New Mexico
New Mexico attorney reprimanded while representing Backstreet Grill in Old Town
The state Supreme Court has come down hard on local attorney, Ana Garner, who has been censured.
ALBUQUERQUE, N.M. – The state Supreme Court has come down hard on local attorney, Ana Garner, who has been censured.
This all stems from a legal response she filed during the pandemic which included name calling, cursing, and insults.
“I wanted it to be shocking,” Garner told KOB 4 in 2021.
KOB 4 spoke with Garner back in 2021 when she represented the now-former Backstreet Grill in Old Town.
The restaurant refused to comply with the governor’s public health emergency on COVID-19 by staying open. That’s when the state’s Environment Department ordered a temporary restraining order.
Garner countered with a legal response to the courts.
“As the judge said, I think that I insulted every branch of government,” said Garner.
The court filing included personal jabs at the state, going so far as to compare the mandate enforcement to Nazi Germany.
“Yes, I liberally used a couple of swear words,” Garner said.
Garner did file a withdrawal of her response where she apologized, but it was too late. A public censure filed Monday reveals the attorney violated at least 11 rules of professional conduct.
One of which states that the attorney “failed to provide competent representation” and “used means that have no substantial purpose other than to embarrass, delay or burden a third person.”
The censure also shows Garner violated rules when she sent a separate letter to Sandia National Laboratory human resources while she represented employees who challenged their COVID-19 workplace policies.
KOB 4 reached out to Garner multiple times but did not get a response.
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ALBUQUERQUE, N.M. — The Metropolitan Court of Bernalillo County had another packed docket Saturday morning.
“We are the busiest courthouse in the state. We see more than every other courthouse does, from the traffic tickets to the misdemeanor cases and the initial felony cases that are filed here,” said Metropolitan Court Chief Judge Joshua Sanchez.
Sanchez says the court oversees about 100 cases a day and Saturday New Mexico’s top judge, Chief Justice David Thomson of the New Mexico Supreme Court, got a firsthand look at the court’s caseload.
Sanchez says he welcomes the visit.
“We go to these statewide meetings, and they hear about how things happen. But until you actually kind of sit there with another judge and see what happens, it’s kind of eye-opening to see the kind of controlled chaos that we have on a Saturday morning,” he said about the visit.
He adds their biggest challenge at Metro Court is the case load.
Thomson says he plans to visit courts statewide to see these challenges for himself.
“I think it’s a good idea just to come down and see it. And what you see, if you watch these, is you see all the interactions between what we face, just not as a court system, as a society, right?” said Sanchez.
Just from one morning sitting in on court proceedings, he said it’s clear mental health plays a huge part in a lot of the cases metro court hears.
“If there are questions of competency, we can catch those questions here, rather when they get transferred to felony court, that’s one, can they be assessed early on,” Thomson said.
He also noticed a lot of repeat offenders.
“I think it’s very helpful to see it firsthand. On a few of these individuals. I’ve actually asked to look at some of the criminal history, so I have an understanding of the particulars,” said Thomson.
Sanchez said he hopes for more visits like this in the future.
“It’s just nice to give some real perspective and validates, I think, a lot of the things that we do communicate to AOC and the Supreme Court and things that we’re seeing,” said Thomson.
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