Professional Documents
Culture Documents
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
Plaintiff,
REBECCA VIGIL-GIRON,
Defendant.
MOTION TO DISMISS
The Defendant, Rebecca Vigil-Giron, requests that this Court dismiss this case pursuant
to NMRA 2009 Rule 5-204 until a fair and impartial prosecutor can be secured. As grounds for
Attorney General King has a conflict of interest so deep and pervasive, and so clearly
violative of the Rules of Professional Responsibility, as well as New Mexico case law, that this
Court has a duty to intervene to ensure that the proceedings in this matter are fair and impartial
the current prosecutor because of the inherent and structural cont1ict within Attorney General
King's otlice.
indicating that this matter would be presented to a Bernalillo County Grand Jury on August 17.
2009.
conHicts of Attorney General King with respect to the case against her. The letter highlighted the
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following conflicts directly associated with Attorney General King's prosecution of this matter
which are stated below (Letters related to indictment attached as Exhibits A & B):
for Proposals (RFPs) for the HAVA voter education contract was
Shandler and Deputy Attorney General Dave Thompson are both critical
witnesses with regard to the legal advice they provided to Ms. Vigil-Giron
in her steadfast zeal to comply with all Federal and State HAVA
requirements.
King's Office.
c. Ms. Vigil-Giron will seek to call the current Attorney General as a witness
and that politicians frequently and with all due justification appear in
contract with Mr. Kupfer, Ms. Kupfer's prior administrative supervisory responsibilities over Mr.
Lackmann (including his prior termination), and the obvious political conflicts and differences
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4. Ms. Vigil-Giron requests that this Court conduct an evidentiary hearing to
determine whether a contlict of interest exists on the part of Attorney General King and, if so, to
dismiss the proceedings until an impartial prosecutor can be assigned to this matter.
B. ARGUMENT
person. State v. Pennington, 115 N.M. 372, 378-79, 851 P.2d 494,500-01 (Cl. App. 1993). The
court should indicate the relevant standard and the evidence demonstrating a violation of the
standard. Id. At the initial stage, the defendant has the burden of coming fOf\vard with evidence
Although there is no Rule of Professional Conduct in New Mexico relating directly to the
disqual ification or recusal of a prosecutor,"[a procecutor] should represent public justice and
stand indifferent between the accused and any private interesl.'· State v. Chambers, 86 N.M. 383,
387, 524 P.2d 999, 1003 (Cl. App. 1974), overruled on other grounds by State v. Pennington, 115
"Prosecutors are quasi-judicial otlicers...\vho have the distinctive role of disinterested and
impartial public advocates." State v. Robinson, 2008-NMCA-036, ~ 16, 143 N.M. 646,650, 179
P.3d 1254,1258 (Cl. App. 2008)(citing State v. Gonzales, 2005-NMSC-025, ~ 35,128 N.M. 271.
280, 119 P.3d 15 L 160 (2005)). "[H]is methods in procuring [a1conviction must accord with the
fair and impartial administration of justice, and he should see that the accused receives a fair
trial..... Chambers, 86 N.M. at 386,524 P.2d at 1002. Prosecutors should not be influenced by
private interests. State v. Hill. 88 N.M. 216, 219 539 P.2d 236, 239 (Cl. App. 1975). A
prosecutor "must also protect the rights of the accused and maintain both actual and perceived
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impartiality." Robinson, 2008-NMCA at ~ 17, 143 N.M. at 650, 179 P.3d at 1258 (citing Hill, 88
In deciding whether to disqualify the entire prosecutor's office, one must determine,
"whether a reasonable person standing in the shoes of the defendant should be satisfied that his
or her interests will not be compensated." State v. Gonzales, 128 N.M. 271,279, 119 PI3d 151,
159 (2005)(quoting State ex reI. Romley v. Super Ct., 908 P.2d 37, 42 (Ariz.Ct.App.1995)).
"[T]he ultimate goal is to maintain both public and individual confidence in the integrity of our
Here, Attorney General King, through AAGs Badway and Lackmann, apparently believe
that the President Lincoln's admonition that "A house divided against itself cannot stand" does
not apply to the current Attorney General's Office. Current Deputy Attorney Generals advised
then Secretary of State Vigil-Giron exactly how to administer a federal grant. Ms. Vigil-Giron
followed and acted on that advice, but current Attorney General King believes that the advice of
his current employees was criminal. Clearly, public confidence in the integrity ofjudicial system
c. PRAYER
For theses reasons, the Defendant Rebecca Vigil-Giron requests that the Attorney
General's Office be disqualified from prosecuting this matter so that an independent, unbiased
and conflict-free prosecutor can be assigned to review the allegations in this matter and so that
current employees of the Attorney General's Office are at liberty to testify without fear of
retaliation by their current boss, Attorney General Gary King, and for whatever other relief this
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Robert J. Gorence
Louren Oliveros
Gorence & Oliveros, P.e.
201 12 th Street NW
Albuquerque, NM 871 02
I hereby certify that a true copy of the foregoing was faxed/mailed to the following parties
this ,l/fhray of Sept., 2009.
Fax: 505-827-5826
Albuquerque, NM 87102-1815
Albuquerque. NM 87102
Fax: 222-9009
Billy Blackburn
Albuquerque, NM 87102-1952
Fax: 243-6279