By Raam Wong
Journal Staff Writer
Over the course of his career as a judge and police officer, Tommy
Rodella has been disciplined for marijuana use, criticized by the
governor and investigated for alleged vote buying.
But perhaps the most forceful rebuke of the Rio Arriba County
magistrate came Wednesday when the state Supreme Court unanimously
found that Rodella had engaged in willful misconduct and ordered him
immediately and permanently removed from the bench.
Rodella's defrocking is the culmination of a string of public
allegations against him that led the judge to step down from the bench
in 2005. The move was an embarrassment for Gov. Bill Richardson, who
had appointed him only months earlier. Rodella regained the seat in a
2006 election.
On Wednesday, the five Supreme Court justices deliberated for less than
an hour before announcing their ruling. Rodella declined to comment as
he walked out of the courtroom with his wife, state Rep. Debbie
Rodella, D-Ohkay Owingeh, and supporters at his side.
The state Judicial Standards Commission recommended Rodella's removal, alleging impropriety by Rodella in three specific cases.
Rodella's attorney, Justin Pennington, acknowledged during oral
arguments that some of the judge's actions were improper. But the
attorney chalked those improprieties up to a lack of judicial training,
inexperience on the bench and confusion.
"I will concede to the court that this was a mistake on the part of the judge," Pennington said.
The attorney was referring to allegations that as judge, Rodella
inappropriately interfered in a domestic violence case by telling the
alleged victim that there would be no legal consequences if she chose
not to testify, even though she had been subpoenaed by prosecutors.
Rodella recused himself from the case when a prosecutor raised the issue, but later recalled the case and dismissed it.
In court filings, Pennington has also accused the Judicial Standards
Commission— some of whose members are appointed by the governor— of
doing Richardson's bidding.
"I think the judiciary needs to act independently of the executive," Pennington said.
That prompted Justice Richard Bosson to ask, "If you're going to accuse
the commission of being political stooges of the governor, is there any
evidence of this?"
Pennington didn't provide any, but he added that it was improper for
the commission to play both fact-finding and prosecutorial roles.
Chief Justice Edward Chavez said the court didn't agree with all of the
commission's findings and would issue a written opinion. Commission
director James Noel presented the allegations against Rodella.
Richardson chose Rodella in March 2005 to fill a vacancy on the Magistrate Court.
The Governor's Office has said that much about Rodella's troubled
career with the State Police was unknown before the appointment.
Rodella was disciplined for marijuana use, physical abuse and improper
use of a weapon after an internal affairs investigation in 1985.
In 1993, Rodella was suspended after firing at a deer decoy that game officers had set up to catch poachers.
Rodella also went through a nasty divorce while with the State Police,
with his first wife in a subsequent lawsuit accusing him of repeated
abuse, including threatening her with his service revolver.
Most details about Rodella's State Police record only came to light
years later when controversy erupted in 2005 over his handling of a
drunken-driving case. The commission found Rodella drove from Española
to Tierra Amarilla to help get a DWI suspect— the father of a friend,
the commission said— out of jail over the Fourth of July weekend.
Rodella stepped down amid allegations of favoritism.
As Rodella sought election to the magistrate office in 2006, the
commission also alleged he asked Pete and Dorothy Martinez of Chimayó
for their support and said he would help them "if they ever had a
problem in court."
The commission alleged Rodella later met with the couple at their home
during the general election campaign about a lawsuit they were
considering filing and told them to hold off until he had been elected
and could "win their case for them."
A Richardson spokesman declined to comment on Wednesday's ruling and
said the governor is considering whether to appoint someone to the seat.
