Duran attorney says AG should be pulled from case

The latest in the saga that is the criminal case involving Secretary of State Dianna Duran is a motion from Duran’s lawyer asking that New Mexico Attorney General Hector Balderas be removed as the prosecutor. Duran’s attorney, Erlinda Johnson, filed the motion on Wednesday and asked the court to consider removing Balderas from the case […]

Duran attorney says AG should be pulled from case

The latest in the saga that is the criminal case involving Secretary of State Dianna Duran is a motion from Duran’s lawyer asking that New Mexico Attorney General Hector Balderas be removed as the prosecutor.

Secretary of State Dianna Duran
Secretary of State Dianna Duran. Courtesy photo.

Duran’s attorney, Erlinda Johnson, filed the motion on Wednesday and asked the court to consider removing Balderas from the case on the grounds that his presence creates a conflict of interest.

Johnson called the relationship between Balderas and Duran “contentious” and argued that Balderas has an ax to grind with Duran.

“The acrimony between Ms. Duran and AG Balderas has continued for months, now giving ride to questions about this prosecutorial agencies bias against Ms. Duran,” the motion states.

In a statement, a spokesman for the Attorney General’s office discounted the claims by Duran’s attorney.

“There has never been a conflict of interest in our office investigating or prosecuting this matter. We will address our arguments on that issue before the court,” spokesman James Hallinan said. “After the filing of criminal charges, we took additional measures to facilitate the operations of both of our offices.”

New Mexico Attorney General Hector Balderas. Courtesy photo.
New Mexico Attorney General Hector Balderas. Courtesy photo.

“It was becoming more and more difficult to effectively continue representation of the Secretary of State’s Office while prosecuting this case,” Hallinan continued.

The motion came shortly after Balderas informed Duran he was rejecting a number of cases her office referred to him. Johnson told the Albuquerque Journal that the AG’s Office sent the letter after they learned of Johnson’s intention on having Balderas removed from the case.

The move by Balderas to refuse those cases also came under fire in the court document.

Johnson further argued Balderas could have simply assigned the case to a district attorney and this would have alleviated any perception of personal bias.

“However, the Attorney General’s Office chose to forsake the obligations he was elected to fulfill for one case, charging primarily misdemeanors but against a political adversary,” Johnson wrote.

In support of her argument to remove Balderas, Johnson cited an instance when the New Mexico Supreme Court ruled that, then-District Attorney and current governor, Susana Martinez was forced to step down as a prosecutor against one of her former employees.

In an email to New Mexico Political Report, Johnson added that her client has not been provided the opportunity to amend her campaign finance reports and that news outlets have misconstrued the dollar amount that is in question.

“Keep in mind that the allegations don’t revolve around hundreds of thousands of dollars as portrayed by the media. It is actually less than $12,000,” Johnson said.

Still, she maintains that “Ms. Duran is innocent of criminal wrongdoing.”

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

‘Not only draconian… immoral’: NM legislators, advocates talk Trump deportation plans

‘Not only draconian… immoral’: NM legislators, advocates talk Trump deportation plans

Perhaps the most vilified population in the United States during the first Trump Administration were immigrants. This vilification is only rising. Trump plans to…
State Rep. Alcon steps down, cites health concerns

State Rep. Alcon steps down, cites health concerns

State Rep. Eliseo “Lee” Alcon, D-Milan, announced his retirement from the legislature Saturday citing health issues as the reason. The retirement was effective immediately.…
Politics Newsletter: potential immigration legislation

Politics Newsletter: potential immigration legislation

Hello fellow political junkies! New Mexico immigrant advocacy groups announced their legislative proposals during a press conference Nov. 22. The proposals include not allowing…
PNM plans to build a new solar facility in northwest New Mexico

PNM plans to build a new solar facility in northwest New Mexico

A new solar and battery storage facility known as the Sunbelt Project could be coming to the Central Consolidated School District in northwest New…
NM launches phase two of rebate program on Black Friday

NM launches phase two of rebate program on Black Friday

People looking to upgrade to new energy-efficient appliances may be in luck this Black Friday. The New Mexico Energy, Minerals and Natural Resources Department…
NMED releases final strategic water supply feasibility study

