La Politica New Mexico Adopts Comments Policy

Due to a recent orchestration of anonymous comments submitted,apparently, on behalf of a political cause, I decided to clarify my policy on handling comments. I adapted many of these from the policy statement of Heath Haussamen on his blog.

Lower Rio Grande Mutual Domestics Discuss HB 185

The Lower Rio Grade Mutual Domestic Water Association held their regular board meeting this morning in Berino. Among the items discussed was HB 185, introduced in the House of Representatives by Rep. Joseph Cervantes, which would merge the five mutual domestics--Desert Sands, Vado, Berino, Mesquite, and La Mesa, into one regional authority.

There appears to have been some confusion about the exact provisions in the bill inasmuch as a substitute bill was introduced last week, replacing the original bill. But the substitute bill was not published by the legislature until yesterday, several days after some citizens had complained about the wording of the first bill, thinking it was the bill before the House Agriculture and Water Resources Committee. The two bills were not identical, and the original one contained language that empowered the proposed authority more than the substitute bill.

The New Mexico Municipal League worked with the sponsors of the bill, and it's language was altered. As citizens in the South Mesilla Valley became aware of the language of the substitute bill, opposition to it appears to have declined. Only one person present at the meeting this morning, Ms. Natalicia Mercado, expressed reservations against the bill. She indicated she was frustrated by difficulties in finding out whether the existing mutual domestic was running in the red or in the black and expressed her concern that the same people running the mutuals would be running the new authority. Mr. Martin Lopez and Mr. Martin Nieto, who helped lobby for the bill, answered a number of questions, reiterating that the only major change in the legal status of the five mutual domestics would be the economies of scale realized by the merger and the ability to use revenue bonds for improvements to the system.

Mr. Mitch Boyer, of Vado, indicated he felt more could have been done by the association to solicit "buy-in for the bill" and suggested the board of the new entity might build in more oversight. Mr. Manny Garcia stated he felt many citizens "didn't know about 185."

If the bill clears the House of Representatives it will move to the Senate. Should it pass into law new governance regulations will be created, including provisions for citizen input.

Rep. Andy Nunez Introduces HB296 to Raise the Population Required for Metro Court: Would Counteract HB 275

Rep. Andy Nunez has introduced a bill to raise the county population size required to trigger a transition toward a metro court system. If signed into law the bill would effectively delay the creation of a metro court in Dona Ana County until after the 2020 census.

It is no accident that the bill was introduced by Rep. Nunez, whose constituency extends to Hatch and Garfield, 40 and 50 miles away from Las Cruces. Under the present system magistrate courts have offices in Hatch and Anthony, for the convenience of persons accused of misdemeanors. But if a bill sponsored this year by Rep. Joni Gutierrez (HB 275) becomes law citizens in the outlying communities of Garfield, Hatch, Rodey, Rincon, Radium Springs, Sunland Park, Chamberino, La Union, Santa Teresa, Chaparral, Anthony, Mesquite, Vado, Berino, La Mesa, and San Miguel--more than half the county's population--would all have to commute all the way to the courthouse in Las Cruces.

Many of Mr. Nunez's constituents from the northern part of the county are displeased by the surprise introduction this year of HB 275, creating a metro court this year. Under existing law counties are forced automatically to shift to a metro court system when the U.S. census indicates the population has reached 200,000. Thus, the shift would begin with the census of 2010. However, Rep. Gutierrez's HB 275 would create a metro court in Dona Ana County this year. HB 292 would render her bill inoperative, since it would raise the population size needed to trigger the creation of a metro court from 200,000 to 350,000. For more information see my blogs here this morning and yesterday.

Martin Lopez, Gen. Manager of the Mesquite domestic mutual water district, clarifies differences between water systems

I had a brief telephone conversation this afternoon with Mr. Martin Lopez, Manager of the Mesquite mutual domestic water association, which joined in with four other mutual domestic water associations to propose HB 185, creating a Lower Rio Grande Public Waterworks Authority merging the five districts into one. I asked him to clarify the differences between a mutual domestic water association, a waterworks authority, a water and sanitation district, and a municipal water utility. He replied that in terms of powers, a municipal water utility is tops, followed by a water and sanitation district, followed by a waterworks authority, and finally a mutual domestic, on the bottom. The major difference in power between a mutual domestic and an authority is that an authority has bonding capacity. This, he said, is the major reason the five mutual domestics have requested passage of HB 185. Aside from realizing potential economies of scale and seeking common funding sources, the Public Waterworks Authority, if passed, would have bonding capacity (not allowed by mutual domestics), which would give it the autonomy to raise funds on its own for improvements to the system. The Authority would not be competitive in power, say, with the Anthony Water and Sanitation District, which has much broader and more extensive powers, and the Authority could be absorbed at a later date by a municipality.

