City officials agree they should appoint new judge

The Tucumcari City Commission Thursday agreed without taking action the commission should appoint a new municipal judge in the wake of Municipal Judge Joe I. Dominguez's resignation Oct. 29.

Dominguez resigned under terms of an order from the New Mexico Judicial Standards Commission, which reviewed his standing after Dominguez was arrested for driving while intoxicated in February.

According to a news release from the commission, Dominguez resigned rather than face further disciplinary action from the commission.

Dominguez was on unpaid suspension since Feb. 22, following the Feb. 6 arrest.

Under terms of the Oct. 29 order, Dominguez is banned from serving as a judge in any capacity and from seeking any elected position as a judge.

The judgeship was one of two discussions the commission held during a public work session Thursday.

The second was a discussion on the performance of city attorney Randy Knudson.

District 1 Commissioner Ralph Moya said he became concerned when he learned Knudson had appeared in court without case files for a hearing involving Keith Hayes, whose challenge of city orders to clean up some of his properties led to an unsuccessful recall election in 2017 that challenged Mayor Ruth Ann Litchfield, Moya and District 2 Commissioner Amy Gutierrez.

Other commissioners and city manager Britt Lusk came to Knudson's defense, saying Knudson has served the city well over the years. Lusk said Knudson always has been responsive when Lusk has sought legal advice.

Lusk also pointed out the two of four cases the city had filed against Hayes in 2016 for allegedly violating the city's nuisance ordinance were sent back to municipal court from 10th Judicial District Court on Oct. 31.

Court records show Judicial District 4 Judge Gerald Baca on Oct. 31 sent two of the cases back to municipal court. In a third case, Baca let stand a $100 fine and an order to clean up property. In a fourth case, Baca rendered a not-guilty verdict because the city had failed to produce evidence that trucks and equipment on Hayes' property on Railroad Avenue in Tucumcari had been sitting on the property for more than 60 days or that the trucks were inoperable.

Tenth District Judge Albert Mitchell recused himself in these cases.

In the meantime, Police Chief David Lathrom, who enforces the city's nuisance ordinance, said the city is continuing to prosecute the case and work with Hayes.

Attempts to contact Hayes and Knudson for comment were unsuccessful.