Some Democrats pushing politico Macias, but other judicial applicants are better candidates

Rusty Babington and Mike Murphy are the more qualified of the three candidates the governor is considering for the children’s court judgeship in Las Cruces, but that isn’t stopping many Democrats from backing Fernando Macias.

The Doña Ana County Democratic Party meets Tuesday night to decide who to place on the ballot in November. The party could opt for someone who isn’t on the short list sent to Richardson, but the reality is that county Democrats and the governor are working hard to get on the same page, and Babington, Murphy and Macias are the names before the governor.

A secret meeting of many Democratic Party leaders is being held tonight to discuss the issue.

Democrats want to avoid the embarrassment of 2004, when Gov. Bill Richardson upset the county party by appointing a magistrate judge without first consulting the party. The party responded by shafting the governor’s appointment and placing someone else on the ballot, which was a huge embarrassment for the governor.

So the talk is about how to avoid a similar situation. Though Babington and Murphy and more qualified, Macias is a career politician with influence, and he is using it.

In addition, because scandal has forced the resignations of three Democratic judges in the past two years, many Democrats are worried that a strong Republican candidate has a chance of being elected, and they’re falling back on the conventional wisdom that the strongest Democratic candidate is a Hispanic.

Leading to Macias.

But there are many in the party who are working against Macias being appointed or placed on the ballot in November. The controversial politico practiced little law in the past decade as he focused on his duties as a state senator, a failed run for lieutenant governor, and administrative jobs that included Doña Ana County manager.

Controversies during his tenure as county manager included elections snafus, his own contested reelection, and the arrest of the Sunland Park mayor in the late 1990s for violating a county ordinance that was approved at an illegal meeting for the purpose of stopping the city from building a water line.

But it was the recent judicial scandals that were on the minds of many during Monday’s interviews.

Babington said he applied for the position because he is concerned about “the public’s confidence in the judiciary” following the recent scandals.

“I think it’s time for a change,” he said.

Murphy, like Babington, is an experienced attorney and considered an expert in his field of domestic relations, but he acknowledged Monday that he carries some baggage. When asked by Presiding District Court Judge Robert E. Robles, Murphy admitted to having a reputation for making “locker-room jokes,” but insisted that his conduct has never risen to the level of “abusive and insulting language.”

That’s an especially touchy subject because Larry Ramirez, the Democrat whose resignation created this opening, was plagued by allegations of sexual harassment and making inappropriate comments. Ramirez resigned more than two weeks ago because he said fighting the allegations would take too great a toll on his health and pocketbook.

Macias told the commission his administrative experience would actually help him as the children’s court judge, and he made wide-ranging promises that, if appointed, he would lead a reform of the overworked children’s court while also finding time to handle the day-to-day caseload and volunteer when other judges need help.

Though Babington and Murphy received some praise from commission members, Macias received the most.

“I think that you might actually be able to pull off the role and vision that you see for this position,” said State Sen. Cynthia Nava, a member of the committee.

“You have a unique application,” said Richard Bosson, chief justice of the New Mexico Supreme Court. “In fact, you should be applying for my job.”

Other Democrats close to the court told me Macias won’t have time to keep the promise of reform because the court is so busy with its day-to-day workload. One suggested Macias sounded more like a legislator than a judicial applicant during his interview, and said Macias may not understand the difference.

What Macias’ supporters don’t realize is that the Republicans wouldn’t likely put up a candidate, or at least a strong one, in November if the new judge is Babington or Murphy. The appointment of either would be seen as a non-partisan selection of an attorney who has respect across party lines, several Republicans told me.

Such was the case this year with District Judge Jim T. Martin, a Democrat who is a former prosecutor and respected by Democrats and Republicans alike. Because of that respect, he is unopposed this year.

If Macias gets the appointment, Republican sources tell me, they’ll suspect partisan politics. Instead of having decades of respected legal work, Macias is a political insider. In fact, his wife ran the governor’s office in Las Cruces for a time. Macias has been working those ties to try to secure the job through political means.

Because of all that, Macias would likely draw a strong Republican opponent in November, sources tell me.

As he should. Our judges should be selected based on qualifications and high ethical standards, not politics. If we learned nothing else from all the judicial mishaps of the past two years, we should have learned that.

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