From comments I received to a blog I did yesterday on HB 185, it appeared there might be some confusion about just what kinds of powers the Authority might acquire and I shared in that confusion. Hopefully, Mr. Lopez's comments help clarify this point.

Committee Advocating Metro Court Excludes Hispanics and Rural Voters: Legislators Beware

Yesterday I received a copy of an email sent by what appears to be the League of Women Voters Metro Court Committee, the only source of visible support for a bill (HB 275) introduced by Rep. Joni Gutierrez, immediately creating a metro court for Dona Ana County.

What is astonishing in reviewing 53 persons on the list is the complete absence of a single Hispanic name. Moreover, there appears to be virtually no representation of persons living outside of Las Cruces, although nearly 55% of the population of the county lies outside the city.

What is wrong here is that in a county in which two out of three residents is Hispanic and 55% of the total population lives outside Las Cruces, the League of Women Voters would be so bold as to create a committee, purporting to represent the civic interests of the whole county, but in which the ethnic and geographic majorities are excluded. Clearly, the move to metro court has powerful implications for Hispanic citizens and for citizens living a distance from Las Cruces. And even more boldly, the League apparently feels comfortable trying to rush this bill through the legislature without even the pretense of sounding out public opinion in any sector of the population. The views of the 53 persons on the committee appear to be quite enough for everyone in the county, thank you.

Why the big rush to create a metro court here, right this minute? Existing legislation contemplates creating a metro court when the census indicates a county has reached a population of 200,000. This will happen one year from now when the census is taken, so why rush things before the entire community can be consulted about an important civic change? Does this bill represent any sector of the population except for the lawyers who would most assuredly benefit from it, and an all-Anglo committee of the League of Women Voters? Why was HB 275 introduced in the first place?

There is nothing magically "good" about moving to a metro court system. Anyone who wants an independent assessment of the metro court in Albuquerque (the only other metro court in New Mexico) after twenty years of operation should read the Soich Report, written by an employee of the New Mexico Administrative Office of the Courts for the Institute for Court Management, in May 2000. I have a copy in my possession and will make it available to anyone who wants to read it. I have already outlined my objections to metro court (and issued a disclaimer as well) in a blog I posted here yesterday (www://lapoliticanewmexico.blogspot.com), and I would welcome a debate with anyone about the issue. Citizens should hear both sides of the issue: so far, this has not happened.

Legislators of New Mexico, let's be fair about this. Don't enact into law the views of a highly unrepresentative committee until Hispanic citizens and people living outside Las Cruces have a chance to respond. Before shoving a major change in our judicial system down the throats of our citizens give the majority a chance to make their views known.

Sen. Nava Introduces SB 382, Allowing Permit Denials for "Bad Actors"

Sen.Cynthia Nava has introduced a bill amending the Air Quality Control Act that would, among other things, allow the state Department of Environment to deny or revoke a permit to entities that have a poor compliance record. Sections of the bill apply to entities that have "exhibited a history of willful disregard for environmental laws," or misrepresented material facts in applications, or failed to disclose required information, among other causes for potential revocation of a permit.

This bill strengthens the authority of the Secretary of the Environment to act against an actor that may have shown bad faith in the application procedure or while holding a permit. Some citizens in Mesquite are likely to comb the bill to check against its potential applicability to Helena Chemical Company, which has been embroiled in environmentally-based controversies for several years.

HB 185 Clears House Committee

HB 185, which merges five South Mesilla Valley mutual domestics into one Authority, received a unanimous "do pass" vote in the House Agriculture and Water Resources Committee today. According to Martin Lopez, General Manager of the Mesquite MDWC & MSWA, the bill now heads to the House Health and Government Affairs Committee. The bill appears to enjoy considerable support from local and statewide entities, including the Farm Bureau, the Municipal League, and the City of Las Cruces Water Utility. It was introduced by Rep. Joseph Cervantes.

