Serving the High Plains

Gov. Martinez re-appoints Mitchell to Tenth Judicial District bench

Staff Writer

Gov. Susana Martinez has reappointed Albert Mitchell as the judge for the Tenth Judicial District.

Mitchell, who had lost a retention vote in the Nov. 4 general election, received the appointment over Don Schutte, another former judge, who had also applied to fill the position. Both candidates were recommended to the governor by a judicial nominating commission on Dec. 11.

In a release, the governor’s office said, “This decision presents an unusual choice between two candidates who each have lost judicial elections in their district. Donald Schutte, appointed in 2007, lost a contested election against Mitchell in 2008.

“In the most recent election in 2014, although Mitchell received support from a majority of voters in his district, he did not receive the higher number of votes needed in a retention election.”

Election returns, however, show Mitchell received fewer than 50 percent of the vote — 1,884 voters wanted him out, compared to 1,880 votes for retention. He needed 57 percent for retention, according to state statute.

“I’m very happy,” Mitchell said. “I did not enjoy not having my job, and I’m very glad to be back at my job as judge.”

Mitchell was out of the job from Jan. 1 til Friday.

“I’m disappointed,” Schutte said. “I thought I was a good candidate, and I am puzzled by the necessity for retention elections if a judge can be re-appointed after losing one.

“I don’t think the decision was based on qualifications, It was based on politics.”

Mitchell and Martinez are Republicans, and Schutte is a Democrat.

Warren Frost, attorney for the Committee for Law and Order which campaigned against Mitchell’s retention, said he intends to file a challenge to the appointment Monday before the New Mexico Supreme Court.

The petition, Frost said, will ask for a declaration that by losing the retention election, Mitchell was disqualified from reappointment.

Frost had filed a motion before the Supreme Court after Mitchell reapplied for the position upon losing the election to deny Mitchell’s candidacy. In a Dec. 3 decision to deny Frost’s request, however, the court said the appropriate time to make such a request would be after the appointment process was complete.

link Albert Mitchell was re-appointed judge for the Tenth Judicial District despite losing a retention vote Nov. 4.