Written by Andrew Oxford
The New Mexico Supreme Court on Wednesday reprimanded a district attorney and a prosecutor-turned-judge for their misuse of subpoena power.
The disciplinary cases against Eighth Judicial District Attorney Donald Gallegos of Taos and former prosecutor Emilio Chavez stem from 94 subpoenas he issued during 2012 and 2013 without the approval of a judge or grand jury to gather information in criminal investigations before charges were filed.
Gov. Susana Martinez last summer appointed Chavez as an Eighth Judicial District Court judge, based in Raton.
Attorneys for the New Mexico Supreme Court Disciplinary Board, which regulates the conduct of attorneys across the state, argued that the practice allowed prosecutors to skirt judicial oversight and fish for evidence.