Metro Court in Dona Ana County? Why this is a bad idea

Rep. Joni Gutierrez has introduced a bill (HB 275) to create a metropolitan court immediately in Dona Ana County. Metro is a court of record, meaning that every word of the proceedings would be transcribed and preserved, and citizens are required to elect judges who are attorneys. Currently, magistrate is not a court of record, and citizens may vote for ordinary citizens, if they choose, for judges. While the notion of a metro court is superficially appealing--it suggests the quality of judges and proceedings will improve--there are powerful reasons to leave the current system untouched in Dona Ana County. Here's why (Valle del Sur: pay special attention):

1. Check out Metro Court in Bernalillo County: You want this?
The strongest reason to oppose metro court here is the uninspiring record of the only metro court in New Mexico, that of Bernalillo County. In a well documented, independent study written in 2000 by Zella Kay Soich, the author reached these conclusions about the Bernalillo Metro Court: "based on current attitudes and experiences...the public and lawyers are still critical of long waits, delays, expense (in time and money) and frustration." (Zella Kay Soich, "Improving Court Efficiency in New Mexico by Establishing a Metropolitan Court System: An Analysis and Assessment," Institute for Court Management, May 2000, p. 24).

After the imposition of the metro court in 1979 (then, as now, with lightning speed, and little discussion) case loads "immediately increased 25%," clogging up court operations and "causing the court to unravel." (Soich, p. 20) The Albuquerque Journal reported in 1980 "people are getting a horrible view of justice in America." (Soich, p. 20) The next year one lawyer said the court was "still a zoo," and still another year later the Albuquerque Tribune characterized the court as "chaos." (Soich, p. 21) In 2002 the Albuquerque Tribune wrote that "tardiness, rudeness, and a tendency to go easy on offenders are among the reasons a court watch group is recommending that half (7) of the (14) metro judges...should not be retained in this election." (Joline Gutierrez Krueger, ABQ Tribune, Oct. 25, 2002). In 2006 the Albuquerque Journal reported that for the previous decade, more than a third (about 2500 out of 7500) of DWI cases in Metro court were dismissed without being heard. (ABQ Journal, Jeff Procter, Dec. 7, 2006). If it doesn't work that well in Albuquerque after 30 years, is there any reason to believe it would work better in Las Cruces?

I challenge anyone to find evidence that would indicate the Metro Court is "better" than the magistrate court--the perception of the public, the quality of the service, etc. But it is a lot more expensive!

2. The Metro Court Triples the Cost of Magistrate Court
In 2005 the total budget for Dona Ana County's municipal and magistrate courts was $3,396,510 for ten judges and a staff of 62. The Dona Ana Court Consolidation Study Committee in November 2005 estimated a metro court for Dona Ana County would cost $11,009,906 for only 7 judges and a staff of 77: more staff, fewer judges--just the opposite of efficiency. The bill introduced by Rep. Gutierrez now contemplates 8 judges (magistrate court too has been awarded another judge), but appropriates only $5 million. And it will cost a whole lot more than the 2005 figure of $11 million in the bloated prices of 2009. Costs in Metro court are way up: judges there are now earning $106,000, compared to magistrate judge salaries of less than $80,000. Where will the rest come from? With no guarantee of improving service, should taxpayers be shelling out three times more for this?

If you live outside Las Cruces, the idea of Metro Court is especially troubling.

3. Metro Court hurts the South and North Valleys of Dona Ana County. Today, magistrate courts operate in Anthony, Las Cruces, and Hatch. With metro court only Las Cruces has a court. People from Sunland Park, Santa Teresa, La Union, Chamberino, Anthony, Berino, Mesquite, Chaparral, San Miguel, La Mesa, Garfield, Hatch, Rodey, and Rincon would be forced to drive long distances to get to metro court. In fact, 54% of the population of Dona Ana County lives outside Las Cruces, so more than half the county--well over 100,000 people--would be negatively affected. Thirty years after getting a metro court in Albuquerque, citizens in the outlying areas are still complaining about the inconvenience. Dona Ana County is more than three times larger than Bernalillo County and is one of the poorest counties in the state. This represents a serious imposition on most citizens of the county.

Next: do you really want lawyers involved in this?

4. Metro court forces citizens to vote for attorneys for judges, eliminating the People's Court. Magistrate judges can be attorneys or ordinary citizens. Metro court forces you to vote for attorneys to judge petty cases. There are two major problems here. First, when charged with an offense you are much more likely in a Metro court to feel you have to get an attorney, adding significantly to the cost and quite possibly the time it takes to resolve an issue. Do you really want your petty cases decided by lawyers splitting hairs about legal details? Petty cases require common sense, not advanced degrees. Second, the concept behind magistrate court is that it is a People's Court, where common sense and local community standards determine the outcome. Attorneys are much less likely to understand local community standards, especially in places like the South Valley or Hatch, and they are, if anything, less likely to have the bottom line sense of justice of ordinary citizens.

5. Metro courts are courts of record: beware. Magistrate courts are not. Given the increasing sensitivity of governments to a person's background for a security clearance, do you really want the details of your daughter's Saturday night adventures preserved for public inspection and quotation forever? We aren't talking about felonies here, because these automatically go to District Court where they are, as they should be, recorded. But this is a petty court. It seems foolish to expose our misdemeanors to permanent, detailed inspection, when most citizens elsewhere do not.

