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New Mexico Supreme Court reprimands judge who advised prosecutors in case involving his daughter

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New Mexico Supreme Court reprimands judge who advised prosecutors in case involving his daughter


SANTA FE, N.M. (AP) — The New Mexico Supreme Court has publicly censured a state judge in Las Cruces for providing advice to prosecutors during a 2021 trial of a man accused of pointing an assault rifle at the judge’s daughter.

Third District Judge James Martin also was censured for allowing his daughter to wait in his chambers before she testified at the trial — which a visiting judge presided over after Martin had recused himself — and for having an inappropriate conversation with the prosecutors after Robert Burnham was convicted of aggravated assault by use of a firearm.

Martin accepted the court’s decision, the Supreme Court said. It said Martin “denied committing willful misconduct” but “viewed through the lens of hindsight … recognizes the potential for appearance of impropriety based upon his conduct.”

The justices said their decision, reached Nov. 13, was not selected for publication in the formal New Mexico Appellate Records. But it was made public this week and will be published in the New Mexico Bar Bulletin.

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Martin did not immediately respond Thursday to The Associated Press’ requests for comment sent in an email and left in a telephone message at his office at the court, which was closed for the Thanksgiving holiday.

Burnham is appealing the conviction stemming from a 2018 incident outside a Las Cruces bar he owned. He told police that he had recently won the rifle in a raffle and was just moving it inside his car.

The Supreme Court said after the first day of the two-day jury trial in 2021 — heard by Judge Steven Blankinship of the 12th District — that Martin telephoned Assistant District Attorney Samuel Rosten and told him he should use the phrase “brandished a firearm” in his jury instructions instead of “pointed a firearm” at the alleged victim, Martin’s daughter.

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The next day the prosecution followed that advice.

Following the conviction, Martin inquired as to whether Burnham had been remanded to custody while awaiting sentencing. When Martin learned that he had, he told the prosecutors, “Good thing he was remanded, otherwise I would have told you to go back in there and try again.”

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Martin improperly allowed his daughter to be present for that conversation. He also improperly allowed his daughter to wait in his chambers down the hall while waiting to be called as a witness at the trial, the high court said.

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The justices said Martin originally provided advice to the prosecutors because he recognized a legitimate mistake of law in their proposed jury instructions.

“Judge Martin believed that he was acting in his daughter’s best interest by pointing out the mistake. Judge Martin’s actions created an appearance of impropriety, which should not be ignored,” Chief Justice C. Shannon Bacon wrote in the decision joined by the four other justices.

“We issue this censure not only to remind judges of their responsibility to avoid the appearance of impropriety but also to ensure the public that our legal system is committed to maintaining an independent, fair and impartial judiciary under the law,” they said.

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This story corrects the district in which Judge Steven Blankenship serves, which is the 12th District — not the Third District.



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New Mexico

New Mexico DOJ pressures the state to crack down on illegal fencing on public waters

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New Mexico DOJ pressures the state to crack down on illegal fencing on public waters


NEW MEXICO (KRQE) – It’s been a long-debated topic pinning private landowners against people using New Mexico’s rivers recreationally.

Friday morning, New Mexico’s Department of Justice (DOJ) and two outdoor organizations pressured the state to crack down on illegal fencing on public waters.

“These are extremely dangerous to the public,” said Sherry Barrett with New Mexico Paddlers Coalition.

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Fencing across rivers and streams with hopes of keeping out trespassers on private property interferes with what the state law now deems legal.

“There had been barriers that had been allowed by certain regulation, and the New Mexico Supreme Court said that those regulations were unconstitutional,” said NMDOJ Chief Deputy Attorney General James Grayson.

The NMDOJ, New Mexico Wildlife Federation, and the New Mexico Paddlers Coalition went before legislators during the Water and Natural Resources Committee presenting the status on stream access enforcement.

“The waters belong to the public. The waters of New Mexico, whether they’re perennial or torrential belong to the public, and the public has a right to recreate and to fish on those waters,” said Grayson.

Some legislators asked: how far is too far? At what point do public rights become trespassing on private property?

