AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• On April 3, 2020, Judge George Anaya, Jr. received an ex parte phone call from Fernando Gallegos, the father of Danielle Gallegos, an alleged violent offender who had been arrested that day. The following day, Judge Anaya received a second ex parte call from Fernando Gallegos and subsequently signed an Order of Release for Danielle Gallegos, contravening the Santa Fe County Magistrate Court protocol for the weekend release of alleged violent offenders (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Judicial Standards Commission: Argued that Judge Anaya committed willful misconduct in office by engaging in ex parte communications and releasing an alleged violent offender contrary to established court protocol (para 1).
• Respondent (Judge Anaya): Acknowledged that the Commission had sufficient evidence to establish willful misconduct in office (para 1).

Legal Issues

• Whether Judge Anaya committed willful misconduct in office by engaging in ex parte communications and releasing an alleged violent offender contrary to established court protocol.

Disposition

• Judge George A. Anaya, Jr. is publicly censured for his willful misconduct as outlined in the stipulation and consent to discipline accepted by the Supreme Court of New Mexico (para 19).

Reasons

• Per Curiam: The Court found that Judge Anaya's actions of engaging in ex parte communications with the father of an alleged violent offender and subsequently releasing the offender violated multiple Rules of the Code of Judicial Conduct, including those requiring compliance with the law, promoting confidence in the judiciary, avoiding external influences on judicial conduct, ensuring the right to be heard, and avoiding ex parte communications (paras 4-17). The Court emphasized the importance of public confidence in the judiciary and the necessity for judges to act in a manner that preserves the integrity, impartiality, and independence of the judiciary. By violating established court protocol and engaging in ex parte communications, Judge Anaya compromised the fundamental integrity, impartiality, and independence of the judiciary, thereby undermining public confidence. The Court accepted the stipulation agreement between the Commission and Respondent, issuing a public censure to reaffirm the judiciary's commitment to ensuring fair and impartial justice (paras 18-19).