Bottom Line

The current system of magistrate and municipal courts is well over half a century old. It was designed wisely, with the knowledge that, in contrast to higher courts, most people at one time or another will appear in magistrate or municipal court. It is in these courts that citizens actually meet face to face with our judicial system. Dispensation of justice should be in accord with local norms, by people known and well respected in the local community, elected by their peers. It should not have the faceless and stiff formality of higher courts where lawyers and legal arguments prevail. A People's Court prizes settling minor cases in a fair manner, given all circumstances, rather than by the outcome of a debate among expensive lawyers splitting hairs about the interpretation of obscure legal codes. In Bernalillo County, the only other place in New Mexico that has experimented with Metro Court, it is anything but clear after 3o years that the lawyer-based system is one iota better than the magistrate courts.

There is no pressure from any quarter for a switch to Metro Court, except from lawyers (who stand to gain from Metro Court) and the well-intentioned, but all-too-often narrowly focused League of Women Voters (whose members vastly under-represent Hispanic citizens here) for this change. Hispanics constitute 65% of the county: where are their voices?

Full Disclosure: My wife is a magistrate judge. Her term expires in 2010. I did not consult with her in writing this piece, and the passage or non-passage of this bill will not affect her tenure in office. I became a passionate supporter of the magistrate court system as a result of conversations about 25 years ago with Magistrate Judge Ruben Maynez, as many of my students will attest to, long before my wife became a judge.

Rep. Cervantes Introduces Bill to Form Regional Water Authority

Rep. Joseph Cervantes has introduced HB 185, which would create the Lower Rio Grande Public Waterworks Authority. This would merge five mutual domestic water and wastewater service providers--Berino, Desert Sands, La Mesa, Mesquite, and Vado--into one. The five entities held public hearings with members last September and each passed resolutions supporting this move. According to Martin Lopez, General Manager of the Mesquite MDWC&MSWA, the bill will be supported by the New Mexico Municipal League.

The Authority would be able to issue revenue bonds. The first board of directors would be made up of the five existing directors of the mutual domestics. The intent of the merger of the five entities is to realize economies of scale through unification.

HB 185 will be co-sponsored in the Senate by Sen. Mary Kay Papen.

Para Bealquin: Un brindis desde el Valle del Sur: Salud!

The selection of Bealquin Gomez to head the newly-installed offices of Congressman Harry Teague in Las Cruces (see below) appears to be an inspired choice. Mr. Gomez, who has lived for decades in La Mesa with his wife and two daughters, has extensive international experience, having traveled throughout the world during his career as an economist and extension specialist in the New Mexico Cooperative Extension Service, marketing New Mexico agricultural products, including wine, pecans, chile, cotton, and other products. He worked closely with county elected officials, providing handbooks and educational programs. He also acquired managerial skills as executive director of the Farm and Ranch Museum Foundation in Las Cruces, a post he held for a relatively short time after retiring from the Department of Agriculture. He is well known throughout New Mexico, and he speaks flawless spanish.

While Mr. Gomez will of course be responsible for helping connect citizens throughout the district to the Congressman, he should be especially sensitive to the needs of the South Mesilla Valley, inasmuch as he has lived here for many years, and is well acquainted with the people, farmers, businesses, and politicians of the Valle.

Bienvenido, Bealquin; buena suerte, te deseamos lo mejor: un brindis: Salud!

Harry Teague's Congressional Office Will Open Saturday in Las Cruces: Public Invited

Congressman Harry Teague will open up his office in Las Cruces on Saturday. The office is located at 135 Griggs. The official opening and reception will be held from 12-3 p.m. on Saturday, January 31. The public is invited and encouraged to come. Mr. Bealquin (Bill) Gomez, of La Mesa, has been selected to head the office.

The local office telephone number is 522 3908. The Washington office telephone number is (202) 225-2365.

George R. Garcia, R.I.P

Funeral services for South Mesilla Valley resident George Garcia were held today at Immaculate Heart of Mary Cathedral, with Bishop Ricardo Ramirez, officiating. Garcia (no relation) died on January 18 at the age of 74, after a long illness.

George Garcia is well remembered by generations old enough to remember as an outstanding baseball player. His Las Cruces High School team became State Champion in baseball and he went on to the farm team for the Washington Senators and later the La Mesa Blue Jays.

