereby publicly censured for willful misconduct as set forth fully in the Stipulation, which this Court accepted, adopted, and confirmed.

(Mike Frisch)