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Wednesday, July 01, 2009
Judge Tells Attorney To Get Lawyer
By Scott Sandlin
Journal Staff Writer
An Albuquerque District Court judge ordered a criminal defense attorney facing tax evasion charges to be arrested Tuesday for repeatedly showing up without legal representation.
Second Judicial District Judge Robert "Bob" Schwartz ordered Daniel Salazar, 45, into custody when he arrived without an attorney for a status conference on a 2008 criminal case in which he's the defendant. Schwartz placed Salazar on a no-bond hold.
"In essence, it's a contempt of court," Schwartz said afterward. "I'm going to file an order to show cause. ... I may file an order against the whole Public Defender Department, as well, if I find out they haven't provided him with an attorney."
Schwartz issued the order during what normally would have been a routine status conference.
"We have a trial date set for next month, and to date Mr. Salazar still has not gotten a lawyer," Schwartz said.
The judge will revisit the issue today at a hearing.
Salazar could represent himself, but has told the court he can't afford a lawyer and would like to have one appointed to represent him.
The New Mexico Public Defender Department has objected to having an attorney appointed for Salazar because the taxes he's accused of not paying are gross-receipts taxes allegedly owed on public defender contracts. Salazar has represented clients on public defender contracts in a range of cases, including the man prosecutors believe to be the most culpable in the 2007 beating death of security guard Susan Schmidt.
An April 2008 indictment charges Salazar with eight counts of attempt to evade or defeat tax for the four quarterly reporting periods covering 2005 and 2006. That case is assigned to Schwartz.
A subsequent, 2009 indictment charges Salazar with seven counts of tax evasion, continuing through the taxable periods in 2007 and 2008. It is assigned to Judge Neil Candelaria.
Lynn Southard, a spokeswoman for Attorney General Gary King, said that together, the indictments allege Salazar owes the state $31,885.
Salazar has pleaded not guilty.
Court records show the Attorney General's Office has asked the judge to compel Salazar to hire a lawyer or waive his right to counsel, noting that at pretrial conferences or hearings between May and December, Salazar was regularly threatened with contempt and ordered to get a lawyer.
In December, the parties met in the judge's chambers "and were informed by the (Public Defender Department) that because Mr. Salazar was not indigent, he did not qualify for free representation by that office. ... The office of the Public Defender determined that it was presented with an irreconcilable, statewide conflict that precluded it from representing defendant."
Prosecutors disagreed. Assistant Attorney General Raúl Torrez argued in a motion that a contract defender outside Bernalillo County could represent Salazar.
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