He married Mary Helen Apodaca, the daughter of a prominent South Valley family. The Apodaca farm later pioneered the cultivation and processing of Louisiana-style chile peppers, building the largest chile processing plant in the U.S. Mary Helen is currently serving as State Representative of NM District 34 and his nephew, Joseph Cervantes, is State Representative of District 52. George was an active Democrat, serving at the time of his death as a District Director for the county. He is survived by his wife, two daughters, and four grandchildren.

During the three decades that I knew George Garcia I was always impressed by his quick mind, which he often used to make people laugh, by his effortless facilty with election statistics, and his gentle but stately bearing.

Gifts may be made to: NMSU Baseball Stadium Fund in memory of George R. Garcia c/o NMSU Foundation, Inc. PO Box 3590 Las Cruces, NM 88003.

Nava Retains Education Chairmanship

Sen. Cynthia Nava was reappointed Chair of the Senate Education Committee today by the Committee on Committees of the New Mexico Senate. There was some speculation about the willingness of Sen. Jennings to have her reappointed to the position, inasmuch as she voted twice to oust Jennings from his position as President, once on December 2, in a Democratic caucus vote, and again yesterday, when Nava voted again for Sen. Carlos Cisneros, from Taos, for President, on the floor of the senate.

Senator Jennings Reelected President. Sen. Nava Supports the Richardson Faction From the North

Senator Tim Jennings was reelected President Pro Tempore of the Senate early this afternoon by a vote of 23-19. Jennings won all 15 Republican votes and 8 Democratic votes to retain his presidency. Senator Carlos Cisneros, the challenger, met with Jennings yesterday, asked him to withdraw from the race, and when Jennings refused, perhaps miscalculating his own support, decided he would fight it out on the floor of the Senate today in the opening moments of the session. Jennings, who has claimed all along he had enough votes to remain President, prevailed.

This means power in the Senate will remain independent of Governor Richardson, and assure equal treatment for the South: Jennings is from Roswell, Sen. John Arthur Smith, Chair of Senate Finance, is from Deming, and Sen. Mary Kay Papen is from Dona Ana County. Whether Sen. Cynthia Nava, from our own Valle del Sur, will retain her Chair of Education is unclear, since she voted to support a faction of Northern liberals closely associated with Governor Richardson.

In reality it would have been difficult for the Senate as a body, and for Democrats in particular, to explain a victory for Cisneros, inasmuch as Cisneros and many of his closest supporters have been part of what might be dubbed the "Rubber Stamp for Richardson" faction, in contrast to the independent posture associated with Jennings and his supporters. Given the lame duck status of the Governor, now beginning his seventh year as governor, and the humiliation he faced in having to withdraw from Obama's cabinet in the face of an FBI investigation over serious ethical questions, it just didn't make sense for the Senate to take power away from the very senators who correctly predicted that the governor's spending spree would get the state into financial trouble, and hand it over to a faction that appeared to be completely uncritical of the governor's agenda.

One irony in this is that the Republicans in the Senate, in supporting Jennings unanimously, may have prevented the Democrats from shooting themselves in the foot.

The World is Watching: And It Will Remember

New Mexicans will have a chance on Tuesday to observe one of the first dramas in this brave new, scandal-ridden epoch of the Richardson administration. the choices could not be more stark in the election of the President Pro Tempore on the Senate floor, a position once occupied with great flair by Manny Aragon, soon to be photographed with numbers across his chest as he enters jail.

On the one hand there is Tim Jennings, a conservative Democrat, elected to replace the late Ben Altamirano. Jennings rules with moderate-to-conservative Democrats: Majority Leader Michael Sanchez, from Belen; Sen. Finance Chair John Arthur Smith, from Deming; New Mexico Finance Authority Oversight Chair Mary Kay Papen, from Las Cruces; and Education Chair Cynthia Nava, from the South Mesilla Valley. Jennings gave a speech on the floor of the Senate in 2003, complaining about the use of abusive language by the governor in his office in front of a roomful of people, including Jennings' wife. Michael Sanchez (already elected Majority Leader for the next session), while loyal to the governor, has nevertheless maintained a dignified independence on many issues. John Arthur Smith has been dubbed "Dr. No" because he has consistently challenged the governor's lavish spending habits, arguing, accurately, that we could not afford the raids he made on our treasury. Mary Kay Papen has steadfastly refused to play cheerleader for the governor's spending projects, for which she has often been punished. Only Cynthia Nava has been a loyal Richardsonista, perhaps in part because of her close personal relationship with Ron Curry, one of the governor's cabinet officers.

