New Mexico municipal judge gives verbal intent to resign
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July 13, 2012
Los Lunas, New Mexico: Mayor Robert Vialpando of Los Lunas recently received a verbal intent of resignation from municipal Judge Jeff Aragon.[1]
Judge Jeff Aragon began his career as a municipal court judge after being elected in March of 2002, and then being re-elected in March 2010. Though he had given his verbal intent of resignation, he is still presiding in his judicial position until he has sent in an official letter of resignation and the process of finding a replacement for his position has been successfully concluded.[1]
Los Lunas Village Administrator Greg Martin commented, saying “My understanding is an official resignation letter will come from an attorney that he (Aragon) has hired. The village is essentially waiting for the letter to be sent in order to officially accept that resignation.”[1]
Judge Aragon declined to comment on the matter, saying only, "Not at this time, I have court schedules. If, and (when) I need to make a statement, OK, if and (when), remember that, I will contact you.”[1]
It has been made aware that Judge Aragon is being investigated by the New Mexico Judicial Standards Commission, and while the executive director, Randall Roybal, could not confirm nor deny there was such an investigation, as ongoing investigations remain confidential, he did say “With any matter, we want to take great care and be thorough and complete.”[1]
Accompanying the investigation by the New Mexico Judicial Standards Commission was a complaint consisting of a civil restraining order requested by the Los Lunas Chief Court Clerk Denise LeDoux against Judge Aragon. On July 6, 2012, a temporary restraining order was granted and then fulfilled in the New Mexico Thirteenth Judicial District Court.[1]
LeDoux claimed that Judge Aragon gave her threats after she gave a deposition to the New Mexico Judicial Standards Commission on a case involving Aragon. The complaint also states that Aragon told the clerk to resign and that her last day of work was supposed to be July 6, 2012, the same day he would be leaving the municipal court from his resignation from elected office. According to LeDoux, Judge Aragon told her, “I am the judge and I am telling you that you will resign. Don’t you dare show up to work tomorrow (on June 28).”[1]
LeDoux claims the municipal court has been a hostile work environment and that Judge Aragon's “abuse of power has gone on” for many years. In addition, Le Doux felt compelled to move away and change her phone number, “for fear of harassing text messages and or phone calls from Jeff Aragon insisting that I turn in my resignation. (Aragon) has forced me to leave my home as well as Valencia County for fear of running into (him). I am in fear for my safety as well as my child’s safety.”[1]
The restraining order, signed by District Judge William Sanchez, has conditions that Judge Aragon must comply with, including that he “shall not threaten, alarm, annoy, stalk or harass” LeDoux or her household members. A hearing on the restraining order will be held 10:30 a.m., Friday, July 27, 2012. Special Commissioner Charles Sanchez will be determining whether or not the restraining order shall become permanent.[1]
Of this matter, Village Administrator Greg Martin said, "All I can say is we have received a verbal resignation and are working toward a smooth transition to a new judge subject to the approval of the mayor and council, and in the meantime assisting, because the restraining order was really a separate issue, I guess, from the resignation itself, but happened to show up at around the same time."[1]
While the village is still dealing with the issue of finding alternate judges in the case Judge Aragon cannot preside, Mayor Vialpando stated that, “There are pro-tem judges that could fill in." Martin added, “But of course, there are things that can be done to operate with or without a sitting judge in terms of the court operations. We’re trying to work that out.”[1]
However, the earliest the village could present a municipal judge transition plan before the council will be Thursday, July 26, 2012. The three alternate judges being considered for Judge Aragon's replacement are Avilio Chavez, E.J. Jaramillo and Phillip “Shorty” Romero, who had run for magistrate judge in the past, and stated that “he might have to take a look” at a judgeship position if it were offered.[1]
UPDATE
The New Mexico Supreme Court has accepted the resignation of Los Lunas Municipal Judge Jeff Aragon. The resignation was effective as of 5 p.m., Friday, July 20, 2012.[2]
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