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AG's office investigating Gallup DA for possible removal

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Bernadine Martin

State Attorney General Ra煤l Torrez鈥檚 office is investigating the conduct of Gallup鈥檚 embattled district attorney after Gov. Michelle Lujan Grisham requested his office initiate proceedings to remove the prosecutor from office.

Correspondence reviewed by the Journal shows Lujan Grisham last week formally requested the New Mexico Department of Justice 鈥減romptly consider鈥 initiating a removal action against Bernadine Martin, the McKinley County district attorney.

鈥淩ightly or wrongly, the Legislature defunded DA Martin鈥檚 office during the 2025 legislative session,鈥 Lujan Grisham wrote.

So, funding for the office will end July 1 鈥渁nd an untold number of cases will likely be dismissed on speedy trial grounds unless DA Martin agrees to assign pending cases鈥 to San Juan County District Attorney Jack Fortner, she wrote.

So far, that hasn鈥檛 happened, but Torrez responded in a June 17 letter that his office has initiated an investigation into Martin鈥檚 conduct to determine whether there is a sufficient factual basis to initiate 鈥渆xtraordinary removal proceedings鈥 for the state Supreme Court to consider.

鈥淗owever,鈥 Torrez wrote, 鈥済iven the painstaking and time-consuming nature of gathering the facts necessary to make a determination (about removal), and the special nature of the removal action...we are unlikely to complete this work before July 1.鈥

Torrez urged that the governor and Martin to work 鈥渨ith all necessary speed鈥 to find alternative funding to 鈥渕itigate disruptions鈥 to the McKinley County DA鈥檚 Office while his investigation proceeds.

鈥淚 share your concern that the Legislature鈥檚 withdrawal of funds for this district attorney鈥檚 office will adversely affect crime victims, law enforcement, and overall public safety in McKinley County,鈥 Torrez wrote to the governor. 鈥淣otably, the lack of funding does not constitute grounds for removal under the statute.鈥

Under state law, district attorneys can be removed from office for any of six grounds, including failure, neglect or refusal to discharge the duties of office; gross incompetency or gross negligence, Torrez wrote.

Martin, who was reelected to a second term in 2024, couldn鈥檛 immediately be reached for comment Thursday.

But Martin filed a petition with the Supreme Court earlier this week, arguing that the Legislature and the governor violated the state Constitution鈥檚 separation of powers provision by removing funding for her office from the $10.8 billion budget bill for the next fiscal year.

Lujan Grisham said in her letter that the decision to defund Martin鈥檚 second division 11th Judicial District Attorney鈥檚 Office came after state Sen. George Mu帽oz, a Democrat from Gallup, 鈥渃laimed that cases in (Martin鈥檚) jurisdiction were going unprosecuted, that her office had no employees and that 鈥榗riminals roam(ed) unchecked... because of a prosecutor鈥檚 ineptitude.鈥欌

In an apparent effort to continue supporting the work of the McKinley County division鈥檚 office, the Legislature shifted the funding to the office of neighboring San Juan County District Attorney Jack Fortner, Lujan Grisham wrote.

鈥淢y Office confirmed DA Fortner is willing to comply with the Legislature鈥檚 requests and assist McKinley County with prosecutions,鈥 the governor wrote. 鈥淗owever, the problem remains that, as the elected District Attorney, DA Martin is statutorily obligated to oversee criminal proceedings in her district.鈥 Efforts to transfer the money to her office from Fortner鈥檚 via a budget adjustment haven鈥檛 been successful, stated Lujan Grisham.

In a June 12 letter to Martin, Billy Jimenez, chief of civil affairs for Torrez鈥檚 office, advised her of the investigation and urged her to immediately submit a request to be added to the agenda of the State Board of Finance to obtain emergency operating funds.

鈥淲e recognize your right to due process and the importance of ensuring your office remains operational,鈥 Jimenez wrote.

Martin has complained that she has had difficulty recruiting staff attorneys. Last fall, the office had 2,822 assigned cases per attorney, according to the Legislative Finance Committee.

Martin received her bachelor鈥檚 degree from the University of Denver and her law degree from the University of Arizona. She served McKinley County first as an assistant district attorney and then a deputy district attorney and served as a chief prosecutor of the Navajo Nation.