Grants council race questioned
Fred Rodarte’s candidacy could be conflict of interest

By Helen Davis
Cibola County Bureau

GRANTS — A Cibola County probate judge running for city councilor in Grants may find a conflict of interest in the race.

The Independent received word that probate judge and incumbent city councilor for District 3, Fred Rodarte, is in violation of a little-known provision in the Code of Judicial Ethics.

Rodarte was appointed to the Grants City Council by former Mayor and Councilor Ronald Ortiz to fill the seat Ortiz vacated in order to take the position of mayor six years ago. The councilor was later elected to hold the same seat and is now seeking re-election. Rodarte was elected probate judge two years ago.

The incumbent said that when he was running for judge he checked with two attorneys before committing to the election. Both attorneys and Grants City Manager Robert Horacek told Rodarte he was in the clear legally and could run for the judge’s position while occupying the council seat. Horacek confirmed Rodarte’s statement in an interview Thursday.

Spokesmen for the Attorney General’s Office and the Secretary of State’s Office confirm that under their regulations, there is no problem with Rodarte’s seeking an elected position while holding a probate judge position. Rep.W. Ken Martinez, attorney for the city of Grants, is in Santa Fe for state legislative session and could not be reached for comment. County Attorney Joe Diaz told the Independent that to his knowledge, Rodarte should have no problem, but that he would continue to check into the question.

The problem, it appears, is in state judicial policies rather than election or criminal statutes. Judicial ethical codes state that any judge running for a different public office must resign his judgeship before filing to run. Failure to resign is in violation of a judicial code regulation that “prohibits an incumbent judge from being nominated for, or elected to, a public non judicial office” as stated in the Code of Judicial Conduct section 21-700(C).

A 2007 opinion by the Advisory Committee on the Code of Judicial Conduct reviewed a similar situation and offered the following statement:

“We believe that Rules 21-100 and 21-200(A )... preclude a judge from continuing in an elected, public nonjudicial office after assuming a judicial position.”

Rodarte was in Santa Fe for his yearly mandated probate judge training when he received the information that his candidacy might be in violation of state regulations. He said he immediately called Horacek, and Horacek is looking into the matter for him. Horacek again confirmed the conversation and said he believes the candidate is in the clear but will consult with Hon. James J. Wechsler, Chairman of the Advisory Committee.

Rodarte also consulted Wechsler, who was one of the instructors at the Santa Fe probate training. Wechlsler told him that, “obviously someone is trying to make you look bad.” Rodarte said the judge’s recommendation is that he resign. The councilor added that the code of ethics is a set of recommendations for judges and an opinion is not iron clad.

“It is not really clear what is clear and not clear. There is a lot of gray, and you do your best to uphold integrity and honesty,” he said.

The candidate ran into someone attacking his campaign two years ago and said that the challenge never went very far. He said he believes someone might be trying to intimidate him, but that he does not expect the threat to go very far this time, either.

Rodarte has not made a final decision on his campaign yet. He said he is waiting to meet with Judge Camille Martinez-Olguin, 13th Judicial District Court, and attorney Ken Martinez before deciding what he will do in this election.

Monday
January 21, 2008
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