Luján clears way for Block impeachment process to start

Public Regulation Commissioner Jerome Block Jr.

House Speaker Ben Luján will appoint a subcommittee during next month’s special session to begin consideration of the impeachment of Public Regulation Commissioner Jerome Block Jr.

Luján wrote Tuesday in a letter to legislative leaders from both parties that, “because of the seriousness of the allegations,” he intends to appoint a subcommittee of the House Rules and Order of Business Committee to investigate whether the full House should consider impeaching Block.

You can read Luján’s letter here.

Block faces a number of controversies that have led many Democrats to join Republicans in calling for his resignation. Block and his father are facing felony and misdemeanor charges related to misusing the state’s public financing system during Block’s 2008 election.

More recently, Block admitted to an addiction to oxycodone, a pain reliever, after a number of scandals popped up at once. The state auditor and attorney general are looking into use of Block’s government-funded gas card after the public learned that it was used more than once in a day on a number of occasions, sometimes minutes apart at multiple gas stations. The AG is also investigating the potential improper use of PRC employees’ gas cards by Block.

And Block is being investigated for potential auto theft after he allegedly took a vehicle from a Santa Fe dealership for a test drive on July 13 and never returned it. After it was reported stolen, police found the vehicle parked near downtown Santa Fe.

Block was also driving a state vehicle while his license was suspended.

Block has refused to resign despite calls from his own state Democratic Party chairman, the chairs of eight county parties in his PRC district, and all of his colleagues on the PRC to do so.

Luján likely came under a great deal of pressure

State Rep. Nate Gentry, R-Albuquerque and one of the leaders of the movement to consider impeachment of Block, said called it “unfortunate that we have to spend our legislative time and taxpayer money on this process.”

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“I look forward to quickly reviewing the evidence against Commissioner Block and, if necessary, proceeding with his removal from office,” Gentry said.

Luján’s move makes it more likely that the House will do just that. Earlier this week, the speaker was quoted by The Santa Fe New Mexican as saying it was premature to form a committee to investigate whether the House should consider impeachment.

What changed? Well, with that statement Luján became the most powerful Democrat to say something that could be interpreted as a defense of Block. Heading into an election year, many Democrats are anxious to resolve the situation and close the door on a major scandal involving a member of their party.

Luján likely came under a great deal of pressure from within his own party to change his mind. Members of the House could have worked around Luján to try to empanel a subcommittee, but his support for such action makes it much easier.

Subcommittee expected to ‘work expeditiously’

As Roundhouse columnist Jay Miller recently pointed out, the most difficult issue may not be whether the political will to impeach Block exists, but the time and money the process, which has never been completed in New Mexico, will take. From Miller:

“The impeachment route is a possibility, but it isn’t practical. The process takes a very long time. If New Mexico had a full-time Legislature, the situation would be easier.

“… But there also are cost concerns. Everyone would have to ‘lawyer up.’ The House committee that meets to decide whether to recommend an impeachment trial will need much legal advice – about $100,000 worth.

“The House will need its own legal advice for the actual impeachment proceedings. If impeached, Block then would go to trial by the Senate, which would need its legal advice.

Expert witnesses and extra staff would be needed. And unless these proceedings can be sandwiched into the Legislature’s other business, which is unlikely, figure on another $50,000 a day. Some warn it may take 20 days.”

Luján wrote in his letter that he expect the subcommittee to “work expeditiously” during a special session with a number of other items on the agenda, including redistricting, but he will ask the N.M. Legislative Council to give it the authority to meet in the interim if necessary.

Will Block give up before then and resign, making impeachment proceedings unnecessary? That’s what former State Treasurer Robert Vigil, who faced federal charges including extortion, did in 2005.

Miller said Block could “give up because of a lack of funds to pay for his defense,” but pointed out that Block’s job earns him $90,000 a year. Miller predicted that Block is not going to resign “until forced to do so.”

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