The New Mexico State Supreme Court censured a New Mexico attorney because of her “misconduct” in two unsuccessful cases pushing back on COVID-19 regulations during the height of the pandemic.
The decision also included a one year deferred suspension from practicing law.
The state Supreme Court made the decision to censure Nancy Ana Garner after she did not contest the charges that she violated the state’s Rules of Professional Conduct for attorneys during a disciplinary process.
In 2022, Garner filed lawsuits on behalf of Sandia National Laboratories Employees and Backstreet Grill, an Albuquerque restaurant, challenging rules put forward by the governor to mitigate the effects of the pandemic.
It was the case involving Backstreet Grill that received the most attention because of Garner’s statements in a filing.
The restaurant in Albuquerque had its food permit revoked for failure to follow COVID-19 precautions. Garner filed a response titled, “Acceptance of Service, and Response to Petition for TRO and My Right to Disqualify Any Judge Who Allowed Themselves to Be Injected with Experimental Gene Therapy” according to the court.
What followed was a filing that included multiple conspiracy theories about COVID-19, calling Gov. Michelle Lujan Grisham a “tyrant” multiple times, insulting judges and comparing the rules to Nazi Germany.
Garner also branched out to other far-right conspiracy theories, like the QAnon and Pizzagate-backed theory born out of anti-Semitism involving the invented harvesting of adrenochrome. She said that Lujan Grisham, “seized power with the glee of an adrenochrome addict.”
At the time, Garner told KOB-TV, “I just wanted to show them, you want to play insane? I can play insane, too. So I wanted it to be shocking.”
The Sandia National Labs case did not involve unfounded conspiracy theories, but the Disciplinary Board found that her law firm sent a letter that claimed to serve “as formal notice to cease and desist all actions related to mandates requiring employees to wear a face mask, submit to COVID-19 tests or be injected with the COVID-19 vaccine as a condition of employment” to all Sandia National Labs’ Human Resources and Communications Director instead of to legal counsel.
The Supreme Court said that Garner denied writing or signing the letter, but “does not contest that she approved the letter.”
The Supreme Court said her “conduct reflects poorly, not only on herself but on the legal profession as a whole, further eroding the public’s already fragile confidence in our legal system.”
A judge initially found that Garner’s conduct was enough for a six month suspension, but declined to impose such a punishment because of the attorney’s bipolar disorder.
The Supreme Court cited her remorse and lack of prior disciplinary history in their decision.
