Supreme court agrees to hear judge arguments

Staff report

The state supreme court will hear arguments Dec. 4 in a request for a writ that would prevent Tenth District Court Judge Albert Mitchell from staying on the bench after failing to be retained by voters in the Nov. 4 general election.

The request was filed by a committee that advocated Mitchell’s ouster by its treasurer, Pamela Clark, and through its attorney, Warren Frost of Logan.

A supreme court order filed Friday says Mitchell and the judicial nominating commission have until Dec. 1 to file responses to the written request.

Mitchell needed 57 percent approval to retain his seat in the Nov. 4 general election; he received just under 50 percent.

Mitchell has said, however, the state constitution does not prevent him from applying to keep his job.

Mitchell has also said Gov. Susana Martinez has re-appointed three judges who had failed to be retained by voters.

In the petition, the committee wrote, “Allowing Judge Mitchell to apply for the vacancy created by his own non-retention” violates the constitution. The law’s intent, the petition said, “is to not retain judges who have failed to receive 57 percent of the vote.”

Further, the petition stated, “Allowing judge Mitchell to apply defeats the will of the voters of the Tenth Judicial District.”