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HOME	CLASSIFIEDS	OBITUARIES	SPORTS	OPINION

Thursday, April 17, 2008

DA Candidate Unqualified for Office, Judge Says

By By Vic Vela /
Mountain View Telegraph
      A judge ruled Thursday that First Judicial district attorney candidate Eliot Gould is not qualified to seek the office.
       The ruling is the result of a challenge to Gould’s candidacy filed recently by deputy district attorney Joe CampBell, a Gould rival from Edgewood who also is seeking the post.
       “I’m trying to protect the people of this jurisdiction,” CampBell said in his closing argument to District Judge Daniel Sanchez. “Under no way, shape or form is (Gould) qualified to be district attorney of the First Judicial District.”
       Sanchez agreed with CampBell’s interpretation of a 1968 state Supreme Court decision that district attorneys must be “learned in the law,” meaning such office holders must be licensed attorneys in New Mexico.
       Gould said he formerly practiced law in Illinois, but CampBell argued in his opening remarks that Gould is not licensed anywhere.
       Gould, a partner in a bead business, tried to argue that the definition of “learned in the law” is “flexible, vague and ambiguous.” He said his law school education and prior history of practicing law should be enough for voters to decide who is best for the district attorney post.
       “ … court rulings cannot usurp the Constitution,” Gould said. “(Challengers to his candidacy) are wiping out the opportunity of the people to directly elect a candidate on the basis of twisting” the issue to suit their agenda.
       Sanchez was visibly frustrated with Gould throughout the hearing. The judge often had to educate Gould on court room etiquette and procedures, and sometimes used a terse tone with the defendant when Sanchez thought he was stepping out of line.
       “Sir, please don’t talk when I’m talking!” Sanchez said during one exchange. The judge on several occasions told Gould to “go back behind the podium” when the defendant approached the bench without permission.
       On at least one occasion, the courtroom bailiff stood up and took a small step toward Gould while the defendant was moving toward the judge and away from the podium.
       Toward the end of the hearing, Sanchez slumped in his seat while slapping a gavel against the inside of his hand after Gould continued to speak when Sanchez tried to get him to stop talking.
       Gould admitted he had not been in a courtroom “in quite some time” and that he was not well versed in proper etiquette.
       Gould said he plans to appeal Thursday’s decision.
       Sanchez’s ruling resulted in another challenge to Gould’s qualifications being dropped because the same decision would be considered moot. That hearing took place immediately following Sanchez’s ruling and in the same courtroom.
       Also Thursday, Gould failed in a separate attempt to challenge the validity of CampBell’s ballot petition signatures. Judge James Hall ruled in a hearing that followed the two Sanchez hearings that Gould did not provide enough evidence to prove that any of CampBell’s signatures were invalid.
       The Democratic race for district attorney is now down to three hopefuls: CampBell, chief deputy district attorney A.J. Salazar and Española city attorney Angela “Spence” Pacheco.
   

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