Pat Davis Booted From Judicial Selection Commission
By Pete Dinelli
(Editor's note: This article originally appeared on Pete Dinelli's blog this morning. Dinelli has given ABQReport blanket permission to republish his posts.)
-- Same Political Consultant Behind Pat Davis, DA Raul Torrez And Mayor Tim Keller.
-- Davis Needs Step Down As City Council President Or Be Removed By City Council Vote
On Friday, June 26, the publisher of this blog received the following text message from one of Governor Michelle Lujan Grisham’s aides:
“Friday, June 26, 11:22 am
“Hello Pete, thanks for sharing this. (blog article) Pat Davis is no longer on a Judicial Selection Commission. He was part of a commission, for a court of appeals vacancy I believe, but this is a one- off process.”
Daniel Schlegal, Governor’s Aide
On June 27, it was reported that New Mexico Supreme Court Chief Justice Judith Nakamura announced that she will not be retiring on August 1 as she originally announced and she plans on retiring some time at the end of the year.
The Court of Appeals Judicial Selection Commission Pat Davis was appointed to was to fill both the vacancies of retiring Judges Court of Appeals Judge Linda Vanzi and New Mexico Supreme Court Justice Judith Nakamura. Now that Justice Nakamura is no longer retiring, the Court of Appeals Commission no longer needs to meet to fill her vacancy. Judicial Selection Commission members remain the same as vacancies occur. Therefore, based on the text, Davis has been booted from the Court of Appeals Judicial selection commission. The Court of Appeals Judicial selection commission will convene when Chief Justice Nakamura does retire and Pat Davis will not be on it, hence he has been booted.
The Governor’s office has not issued any statement to confirm if Pat Davis will be not be serving on any future Judicial Selection Commission for the Supreme Court nor any other court vacancy. Such removal is usually revealed only with the announcement of new commission members when a court vacancy occurs.
NEW MEXICO COURT OF APPEALS JUDICIAL NOMINATING COMMISSION JUNE 29, 2020
On June 29, 2020, the list of names appointed to the Court of Appeals and Supreme Court Judicial Nominating Commission was released. There were 9 Democrats (D), 9 Republicans (R) and one Independent (I) appointed to the commission. The appointments were:
Sergio Pareja, Chair, Dean of UNM School of Law
Justice Michael Vigil, D- appointed by Chief Justice Judith Nakamura
Chief Judge J. Miles Hanisee, R- NM Court of Appeals
Judge Jacqueline Medina, D -Santa Fe District Court Judge
Michael Sanchez, D- appointed by State Senator Papen
Oliva Garcia, D- appointed by State Senator Papen
Vicente Alvarado, D-appointed by Speaker of House Brian Egolf
Kelly Stout Sanchez, D- appointed by Speaker of House Egolf
Shannon L. Kennedy, D-appointed by Governor Lujan Grisham
Alb City Councilor, D- Pat Davis, appointed by Governor Lujan Grisham
Andrew J. (Drew) Cloutier, – R-appointed by State Bar
Paul Kennedy, R – State Bar/Judges 201 12th St NW ABQ, NM 87102
Larry J. Montano, R – Appointed by State Bar/Judges
Kimberly Chavez Cook, D – Appointed by State Bar/Judges
Maris Veidemanis, R- appointed by State Bar/Judges
Allegra Carpenter, R – appointed by State Bar/Judges
Samantha Kelly, R – State Bar/Judges
Denise M. Torres, R – State Bar/Judges
Jack Fortner, R – State Bar/Judges
Republicans – 9 Democrats – 9 Independent – 1
The judicial selection process is outline in the POSTSCRIPT to this blog article.
Review of the entire list of names appointed to the Appellate Court Judicial Selection Commission reveals that only Pat Davis has the dubious distinction of being arrested for Aggravated DWI and who has also been sued for civil rights violations, negligence and false arrest and imprisonment as a police officer. All others have a level of gravitas or credentials and understand New Mexico’s judicial system to serve on a commission that selects judges. The fact that Pat Davis is the current Albuquerque City Council President does not give him a “clean slate” nor does it absolve him from his past conduct as a police office who violated peoples civil rights in order to qualify him to be given the authority to interview and help select attorneys to fill court vacancies.
BLOG ARTICLE REVEALING PAT DAVIS PATTERN OF VIOLATING PEOPLE’S CIVIL RIGHTS AS A POLICE OFFICER
On June 22, the blog article entitled City Councilor Pat Davis Needs To Step Down To Atone For His Own “Black Lives Matter” Moment And Violations Of Peoples Civil Rights As A Police Officer” was published and forwarded to Governor Lujan Grisham’s office. The link to the article is here:
The blog article is an in-depth report on 3 known court actions that have been resolved. The cases involve actions of City Council President Pat Davis as a police officer before his election to the Albuquerque City Council. The cases are no longer pending with two settled with monetary damages paid by the University of New Mexico and charges dismissed in another.
All of Pat Davis’ political opponents over the years, as well as the local news media, have never fully investigated, reported on nor confronted Pat Davis in any meaningful way about the civil litigation he has been involved with as a Defendant relating to his actions as a sworn police officer here in New Mexico and in Washington, DC. His actions in New Mexico have cost taxpayers thousands of dollars in settlements paid.
