It’s true that a $750 political donation probably won’t buy you a judgeship, even if you could find someone who’s selling.
It’s also true that J. Miles Hanisee has had a distinguished career as a federal prosecutor and defense attorney.
And it’s true that Hanisee is politically tone-deaf.
How else to explain why he made a contribution to Gov. Susana Martinez’s political action committee as he was preparing to apply for a gubernatorial appointment to the bench?
“There was no connection in my mind whatsoever” between the donation and the appointment, Hanisee said Monday. “I applied completely on my own merits.”
The question is whether making the donation was a good idea given the pending case against state District Judge Michael Murphy of Las Cruces, who is accused of saying that a lawyer needed to make campaign contributions if she wanted a gubernatorial appointment to the bench.
In fairness to Hanisee, he made a very public contribution to a PAC. Murphy, who has been suspended, allegedly said the attorney needed to put cash in envelopes and deliver them to a local Democratic political figure if she wanted to be a judge. Murphy has pleaded not guilty.
Political contributions by lawyers once they are on the bench also have become a matter of concern for the state Supreme Court. A new Code of Judicial Conduct, which was adopted by the court and took effect Jan. 1, restricts the political activities of judges, including their making of campaign contributions, in an effort to maintain public confidence.
Also questionable is whether someone like Hanisee who is about to apply for a gubernatorial appointment should make a contribution to the governor’s PAC.
Companies can’t legally make contributions while seeking government contracts. State law also prohibits lawmakers from soliciting donations from lobbyists and others while the Legislature is in session.
Martinez political adviser Jay McCleskey said in an email that he was certain the Hanisee contribution “was not solicited by anyone from the PAC, as we have been very careful to avoid soliciting (or knowingly accepting) contributions from judicial candidates.”
Not long after he made the contribution to Susana-PAC, Hanisee was appointed by Martinez to fill a vacancy on the state Appeals Court. (He also gave money to Martinez’s gubernatorial campaign last year.) Hanisee is now running for election to the seat.
The spot on the Appeals Court became vacant June 1 because of the retirement of Robert Robles after his arrest in Albuquerque for drunken driving.
Hanisee was one of 18 lawyers who submitted applications for the job to the Judicial Nominating Commission, which recommends candidates for judgeships to the governor.
His application was received June 13 by the commission, according to its records. In a donation dated three days later, Susana-PAC reported getting $750 from Hanisee. He said the check actually was dated June 5 but acknowledged he was considering applying for the judgeship at that time.
The Santa Fe Reporter weekly newspaper first reported on the contribution on its website.
Hanisee said Susana-PAC didn’t solicit the contribution and that he made the donation knowing it would be public and because he supports the governor’s policies.
Martinez created the PAC, separate from her gubernatorial campaign, to help in the election of like-minded candidates. Hanisee donated at least $1,300 last year to Martinez’s gubernatorial campaign.
The bipartisan Judicial Nominating Commission, which sends the governor a list of recommended applicants from which she must make an appointment, recommended Hanisee and six others for the vacancy on the Appeals Court.
“I am confident that Mr. Hanisee’s commitment to the law and his experience as a federal prosecutor make him extremely worthy to serve on the Court of Appeals on behalf of the people of New Mexico,” Martinez said in announcing Hanisee’s appointment July 29.
To keep the job beyond this year, Hanisee, a Republican, must win a partisan election in November for an eight-year term on the court.
State District Judge M. Monica Zamora of Albuquerque, a Democrat, also has announced her candidacy for the job. Zamora was one of the other recommended applicants for the appointment that went to Hanisee.
UpFront is a daily front-page news and opinion column. Comment directly to Thom Cole at tcole@abqjournal.com or 505-992-6280 in Santa Fe. Go to www.abqjournal.com/letters/new to submit a letter to the editor.
— This article appeared on page A1 of the Albuquerque Journal
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