On the other hand you have a faction of liberal Democrats, headed by Carlos Cisneros, from Taos, who would become President; Cisco McSorley, from Albuquerque, perhaps the most liberal of all senators, currently Judiciary Chair, who would be in a position to control reapportionment; Pete Campos, from Las Vegas, currently a member of the Finance Committee, who would become Finance Chair; and Phil Griego, from San Jose, Chair of Conservation, possibly a candidate for a future leadership position. Without exception this faction, and other senators siding with Cisneros (e.g. Richard Martinez, Peter, Wirth, and Bernadette Sanchez) have been steadfast supporters of the governor through thick and thin. And Richardson has made no secret that he supports the Cisneros faction. In December he called in several members loyal to Jennings, asking them to reconsider their support.

But that was six weeks ago. Given: the governor's humiliating withdrawal from the cabinet position; and the potential problems in the U.S. Attorney's office over CDR; and the new accusations from a former chief investment officer about alleged pay to play which cost the state $90 million in lost pension and State Investment Council monies; and a state auditor's report sent to federal and state prosecutors revealing egregious abuse of state funds; and a quote in the Wall Street Journal from Attorney General Gary King on January 17 who, when asked how many case of corruption he expects to bring in from his investigations, replied, "more than a handful," do senators really want to hand power over from a leadership that remained appropriately independent from the governor to the faction that was most closely associated with him? Consituents in 42 Senate districts are watching.

But there is more to watch than the Senate. In the next few days and weeks many political futures will be determined by the choices political actors make about their loyalties: to the governor, to the publics they serve, to what they think is right. They will be forced to live with these choices. People remember what happens in a crisis. President-elect Obama stated that he hopes in his inaugural address to capture, define, the spirit of the moment--a moment of crisis--in his speech. In New Mexico it is the opposite: the moment--also in crisis--is capturing us, defining us, telling us and everyone else who we are. When the moral authority of a regime is questioned a crisis results. People in positions of authority (but not tainted) must judge whether the old patterns of loyalty to the boss should be over-ridden for the common good, or to avoid the wrath of the public. And there is never enough information or certainty. Some will answer yes, others no. Some will do their duty as they see fit, others will strive to protect their future political careers. But people will remember who we were.

Who is Diane Denish in this crisis? Does she help the governor circle the wagons, or does she make a clean break and, if so, how much and for what purposes? Who is Senator Michael Sanchez, Denish's potential opponent in the primary election for governor next year? Does he vote with the party caucus or does he support Jennings? How seriously will Attorney General Gary King pursue these cases, after two years of seeming inaction? Will he really risk alienating portions of the Democratic Party? How well did State Auditor Hector Balderas investigate the housing scandal? How clear was he about tracing lines of responsibility, connecting dots? How will House members react to the crisis, after years of submission? And in our own South Mesilla Valley, who is Cynthia Nava? Will she ignore her constituents (who are not fond of the governor) and her colleagues from the South and vote for pro-Richardson faction from the North? None of these are easy choices. But we are about to find out what some of our elected officials are made of. And we will remember.

The Road to Pay to Play: Richardson Style

The following is scheduled to appear in http://haussamen.blogspot.com on Wednesday.

There were two kinds of cautionary signals from the very beginning. One had to do with the governor's bullying style--rumors of a key staff member getting into a scuffle with the governor and being escorted out of the capitol by police; a speech that Sen. Jennings gave on the floor of the Senate, complaining about the use of abusive language; the hardball targeting in 2004 of Democrats who had challenged the governor; and other signs of obvious displeasure against legislators or lobbyists who disagreed. The governor appeared to have mastered the advice Machiavelli gave to the prince: it is better to be feared than loved.

The other had to do with money: the Richardson administration elevated fund-raising to an art form, at an unprecedented level of prominence and glamor, and the dollar amounts broke all records. There were fundraisers in-state, out-of-state, big ones, little ones, fat ones, skinny ones. And people doing business or wanting to do busines with the state were at least as encouraged to contribute as anyone else, probably more. The governor, generous about lending his presence to fund raise for others, became a money raising machine, and very quickly the word got out that the governor's promise to attend a fund raiser was a guarantee of its success. Fund raisers received appointments to powerful positions on boards and commissions and in other ways proved they could manage to get plenty of face time with Big Bill.

But the governor was hugely popular, with a personality larger than life, a great sense of humor, and a captivating speaker, perhaps the best platform speaker in New Mexico political history. Moveover, Richardson let it be known from the beginning he was planning a return to Washington, possibly in a presidential bid in 2008. In the face of such popularity, why not? In a few years Richardson and those close to him might be batting in the big leagues: rocking the boat was dangerous, and it seemed downright petty to do so in the presence of such glamor.

