Magistrate Judge Ted McCutcheon sent a letter of resignation Monday to New Mexico Supreme Court Chief Justice Richard Bosson following the filing of a sexual-harassment complaint by a clerk, the Alamogordo Daily News reported today on its Web site.

McCutcheon told the paper last week that the complaint, filed by clerk Meah Desmare, was based on a misunderstanding stemming from a courtroom incident four or five weeks ago.

McCutcheon told the Daily News he had been doing video arraignments and Desmare, who had been assisting him, had done a good job and he put his arm on her shoulder and thanked her for her efforts, the paper reported.

The judge said the courtroom was empty and the door was open, but Desmare apparently didn't appreciate the gesture, according to the Daily News.

An attorney for Desmare, Joleen Youngers of Las Cruces, said her client had been instructed by the Administrative Office of the Courts, where the complaint was filed, not to comment on the case, the Daily News said.

Although McCutcheon's remarks were reported by the Daily News last week, the judge told the paper he was now unable to comment.

"That has put (Desmare) in an awkward position," Youngers told the paper about the inability to comment. "I think it's important also that the allegations are much more serious than a hug or touch on the shoulder."

McCutcheon said in a statement released to the paper that he was resigning to avoid even the appearance of impropriety.

"I must put the state's interest in respect for the judiciary even before my own respect," McCutcheon said in his statement.

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