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State judge may face sanctions

Updated: Thursday, 02 Sep 2010, 3:12 PM MDT
Published : Wednesday, 25 Aug 2010, 6:43 PM MDT

ALBUQUERQUE, NM - The Judicial Standards Commission recommended a formal reprimand, a 60-day suspension, and sexual harassment counseling for state District Court Judge Bob Schwartz on Tuesday.

The commission found Schwartz pursued a romantic relationship with an assistant public defender and then made rulings in two of her cases. When Schwartz finally recused himself from her cases, he made no mention of his relationship with the public defender.

The commission report details Schwartz's romantic pursuit of the defense lawyer. According to the report, Schwartz invited the 29-year-old woman to lunch last summer just days before she had a pair of cases scheduled in his courtroom.

At an Albuquerque park, Schwartz gave the woman, who is 30 years his junior, a copy of the self help book "The One Hour Orgasm." The author of the book is also named Robert Schwartz.

As a joke, Schwartz pasted his official judicial photo over the author's picture, something Schwartz told the commission is an old gag of his. He also gave her a pair of latex gloves. She took it as a joke, but at that point the commission says Schwartz should have recused himself from all of her cases.

Instead, the report says Schwartz took her out the next evening to a concert in Santa Fe. Later that night, Schwartz and the public defender had drinks at two bars in Albuquerque.

According to the commission, Schwartz knew the romantic relationship meant he couldn't hear the public defender's cases in his court. In fact, Schwartz promised her he would recuse himself from her upcoming cases.

But the following week, Schwartz made rulings in two of her cases, never mentioning his personal relationship with the public defender. When Schwartz finally did recuse himself, the commission says he was not truthful about the reason.

The state Supreme Court will now decide whether to follow the commission's recommendation, and reprimand Schwartz.


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