This combination of the governor's immense popularity, his success as a fund raiser, his future potential, and his vindictiveness against opposition, stirred and garnished with countless anecdotes, made for a powerful carrot-and-stick soup. People had misgivings from the beginning--about policy directions, about spending decisions (which tended to be lavish), and aobut the governor's accumulating power. But these were shared only with the closest of friends. Misgivings disappeared from the visible political radar screen: taBOO.

Why two critical sectors of the political class of New Mexico--the news media and legislative leaders of both parties--chose to ignore the warning signals will be debated for years. In particular, the Albuquerque Journal, one of the greatest family-owned newspapers left in the U.S. today, normally an avid reporter of the fine print of gubernatorial action, seemed always to go along, expressing virtually no concerns. One theory is that Richardson astutely hired media persons, such as Bill Hume, into his staff, providing a potential back-channel for interpreting eyebrow-raising issues. Another is that the Journal, sensing Richardson had strong national potential, simply decided to give the big guy a chance at the long shot, hoping his fine print, if ever revealed, would not contain too many disappointments. Whatever the case, in-depth reporting about the administration's downside appeared to cease.

In the legislature, especially the House, leadership abandoned all pretense of independence, casting off the role of check and balancer in favor of the role of chief enabler. For the first year or two this was normal: honeymoons are expected. After a while though, it became a habit. Speaker Ben Lujan had a highly autocratic style and tolerated little deviation from the (mostly) governor's agenda. An unsuccessful move against him surfaced in 2006, in part because of allegations Lujan had protected his friend Smiley Gallegos in spite of credible accusations of serious wrong doing in Gallegos' administration of state housing programs, but mainly because of his autocratic behavior. It is unclear why the Speaker was so devoted to the governor's agenda, but in the wake of current scandals the House will have to work hard to reestablish its credibility as an independent and serious institution, and not all of this can be blamed on the Speaker.

The unique combination of virtues and vindictiveness in unlikely to appear soon in another governor in New Mexico, nor would it be tolerated again. So taking steps to prevent another Richardson seems unnecessary. Let us remember: Richardson did not invent pay-to-play in New Mexico. State Treasurer Jess Kornegay went to jail in the late 1970s. State Treasurer Earl Hartley pleaded guilty to misuse of funds in the 1980s. State Treasurer Michael Montoya and Robert Vigil are in jail today for sins committed in the 1990s and 2000s. President Pro Tem of the Senate Manny Aragon will be sentenced to jail later this year. What Richardson did was to flaunt fund raising, suggesting his success at it was a sign he had glamorous friends and national stature, rather than a red flag to be monitored with deep suspicion.

It is self evident that party leaders in New Mexico, slurping expensive food and liquor at lobbyist-paid-for events, help create a socially acceptable infrastructure for pay-to-play. This is only in part a legacy of the Richardson years. Some partisan activists long ago lost their ability to distinguish between "pay your dues," in the sense of "prove your commitment to our community," and "pay to play," in the sense of "let financial ties to power determine the outcome of public policy." Pay to play in New Mexico would be far less serious were it not for its partisan enablers, and if ambitious state law enforcement officials worried more about public corruption and less about offending powerful enablers.

If the Albuquerque Journal and members of the House should pause to reflect on their roles in the story of Richardson, the rest of the political class in New Mexico should re-examine its increasing tolerance of and growing addiction to the unprecedented flow and influence of money into New Mexico politics. Let's face it: the state has been up for sale for several years. Unless serious action is taken now nothing will change when Richardson leaves the state.

Sunland Park Newspaper Folds

The Sunland Park-Santa Teresa Journal has folded, after getting off to a good start and publishing for several months. Ruben Segura, former mayor of Sunland Park, who edited the newspaper, confirmed that the bottom line financial condition of the paper was not strong enough to justify continuation. We regret this, since the South Valley has a strong need for a voice of its own, given the lack of attention by the surrounding newspapers. We wish Segura the best in his future endeavors. One ray of good news is that the El Paso Times has made a decision to increase its coverage of Dona Ana County.

The State of the State from the Valle del Sur

The following article will appear in the January 12 edition of Capitol Report (http://capitol reportnm.com)

The year 2009 began in New Mexico with the political class lurching painfully toward the finish line of the Marathon of Uncle Bill, a six-year race so far. On the horizon for the past two years, the ending comes with a whimper, not a bang. Gone are the fantasies of Presidential glory, glamorous cabinet positions--taking Washington as triumphantly as he took New Mexico. The clock struck midnight and reality revealed itself as a pumpkin: the state is broke, the bills are coming due, the FBI is still digging through the mischief around Richardson, and it may take years for the legislature to recover from the shellacking it took from him. Are there lessons here? There should be plenty, but never underestimate the political class's propensity to forget from past mistakes.

