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Judge fails alcohol test, resigns

High-profile cases on hold

Updated: Friday, 09 Mar 2012, 8:56 AM MST
Published : Friday, 09 Mar 2012, 8:37 AM MST

LOS LUNAS, N.M. (KRQE) - A high-profile judge is calling it quits after failing an alcohol test and that could cause problems for some of the big murder cases on his docket.

Valencia County Judge John Pope agreed to leave the bench for good on March 16, after the Judicial Standards Commission and state Supreme Court called for his resignation.

Judge Pope was on probation and subject to random alcohol testing due to a lie he told six years ago. In 2006, he failed to show up for a criminal trial, claiming he had a heart attack. But Judge Pope later admitted he had a drinking problem.

Last month, Judge Pope failed an alcohol test, a clear violation of his probation.

Judge Pope has presided over high-profile cases and made some questionable sentencing decisions during his nearly two decades on the bench in Valencia County.

"People would disagree with some of his decision, but he would back them up very well," said Valencia County District Attorney Lemuel Martinez.

Martinez said there will be a major backlog in his office because Judge Pope presides over more than half of all criminal cases in the county. Most notable includes the Levi Chavez case. Chavez is the former Albuquerque Police Officer, accused of murdering his wife in 2007 and making it look like a suicide. The trial was supposed to start in July. Martinez said the case will be delayed, but he couldn't say by how many months.

Martinez said whoever replaces Judge Pope will need to get up to speed in order to avoid more delays.

"Whoever the next judge is, I urge them to look at those old motions and see what the rulings are with those motions, to make sure the rulings in the future are consistent with the past," said Martinez. "So we don't have to revisit every particular issue that has already been decided and we can count on some consistency."

Martinez said applications for Judge Pope's seat will open up next week. A bi-partisan committee will then recommend its picks to Gov. Susana Martinez, who will make the final appointment.

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