NEWS
After defunding saga, governor appoints new district attorney for McKinley County
Incoming DA John Bernitz has spent last six months as chief deputy under unusual arrangement
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SANTA FE 鈥� In an apparent coda to a drawn-out legal battle, Gov. Michelle Lujan Grisham on Wednesday appointed veteran attorney John Bernitz as the new district attorney in McKinley County.
The appointment of Bernitz came nearly one month after former McKinley County District Attorney Bernadine Martin abruptly stepped down as part of a settlement agreement with the New Mexico Department of Justice, avoiding a planned Supreme Court trial.
Martin, the state鈥檚 first female Navajo district attorney, had faced possible removal from office under a rare legal action targeting her mismanagement of the district attorney鈥檚 office and high case dismissal rate.
Lawmakers also defunded Martin鈥檚 office during last year鈥檚 legislative session, essentially shifting management of the Gallup-based district attorney鈥檚 office to the district attorney in neighboring San Juan County.
That district attorney, Jack Fortner, said Wednesday that he had recommended the appointment of Bernitz to the Governor鈥檚 Office.
He said Bernitz was one of the first hires he made last fall after temporarily assuming control of the day-to-day budget for the McKinley County District Attorney鈥檚 Office.
鈥淣ot only is he going to keep things going, we think he has the ability to hire several more staff attorneys,鈥� Fortner said of Bernitz, who will officially be sworn into office Thursday in Gallup.
The appointment of Bernitz, who previously operated a private law firm in Gallup and also worked with the Law Offices of the Public Defender, will run through this year鈥檚 general election in November. Whoever wins this year鈥檚 race will hold the seat through 2028.
However, Bernitz will face immediate challenges in a largely remote judicial district with few staff attorneys and one of the state鈥檚 highest violent crime rates. In addition, investigators found more than 100 criminal cases that were never filed in Martin鈥檚 office after her resignation, Fortner said.
Two other high-profile criminal cases that had been dismissed by Martin were revived last year by New Mexico Attorney General Ra煤l Torrez, including a 2023 rape case that involved a defendant who went to school with Martin鈥檚 children.
The San Juan County District Attorney also said Wednesday he was in the process of filling out paperwork to shift budget authority for the McKinley County District Attorney鈥檚 Office back to local control.
A budget bill approved by lawmakers during this year's 30-day session called for funding for the McKinley County District Attorney's Office to be restored two months after the resolution of the Supreme Court case, but Lujan Grisham used her line-item veto authority to ax that provision.
Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com
