Disbarred Judge Won’t Resign

Ensconced in office, a judge isn't going to let a little thing like being disbarred ruin a good gig.

There’s an inevitable hubris that comes with judicial office. Parties before the bench are subject to your barely checked power. Most judges control the arrogance of power by clinging to some semblance of ethical code. But, really, if you want to proposition that cute bailiff or impregnate a litigant, you can go for it with few official repercussions. Want to beat up a public defender? Go for it! The public defender will lose his job, but you’ll just keep on keeping on.

Which is why it’s unsurprising — if disappointing — that there’s a judge out there defiantly holding onto his office after being disbarred. And not for failing to pay his biannual registration or something mundane like that. No, this guy was disbarred for stealing from his client:

According to state Disciplinary Board documents, the complaint against [Municipal Judge Luis] Quintana that resulted in his disbarment was filed in November 2013 by one of his clients, Maria Ramos.

She said Quintana received a $4,500 settlement check in her workers’ compensation case, which he failed to turn over to her. A Disciplinary Board hearing committee wrote in its findings that Quintana used Ramos’ settlement to pay debts owed to other clients.

The Supreme Court issued an order May 11 approving the Disciplinary Board’s recommendation for discipline and permanently disbarring Quintana, effective July 1.

The basis of Quintana’s stunning decision — beyond “wanting to keep getting paid” — is that New Mexico does not require municipal judges to be lawyers. Fair point, but I think the spirit of that law was to open the job up to public servants without law degrees, not to reward lawyers stripped of their licenses.

“Are people going to be disappointed? Sure. I’m disappointed, too,” Quintana said. “I’m disappointed because I didn’t serve Ms. Ramos as great as I should have, you know. But that was one instance in 30 years.”

It was not the only instance in 30 years. According to William Slease, chief disciplinary counsel for the Disciplinary Board, Judge Quintana earned a formal reprimand in July 2005. So… two instances in 30 years.

The city council has no power to remove Judge Quintana from office but is nonetheless very concerned. But the mayor doesn’t share the council’s concerns:

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Mayor Scott Kominiak said that as far as he knows, most of his constituents either aren’t aware or aren’t bothered by the development, and that he hasn’t received complaints or comments.

Kominiak said he spoke with Quintana about the issue, and Quintana said that his disbarment was a private matter that had to do with his private law practice and said he intends to conduct business as usual.

“The analogy is that if I were to lose my job, would I be required to resign as mayor?” Kominiak asked.

Actually, no. The analogy is if you were to lose your job because you were embezzling funds and that absolutely would disqualify you from serving as mayor anywhere but Providence, Rhode Island.

But you’ve got to hand it to Quintana for spinning this as if getting disbarred is like getting laid off of your practice instead of a troubling reflection on his judgment and legal ethics. And who knows? Local elections are a haven for uninformed voters, so with a savvy PR campaign, a nifty lawn sign, and a little luck, Albuquerque could be saddled with its disbarred jurist for years to come.

Hurray democracy!

Disbarred Corrales judge refuses to resign [Albuquerque Journal]

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Earlier: Shirtless Wade McCree May Be Heading To The Supreme Court
Judge Beats Up Public Defender