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“This is a balanced approach. The public does have the right to recreate. The public has the right to access those waters, but the public can’t trespass over private land to get to the water, and the public can’t exit the water onto private land,” said Grayson.

The DOJ shared how they reached out to property owners along the popular Pecos and Chama rivers with illegal fencing asking for barriers to be taken down. The next step was to send cease and desist letters.

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“We wanted to work with the landowners to let them know what their rights were and what the public’s rights were. We successfully managed to have a number of barriers removed from the Pecos River,” said Grayson.

In some cases, where owners refused to comply, further legal actions were taken. The state spoke to the severity of the dangers of having fencing along these rivers and streams.

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“One of the problems is it’s a barbed wire fence, and these can be very difficult to see on rivers, especially in high flows, and again, these can ensnare people – boaters and anglers – and cause drowning,” said Barrett.

Some legislators wondered how landowners are supposed to exclude or contain livestock from entering or leaving their property without the barriers.

“We have to figure out a way to get these fences, if they’re necessary, to be paddler friendly,” said Barrett.

The discussion went back and forth as legislators fought to clarify what would be “reasonable;” some advocated for private landowners and asked for stricter guidelines on trespassing, and others were in support of the DOJ’s efforts to open the use of waterways to the public.

The New Mexico Paddlers Coalition and other outdoor groups have already volunteered time to install paddler-friendly fencing and hold regular trash cleanups along popular rivers.

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For the latest news, weather, sports, and streaming video, head to KRQE NEWS 13 – Breaking News, Albuquerque News, New Mexico News, Weather, and Videos.



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New Mexico

AFR crews rescue hiker stranded in Sandia Mountains

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AFR crews rescue hiker stranded in Sandia Mountains


ALBUQUERQUE, N.M. — Albuquerque Fire Rescue crews rescued a lost hiker who called them reporting he had no more food, water or additional warm clothing with him.

The call came in Thursday night at 8:17 p.m. The hiker reported he was off-trail and couldn’t move due to the tough terrain.

AFR dispatched a team to conduct a backcountry rescue. Then, AFR’s Heavy Technical Rescue team contacted New Mexico State Police’s Search and Rescue team and worked with open space teams from APD and BCSO.

Finally, around 12:30 a.m. Friday, they reached the hiker with food and water. Rescue members hiked out with him and found he wasn’t injured.

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According to AFR, all units returned from the field by around 4 a.m.



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New Mexico

Los Poblanos hotel receives 2 Michelin keys

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Los Poblanos hotel receives 2 Michelin keys


While many New Mexicans already know about Los Poblanos, the 25-acre inn with gardens, fields and farming is finally giving New Mexico some national recognition.

ALBUQUERQUE, N.M. – While many New Mexicans already know about Los Poblanos, the 25-acre inn with gardens, fields and farming is finally giving New Mexico some national recognition. 

“They spent the last four years compiling information on the best hotels in the United States and came up with a new concept on Michelin keys,” said Matthew Rembe, an executive director of Los Poblanos.  

Los Poblanos was just named a Michelin two key hotel. It’s a recognition that Rembe never expected.  

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“We are a unique experience, and we were happy that New Mexico was recognized. Sometimes New Mexico is overlooked in things like this. We are happy for New Mexico, and we were certainly humbled, so it is exciting,” said Rembe. 

Each place is judged on five categories: Architecture and interior design, quality and consistency of service, overall character, value for the price and guest experience.   

“New Mexico has the oldest architecture in the United States and Los Poblanos has a couple of different examples of important architecture, kind of agricultural old dairy buildings. The other is territory revival by John Gaw Meem and that is what sets up apart from other states, that New Mexican-style of architecture,” Rembe said.  

This is only the second time the Michelin guide has announced Michelin key hotels.

Rembe hopes it gives people the opportunity to visit the Land of Enchantment and see everything that New Mexico has to offer. 

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“They can disconnect from their phones and technology and just kind of chill and relax and take in New Mexican culture. It always brings people back, I think New Mexico always exceeds their expectations because they have certain ideas on what the experience is going to be like,” said Rembe.  

Los Poblanos got two keys, but there was another inn that got one key in New Mexico. That’s the Rosewood Inn of the Anasazi in Santa Fe. 



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