POLITICAL CONSULTANT COMMON DENOMINATOR OF PAT DAVIS, DA RAUL TORREZ AND MAYOR TIM KELLER
Pat Davis is the current Chairman of the Bernalillo County Criminal Justice Coordinating Council (BCJCC). He was nominated to the position by District Attorney Raul Torres. The paid political consultant for Pat Davis, District Attorney Raul Torrez and Mayor Tim Keller when all 3 ran for office is none other that Alan Packman, the longtime political consultant for Mayor Tim Keller. Packman ran Keller’s race for State Senate and Mayor. Packman is currently employed by Mayor Tim Keller and works for the city’s 311 call center and answers to Mayor Tim Keller. Before going to work for the City, Packman was a full time paid political consultant and was the “go to guy” to run the political campaigns of young, progressive Democrats, inlcuding the campigns of Secretary of State Maggie Talouse Oliver. (EDITOR’S NOTE: In the interest of full disclosure, Alan Packman worked on the unsuccessful 2013 Pete Dinelli for Mayor Campaign.)
The BCJCC is a 13 member commission consisting of the Chief Judges of the District Court and Metropolitan Court, the District Attorney, the Public Defender, the President of the NM Criminal Defense Lawyers Association, Bernalillo County Sheriff, the Albuquerque Police Chief, a Bernalillo County Commissioner, a City Councilor, the ABQ Chief Administrative Officer, the Regional Administrator of New Mexico Probation and Parole and the Director of the Administrative Office of the Courts.
The purpose of the BCJCC is to serve as a forum concerning the law, the legal system, and the administration of justice, which includes identifying issues and their solutions, proposing actions, and facilitating cooperation that will enhance public safety and reduce crime in Bernalillo County, advance the fair and timely disposition of cases, maximize the efficient use of criminal justice resources, and ensure justice and improved outcomes for those accused of crimes and the victims of crimes.
THE PREAMBLE TO THE CODE OF JUDICIAL CONDUCT
The preamble to the New Mexico Code of Judicial Conduct Provides as follows:
“An independent, fair, and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society.
Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the rules [of the code of judicial conduct] … are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system.
Judges should maintain the dignity of judicial office at all times and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.”
WHY PAT DAVIS SHOULD NEVER SERVE ON JUDICIAL SELECTION COMMISSION
Pat Davis has been appointed to positions of trust and confidentiality by Governor Michelle Lujan Grisham, the Albuquerque City Council and the Bernalillo County Criminal Justice Coordinating Council. Two of those positions affect the New Mexico Bar, the criminal justice policy in Bernalillo County and the selection of judges. The past actions as a police officer by Davis, and his arrest for Aggravated DWI, should have disqualified Davis from the appointments, presuming he disclosed them before the appointments were even made. Any one who thinks that he has been vetted and forgiven for past mistakes because he successfully won twice for city council is seriously mistaken and being a fool. Many people of nefarious reputation have been elected to positions of authority, even a President of the United States. Election vetting and even a pardon does not absolve any one from serious misconduct.
The Code of Judicial conduct holds members of the judiciary to high ethical standards. This is absolutely necessary for the integrity of the legal justice system and we must be able to depend on it. Those who sit in judgment of others in legal proceedings, criminal and civil, must conduct themselves in a manner that maintains public confidence in the integrity and impartiality of the judiciary.
When it comes to those appointed to the Judicial Selection Commission, they too must be citizens that have conducted themselves in a manner that that reflects honesty, integrity and moral character. Those who serve on the Judicial Selection Commission are given an oath to carry on their duties of selection and need to be above reproach and influence. Judicial Selection Commissioners need to select people to nominate as a judge in a fair and impartial manner very much like what is expected of Judges.
Pat Davis as a police officer has a very troubling pattern of violating people’s civil rights, first as a police officer in Washington DC, then as a UNM Campus Police Offer. Pat Davis’ record of his past actions in a position of authority are a clear indication of what the public can expect of the type of judgment calls he will make when selecting people for the Judiciary. He had no business being appointed in the first place if in fact he revealed his past in the vetting for the appointments.
Given what is known about City Councilor Pat Davis, his actions as a police officer, his litigation history, his credibility is in serious doubt as are his political motives. The real Pat Davis, and his lack of respect for constitutional rights are revealed by his pattern of conduct he engaged if for years and was sued for as a UNM Police Officer and his conduct as a DC Police Officer. Pat Davis has no business making decisions regarding police reforms, law enforcement policy let alone be involved in the process deciding who is fit to be a judge.
If Albuquerque City Councilor Pat Davis is sincere and truly wants to make amends for his past conduct as a police officer, he needs to show some degree of honesty and integrity. He needs to stay off of any and all future Judicial Selection Commissions, step down and remove himself as City Council President, and resign or be replaced as the chairman of the Bernalillo County Criminal Justice Coordinating Council (BCJCC). All 3 appointed positions are positions of trust and influence in our criminal justice system. City Councilor Pat Davis has told the news media he has no intention of resigning from the city council. If that is the case, the Albuquerque City Council needs to move quickly and vote to replace Pat Davis as President, otherwise they will be viewed as a group of elected official willing to be lead by someone with a nefarious and troubling past.
The very last thing that is needed is for Pat Davis to serve in any one of the 3 appointed positions as someone who has said he has “made arrests and instigated some encounters I wouldn’t be proud of today” and who has engaged in “brutalization … of those who [he was] supposed to protect and serve.”