While there is still a lot we don't know about Richardson's departure from state government (when it will happen, whether via resignation or an awkward sticking it out to the bitter end) this much is clear: Richardson has lost the capacity to control, once his strongest asset. He started losing touch with New Mexicans when he decided to run for President two years ago and lost interest in local affairs. He lost control over the political agenda as the state's financial situation turned sour last summer and the true costs of his projects (e.g. the Rail Runner) became known. Now the humiliating withdrawal from the Commerce job under the withering glare of the U.S. Attorney's office in Albuquerque has made closeness to Richardson a net drag, not an asset. This severs him even more from the already-flimsy political base he had left in New Mexico at the end of 2008, just as the political class fixes on the elections in 2010. All in all it is hard to imagine Richardson recovering enough legitimacy to be able to lead or govern with any degree of effectiveness. Think back to the last few months of the Anaya administration, with an approval rating of 17: this situation is worse.

In the state legislature, after years of slavish adulation and rubber-stamping for Papa Bill, the House, in particular, needs to rebuild its credibility as an independent and serious organ of government. How this is handled, and by whom, will help determine which legislators end up with strong political futures beyond 2010. How long the current House leadership, which depended heavily on pleasing Richardson, can hang on to power is unclear, but it is certain to face severe challenge. For the past few years the Richardson presence has sucked the oxygen away from most politicians, and there is a backlog of talented, ambitious politicians hoping to step into the vacuum. Richardson's misfortunes present an opening. At least in the short run, one's former relationship to Richardson--strong or weak--is likely to be a major fault line in legislative politics.

In the Senate Richardson's troubles may have an immediate impact on leadership. As it stands now, power is held in the South with: President Tim Jennings, from Roswell; Senate Finance Chair John Arthur Smith, from Deming; Chair of the New Mexico Finance Authority Oversight Committee Mary Kay Papen, from Las Cruces; and Education Chair Cynthia Nava, from Southern Dona Ana County. These four hold the keys to the room where the pie-to-be-split is held. Not a lot of money slips through without their tacit consent. But in November, openly proclaiming they wish to remand power to the North, a faction of Democrats close to Richardson openly challenged Jennings' leadership, which has been characterized as relatively independent of the Governor. If successful, Sen. Carlos Cisneros, from Questa, would become President. Sen. Pete Campos from Las Vegas would, it is rumored, replace Smith in Senate Finance, and Papen would be replaced as well. In the secret caucus vote on December 2 the Cisneros faction, it is rumored, won the fight 18-9. But Jennings immediately announced he was prepared to ask Republicans to vote for him on the floor for the Presidency in January. If they do, it will only take 7 votes among Democratic Senators for Jennings to retain his leadership of the Senate.

Unfortunately for the challengers, the Cisneros faction is composed of senators who were hightly deferential toward Richardson and in December, Richardson apparently called several Senators associated with the Jennings faction, asking them to reconsider their support. Given the governor's severely weakened status in January, however, it seems unlikely the Senate will hand power to the faction of Democrats most closely associated with him.

At the start of 2009 New Mexico is in bad shape--a challenge and an opportunity. As the public cries out for leadership at every level, in the face of economic strife, conflicts of interest and multiple public scandals, the challenge for the ambitious is to satisfy through good deeds. For the foreseeable future, though, the environment will be difficult for good deeds that cost money. With ethical standards at a dismal low point, perhaps a period of serious reform, which doesn't cost money and is badly needed, would be the strongest option. Let's clean up the state. Si no ahora, cuando?

Resendiz Fires Two Major City Employees

After firing two major city employees last week, Enrique Palomares (city attorney) and Gordon Cook (economic development director), Sunland Park Mayor Martin Resendiz will meet this evening at 7 pm with the city council to consider, among other things, replacements. In a story by Diana Alba of the Las Cruces Sun News this morning Palomares is quoted as saying given me "I was given assurances by the new mayor and his party," presumably that his job was secure.

Breaking News: Richardson Withdraws Name for Consideration in Obama Cabinet

Breaking News, Sunday, January 4: NBC's Andrea Mitchell has broken the news that Governor Bill Richardson has withdrawn his name for consideration as Secretary of Commerce in President-elect Barack Obama's cabinet.

Richardson's fate in the cabinet has been the subject of some speculation in recent days, since the announcement by the U.S. Attorney's office in Albuquerque that a Grand Jury was investigating the transfer of approximately $100,000 from CDR, a firm that was awarded business with the state, to two Political Action Committees controlled by the Governor.