NMED releases final strategic water supply feasibility study

More details are now available about a controversial plan to use treated produced and brackish water for industrial purposes. Produced water is a byproduct…
Head Start could be threatened under Trump

Head Start could be threatened under Trump

A popular program that enjoys bipartisan support, Head Start, could be under threat under a second Donald Trump administration. Project 2025 calls for the…
MLG speaks about education during oil, gas industry meeting

MLG speaks about education during oil, gas industry meeting

New Mexico produces the second highest amount of oil and gas in the country. The taxes from oil and gas production provide funding for…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Heinrich introduces legislation to address affordable housing

Heinrich introduces legislation to address affordable housing

U.S. Sen. Martin Heinrich, D-New Mexico, introduced legislation in the Senate on Monday that would provide tax credits to incentivize new investments and additional…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
As rhetoric around undocumented workers heats up, new report shows their tax contribution

As rhetoric around undocumented workers heats up, new report shows their tax contribution

A nonprofit group released data showing how much taxes migrants pay in the U.S. as rhetoric on immigration grows more prominent just months from…
Abortion care: What’s at risk under a second Trump term

Abortion care: What’s at risk under a second Trump term

With a Republican trifecta going forward, the right to an abortion and the ability to obtain one will be at high risk even in…
Indigenous Women Rising rebrands amid decrease in donations and increased costs

Indigenous Women Rising rebrands amid decrease in donations and increased costs

Indigenous Women Rising, a grassroots abortion fund provider supporting Native individuals, is experiencing a decrease in donations while, simultaneously, an increase in those needing…
U.S. Supreme Court has one bodily autonomy case on its docket

U.S. Supreme Court has one bodily autonomy case on its docket

With the U.S. Supreme Court refusing to hear one reproductive rights case this term, the high court has only one case on its docket…
Stansbury announces bill to expand medical residencies in Tribal communities

Stansbury announces bill to expand medical residencies in Tribal communities

U.S. Rep. Melanie Stansbury introduced a bill that would provide $4 million annually to create an office within the Indian Health Service to oversee…
Sexual assault helpline launches during Domestic Violence Awareness Month

Sexual assault helpline launches during Domestic Violence Awareness Month

A new, dedicated statewide sexual assault helpline officially went live on Monday. The New Mexico Coalition of Sexual Assault Programs launched the helpline to…
Golden Opportunity to use community collaboration to battle opioid epidemic

Golden Opportunity to use community collaboration to battle opioid epidemic

The opioid epidemic is easing in the Albuquerque area and more help is on the way, according to the New Mexico Department of Health.…
New Mexico completes election canvass, two recounts triggered

New Mexico completes election canvass, two recounts triggered

The State Canvass Board certified the New Mexico 2024 general election results Tuesday in Santa Fe. The board, comprised of Gov. Michelle Lujan Grisham,…
LGBTQ rights: What’s at risk under a second Trump term

LGBTQ rights: What’s at risk under a second Trump term

Within the first two days after the general election earlier this month, LGBTQ crisis lines in the U.S. experienced a 700 percent increase in…
Politics Newsletter: Election recap

Politics Newsletter: Election recap

Hello fellow political junkies! The election is over (finally) but the work of government continues as does the work of covering and chronicling the…
Artificial Intelligence regulation under Trump

Artificial Intelligence regulation under Trump

As artificial intelligence becomes more commonplace, Congress is attempting to put in place some regulations designed to mitigate against potential risks. Proponents of the…
Trump likely to change regs protecting against sex-based discrimination in schools

Trump likely to change regs protecting against sex-based discrimination in schools

President-elect Donald Trump is likely to return the regulation, Title IX, that protects against sex-based discrimination, to previous rules which could harm LGBTQ individuals…
‘Not only draconian… immoral’: NM legislators, advocates talk Trump deportation plans

‘Not only draconian… immoral’: NM legislators, advocates talk Trump deportation plans

Perhaps the most vilified population in the United States during the first Trump Administration were immigrants. This vilification is only rising. Trump plans to…

GET INVOLVED

© 2023 New Mexico Political Report