OPINION: New Mexico ousted judicial candidate from previous job

Apr. 8—John A. Baca, who's running for a judgeship in Santa Fe County Magistrate Court, carries a sizable blemish on his work record.

An executive of the state court system forced Baca to resign in 2017 over allegations of malfeasance while Baca worked at Los Alamos County Magistrate Court.

"I did get disciplined. I was told I could resign or get fired," Baca said in an interview Thursday.

He elected to quit, ending a 12-year career in Los Alamos County Magistrate Court.

At issue were allegations that Baca cheated on his work hours.

Now 44, Baca said he believed his troubles began the day his father was injured in a car accident. Baca said he closed Los Alamos County Magistrate Court during business hours because of his family emergency.

He said the court had only two employees, himself and his boss, Magistrate Judge Pat Casados. Casados was away that day, but Baca said he notified her he was closing the court. Baca admits he did not inform the state Administrative Office of the Courts.

He suspects this episode prompted court supervisors to take a deeper look at his work record.

Baca said Artie Pepin, director of the Administrative Office of the Courts, found discrepancies in how much time off Baca was due and how much he took.

By Baca's account, he often worked extra hours to keep the court running smoothly. He was an exempt employee not entitled to overtime pay. But, Baca said, he and Casados had an informal arrangement by which he would take time off as compensation for extra hours he worked.

The state shifted to computerized record-keeping. Nonetheless, Baca said, he and the judge continued a system in which they tracked his extra hours and his compensatory time off.

Baca says he was innocent of the main allegation, though not blameless for his downfall.

"I did acknowledge that there was wrongdoing because I did not enter the time as I was supposed to enter it into the computer system," he said.

I phoned Casados to ask for her recollection.

"I vouched for him," she said of Baca. "I truly believe it was a misunderstanding."

Baca and Casados said Pepin saw the case differently. Pepin, they said, decided Baca could not remain a court employee.

A spokesman for Pepin said the Administrative Office of the Courts cannot comment on a confidential personnel matter unless the employee authorizes release of the information.

Baca said he could have challenged Pepin's handling of the case but decided not to.

"It wasn't worth the time to contest the decision," Baca said.

Though ousted over allegations that he manipulated hours in his favor, Baca said he was paid for all his accrued leave.

After his resignation from Los Alamos County Magistrate Court, he landed jobs in other state agencies. Baca worked for a few months in the New Mexico Environment Department as an assistant in legal matters. He then took a job as an assistant to the general counsel of the State Land Office.

Baca went on unpaid leave March 6 from the Land Office as he filed his candidacy for Division 2 magistrate in Santa Fe. He is working at a funeral home during his campaign.

Baca is one of four Democrats running for the judgeship in the June primary election. The winner is almost guaranteed the job, as no Republican is seeking the office.

Magistrates do not need to be attorneys. Baca studied for two years at Santa Fe Community College before entering the workforce as a full-time state employee.

He worked in the financial section of the state Children, Youth and Families Department. Baca then became a clerk in Santa Fe Magistrate Court.

He moved to the Magistrate Court in Los Alamos in 2005.

Baca says a law degree and experience as an attorney are not necessary to be a good judge in Magistrate Court.

"It's not a very hard job to begin with. It's really a people's court," he said.

Contrary to his claim, judges in magistrate courts preside in civil and criminal matters in which attorneys can appear on behalf of clients. Cases range from disputes between tenants and landlords to drunken-driving charges to felony preliminary hearings.

Baca figures his life experiences would give him a good judicial temperament. He was only 13 when he became an umpire in Santa Fe's adult softball leagues. A child facing screaming adults might approximate the pressures of a courtroom.

Baca said he has been a high school basketball referee for 25 years, and he umpires Division I collegiate softball games.

By day's end, he had a question of his own.

"You seemed to know a lot of information about me before calling me. Where did you get my information from?" Baca asked.

A prospective judge ought to know The New Mexican doesn't believe in journalism by press release. Welcome to the majors, Mr. Umpire.

Ringside Seat is an opinion column about people, politics and news. Contact Milan Simonich at msimonich@sfnewmexican.com or 505-986-3080.