Group questions judicial appointment process

December 26, 2008

A Belen community group filed a complaint today with New Mexico’s attorney general, asking if the City of Belen violated its own ordinance and state law when it appointed a temporary judge to fill the seat of retired Municipal Judge Kathy Savilla.

After serving almost two full terms, Savilla retired on Nov. 1 and plans to return to her elected seat after a 90-day absence required by the Public Employees Retirement Act (PERA).

In the complaint, Our Tomorrow: For a Better Belen calls the appointment of a temporary municipal judge “unacceptable.” The group argues that Savilla’s retirement constitutes a “vacancy” under the law, which would require the City of Belen’s governing body to appoint a permanent replacement to serve out the remaining year and four months of her term.

“Efforts by the municipal judge to quietly retire, according to the Valencia County News-Bulletin, and the City of Belen to use a temporary municipal judge as a placeholder, delaying the appointment of a new judge to guarantee Savilla’s reappointment after 90 days, is unacceptable,” the complaint reads.

The complaint cites the government’s “failure to follow the provisions of City of Belen Municipal Code Section 2.16, ‘Municipal Court,’ also as associated with Section 35-14 NMSA 1978, ‘Municipal Courts.’”

Our Tomorrow asked the attorney general’s Government Accountability Division for a quick determination, noting Savilla could return to the job by appointment as early as Jan. 29.

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