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FBI investigating judge
District Attorney files motion to have Hunt excused
from bench
By Leslie Wood
Staff Writer
Rhoda Hunt
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GALLUP The 11th Judicial District Attorney's office requested
on Wednesday that a magistrate judge recuse herself indefinitely from
hearing its cases due to an FBI investigation into allegations that she
accepted bribes for favorable rulings.
District Attorney Karl Gillson filed a motion to excuse longtime Magistrate
Rhoda Hunt from the bench until further notice, according to court documents
filed in McKinley County's Magistrate Court.
The motion cited that an FBI investigation into claims that Hunt had been
engaged in activities to "fix" criminal cases in exchange for
amenities such as interest-free loans prompted the request for her temporary
recusal.
"Mr. Gillson received the lengthy and detailed report earlier this
week and after reviewing the report, determined that swift action is in
the best interests of the people of McKinley County and the judicial system,"
according to a written statement released by the office. "... This
issue is particularly sensitive for Mr. Gillson, because he was a magistrate
judge for six years before becoming district attorney."
Hunt is in the midst of her second, four-year term as a magistrate court
judge in McKinley County. She served as a police officer for the Gallup
Police Department before she was elected to the position.
The FBI forwarded its information, obtained through interviews with witnesses
to the alleged impropriety, to Gillson on Nov. 14.
Local residents allegedly approached Hunt for favors after receiving traffic
citations from various police agencies.
"Judge Hunt would then intervene personally either with the police
officers who issued the citation, with other judges or would pull their
files directly at Magistrate Court and 'fix' (i.e. dismiss or cause dismissal
of) the tickets or charges ... (At) least in some instances Judge Hunt
has received interest-free loans from one individual (for) whom she attempted
to fix a case," according to court records.
One informant reported "loaning" Hunt money for her campaign
and to using his personal credit card to purchase exercise equipment for
the judge. According to the motion, the same individual was cited for
speeding more than 30 mph over a posted speed limit.
"This individual has admitted to a FBI agent that he approached Magistrate
Hunt on several occasions and that Magistrate Hunt has dismissed several
tickets for him and his family," the motion reads.
Local law enforcement officers also reported receiving pressure from Hunt
to dismiss traffic offenses allegedly committed by the family, whose name
was not released to the public.
According to the document, Hunt admitted to dismissing cases for locals
on three or four occasions; however, FBI officials said this account is
not consistent with that of one individual who stated that Hunt had "been
dismissing numerous charges for him over a period of years."
The documents also state Hunt allegedly received free legal services from
local public defenders Bobbie Franklin and Steve Seeger.
"Bobbie Franklin and Steve Seeger, criminal defense lawyers, that
argue cases before Judge Hunt on a regular, if not daily basis, were now
representing her on possible criminal charges, which the FBI planned to
bring against her," according to court records.
Seeger also allegedly sold Hunt a vehicle during her term as a magistrate;
however, Seeger reportedly told a FBI agent he could not provide the office
with sales documents regarding the alleged sale.
"He advised he previously had a file with all of this information
but he recently destroyed the file after he had heard that a complaint,
which had been filed against Judge Hunt to the Judicial Standards Commission,
had been resolved as he had been told ... part of the complaint had to
do with the vehicle he had sold to Hunt," according to the motion.
The District Attorney's Office asserts Hunt's alleged interaction with
the public defenders has "compromised" her ability to remain
impartial, as required by the U.S. Constitution and the Code of Judicial
Conduct.
Bobbie Franklin, Steve Seeger and Hunt could not immediately be reached
for comment as of Thursday morning.
No criminal charges have been filed against Hunt; however, district court
records show that Deutsche Bank National has filed a civil complaint against
Hunt and she is facing possible foreclosure of her Gallup home. According
to court records, Hunt has failed to pay installments on her mortgage
since February.
Bill Elwell, a spokeswoman for the FBI, declined to confirm or deny an
investigation into the allegations against Hunt.
Kathlene Gibson, a spokeswoman for the state's Supreme Court, said if
a federal investigation is conducted concerning the matter, a state investigation
will most likely follow; however, she said the status of any investigation
conducted by the Judicial Standards Commission, the agency that investigates
judicial complaints, remains confidential until a recommendation is made
to the Supreme Court.
The Supreme Court, Gibson said, then has the authority to discipline a
judge for violations that are proven credible.
"A variance of discipline exists depending on the conduct,"
she said. The discipline can range from probation to removal from office.
She said the investigation could be followed by a grand jury proceeding
to determine whether enough evidence exists for charges to be filed against
the judicial employee.
The Independent, in recent years, also published an article with allegations
that Hunt engaged in a fraudulent marriage with an Arab resident to substantiate
his residency within the United States. The marriage was later annulled.
Criminal charges were never filed.
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Thursday
November 17, 2005
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