The Houston Chronicle published an article (“Ex-prosecutor admits helping judge accused of sending secret text messages”) on a case of alleged judicial and prosecutorial misconduct in Polk County, Texas.
In that county, a sitting district judge and a prosecutor who has since been elected judge, are accused of text messaging during a trial. The texts from the judge to the prosecutor, were a line of witness questioning that the judge believed would aid the prosecutors.
This unbelievable display of unfairness to the accused is an embarrassment to the criminal justice system. To make things worse, the prosecutor in the case has now herself been elected district judge.
Thankfully, in New Mexico the accused retains the right to the excusal of one judge. If a should a judge behave in this way explicitly or in a more understated manner, they can be excused.
This right of excusal must be exercised within ten days of arraignment, so it’s important to retain a criminal defense lawyer as soon as possible.
If you need to excuse the judge on your case because you feel he or she cannot be fair, you can contact McGraw Law & Associates at: (575) 323-1529
Las Cruces, NM