Dennis W. Montoya Campaign's Claim of Election Law Confusion a Hard Sell in Appeals Court Race

As you probably have read, Democratic New Mexico Appeals Court primary candidate Dennis W. Montoya was recently disqualified from receiving about $85,000 in public financing by Secretary of State Mary Herrera in his race against current Appeals Court Judge Linda Vanzi. In her letter to Montoya (pdf), Herrera stated that Montoya, an attorney, was being rejected because:

Candidate failed to comply with seed money requirements: Candidate exceeded the limit of contributions to himself in excess of the $5000.00 limit in direct violation of NMSA Section 1-19A-5 (H). Seed money report indicates that candidate gave himself $8,887.29.

Herrera also cited another section of the law that says candidates who take contributions totaling $500 or more, or who spend a total of $500 or more, don't qualify for public financing.

In response, the Montoya campaign, which is managed by Santiago Juarez, filed an appeal this past Wednesday, claiming that his original filing was incorrect because he was confused about what should properly be considered "seed money" and what should be considered merely "general campaign" funds -- and thus not applicable to the seed money limit. The Montoya campaign submitted an amended expenditure report (pdf) to the Secretary of State on March 25, 2010, which Juarez says splits out funds he considers to be true "seed money" sums vs. what he called "general campaign" funds, and claimed the Montoya campaign was thus in compliance with the law on public campaign financing.

Juarez Cites Confusion About Law
Santiago Juarez's appeal also went into some detail about what he sees as gray areas in the current law. He pointed to confusion about how money spent on what he said was lobbying for votes by the delegates of the Democratic pre-primary convention should be reported.

I have to say it seems odd that Santiago Juarez, of all people, should be confused about the requirements and intent of the judicial public campaign financing law. Juarez is an attorney, and he worked at the Progressive Alliance for Community Empowerment (PACE) from 2000-2005, the 501(c)(4) arm of an organization called Revisioning new Mexico. He was its main lobbyist charged with advocating for the public financing of elections.

My understanding is that Juarez helped to draft the public financing bills that were introduced in the New Mexico Legislature during that period. Although a bill that provides for public financing for statewide judicial candidates didn't pass until 2007, Juarez reportedly helped draft the almost identical version that PACE was supporting in 2005. He also was involved with an identical law for public financing of New Mexico Public Regulation Commission candidates that did pass. 

Given his extensive and intimate involvement with public financing legislation -- including bills very similar or identical to this law -- it seems highly unlikely that Juarez would be confused about the reporting and contribution requirements contained in the law. 

Judge Vanzi Files Motion to Intervene
Today, the Journal reported that Judge Linda Vanzi has asked to intervene in Montoya's pending appeal to the Secretary of State. The article also states that,

Linda Vanzi says Dennis W. Montoya is trying to "improperly secure public funds so that the taxpayers of New Mexico will foot the bill" for his campaign against Vanzi.

... Vanzi says Montoya is asking the secretary of state to ignore the stringent requirements of the public financing law. She asked in her motion to intervene that she be allowed to participate in any appeal proceeding, including the hearing.

Other Montoya Controversies
Of course, the candidacy of Dennis W. Montoya was receiving some serious criticism even before the public financing snafu. An article in the Albuquerque Journal published March 21, 2010 reported on an ethics complaint against Montoya that was filed in 2008 by Judge Vanzi with the board that investigates allegations of attorney misconduct:

She [Vanzi] accused him [Montoya] of failing to represent the interests of a young boy [Cody Utley] whose father [Thomas Utley] was killed in a one-car accident, questioned his fees and costs in the case, and accused him of lying to a guardian ad litem she appointed to protect the child's interests.

... "Mr. Montoya has shown a disregard for the legal system, including the courts, other attorneys, and clients he supposedly represents," Vanzi wrote in her complaint, which is still being investigated.

The Journal article also said that,

Montoya is a somewhat controversial figure who has been sanctioned by federal judges in Albuquerque on several occasions and recently got involved in a shouting match with a Metropolitan Court judge. His practice includes criminal defense, civil rights, employment and personal injury.

The complaint is still pending, along with a malpractice lawsuit the guardian, Kathleen Oakey, filed against Montoya on behalf of Cody Utley's son, Thomas.

Despite the criticisms of Dennis W. Montoya, he secured a position on the Democratic primary ballot by receiving the votes of 27.68% of the delegates vs. 72.32% for Judge Vanzi.

Judicial Credentials
Judge Vanzi, who was appointed to the Appeals Court by Governor Richardson in 2008, has pointed out that a judicial nominating commission carefully screens all applicants for appointments, like Judge Vanzi, to the Appellate Court (and others), reviews credentials and recommends several nominees to the governor to consider for appointment. Questions always include the topic of disciplinary complaints.

In fact, over the course of her career, Judge Vanzi has had five different Judicial Selection Commissions, as well as Governor Bill Richardson, review and approve her qualifications and experience. She's been awarded the Judge of the Year award by the Albuquerque Bar Association and the Trial Judge of the Year awarded by the American Board of Trial Associates.

Attorney Montoya, who has never been a judge or a judicial appointment applicant, has never been scrutinized by a selection commission.