New Mexico Judicial Election Improprieties

Center for Family Justice

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Next monthly meeting:

2:00 pm -3:00 pm, Saturday, August 2, 2008. (note: there will be no July meeting) Location: Cumberland Presbyterian Church at the corner of Academy and Moon. Park in the back (south side), we are in the Adult Education wing, just inside the door (Rm 403).
Topic: TBD

Election Improprieties

November 2, 2004 election. A number of attorneys that regularly practice in Judge Nan Nash's courtroom made no secret of their fundraising efforts on her behalf prior to the November 2, 2004 election in which she was a candidate. We have seen no evidence that Judge Nash, now the head of Bernalillo County Second Judicial District Family Court, recused herself from the attorneys' cases. A well-known family law firm, Atkinson and Kelsey, hosted a well-advertised fundraiser reception at their offices in October 2004 to raise money for Judge Nan Nash's campaign. The reception announcement states,"Join the candidates for a fundraiser reception at the office of Atkinson & Kelsey, P.A." Download reception announcement as pdf The practicing attorneys at the Atkinson and Kelsey firm at the time included David Kelsey, Jon Feder, Thomas Montoya, Virginia Dugan, Denise Ready, Patrick McDaniel, Gregg Velasquez, Sandra Gardner, and Allison Pieroni. Download page from the Atkinson & Kelsey firm web site as pdf, September 2004. Now take a look at Judge Nan Nash's docket calendar for September 23, 2004. Download Sept 23, 2004 docket calendar as pdf Note the circled attorneys' names on the two-page list: Denise Ready, David Kelsey, and Gregg Velasquez from Atkinson and Kelsey. Judge Nan Nash was hearing issues from these attorneys at a time when they were sponsoring a large, publicly-known fundraiser event for her! Judge Nash did not recuse from these cases, but kept right on hearing them regardless of the impropriety. Apparently Judge Nan Nash attended the reception and actually saw the attorneys there who intended to donate to her campaign.

The Judicial Code of Conduct, a set of ethics laws for judges from the New Mexico Rules, Annotated (NMRA) 21-800 states that:

"Candidates for judicial office . . . shall not personally solicit or personally accept campaign contributions from any attorney, or from any litigant in a case pending before the candidate. Contributions from attorneys and litigants shall be made only to a campaign committee . . . Campaign committees shall not disclose to the judge or candidate the identity or source of any funds raised by the committee. . . Download entire text of Rule as pdf.

Finally, a letter was mailed out to hundreds of Albuquerque attorneys soliciting funds for Judge Nan Nash. At least two of the signatories are attorneys who regularly appear in family court. Download solicitation letter as pdf. Has Judge Nan Nash fulfilled her ethical duty and recused herself from all cases with the attorneys that attended the Atkinson and Kelsey fundraiser? Has she recused herself from all Atkinson and Kelsey cases? Clearly she had not done so as of September 23, 2004. Would that legal office have bothered to hold a fundraiser for her if it was believed that as a result she would meet her ethical duty by law and recuse from all Atkinson and Kelsey cases? What about the signatories on the solicitation letter? Would you consider that a letter from a "campaign committee", or from the four individuals who are signatories on the letter? What does it matter that the checks written at the Atkinson and Kelsey "fundraiser reception" were made out to a campaign committee? Does that satisfy your sense that Judge Nash had no idea who donated to her campaign? She was at the reception. This is nothing less than the open courting of favors from a judge who was predicted to become the head of the Bernalillo family court. We, the public, should demand that Judge Nash step down from the bench for this open, shameless disregard for the Code of Judicial Conduct. Likewise, all members of the bar who helped with her campaign or appeared at the "fundraiser reception" (or hosted it) and argued in Judge Nash's courtroom after the public advertising of this fundraiser, after their attendance, after helping with her campaign, or after the solicitation letter was mailed out should be disciplined. This is one of the clearest indicators that New Mexico's family court system is corrupt! CFJ wonders how many years such improprieties have been allowed to fester in this system, and as a result how many judicial favors are owed. We are under no illusions that this is the first time such improprieties have occurred.

last updated on October 7, 2007

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