Embattled Gallup district attorney resigns days before Supreme Court trial

SANTA FE — Embattled McKinley County District Attorney Bernadine Martin said Thursday she has stepped down from her job, nearly eight months after state lawmakers defunded her office due to job performance concerns.

The decision by Martin to resign comes just days before the state Supreme Court was set to hear arguments in a rare attempt to remove an elected official — in this case Martin — from office. Specifically, the Supreme Court had scheduled a three-day trial that was set to begin Monday.

New Mexico Attorney General Raúl Torrez filed a petition in August 2025 seeking to remove Martin from office, alleging she violated state procurement laws, created a hostile work environment and relied on contract attorneys after running off all staff attorneys in her office.

Martin, who is the state’s first female Navajo district attorney, had defended her job performance and criticized legislators for defunding her office during last year’s 60-day legislative session.

In a Thursday statement announcing her resignation, Martin said she agreed to resign, effective Wednesday, as part of a settlement agreement with the Attorney General's Office. She also expressed gratitude to McKinley County voters for electing her to office in 2020, and then voting to reelect her in 2024.

"Over the years, we moved thousands of cases through the criminal justice system that benefitted victims, the public and defendants," Martin said in her statement. "I am most proud of the reduction of the DWI rate, which was a campaign promise."

She also said she was personally handling 551 criminal cases as of mid-February, a much higher caseload than most district attorneys personally carry.

However, Martin had faced local criticism for dismissing several high-profile cases. That includes a 2023 rape case that she told KRQE-TV was dismissed because the defendant went to school with her children.

Senate Finance Committee Chairman George Muñoz, D-Gallup, who led the push to defund Martin's office, said Thursday he felt compelled to take action after hearing complaints from local residents about the large number of dismissed cases.

"People will get justice now," Muñoz told the Journal. "She can blame whoever she wants, but she has to look in the mirror."

The state Department of Justice did not immediately respond Thursday to questions about Martin's resignation, but a joint filing with the Supreme Court indicated the state and the district attorney had reached a "mutually acceptable resolution" to the case.

The agreement also prompted the state to dismiss its case against Martin, rendering moot the planned Supreme Court trial.

Legal and political jousting 

After her office was defunded last July, Martin rebuffed calls for her to resign, while also seeking unsuccessfully on two separate occasions to obtain emergency state funding to keep paying staffers.

After her requests were denied, Martin entered into an agreement in September with Jack Fortner, the district attorney in neighboring San Juan County, that ensured employees would continue being paid.

Fortner said that agreement included a stipulation that employees continue to be allowed access to the restroom in the District Attorney's Office, after they had previously been blocked from using the facilities.

"I think the employees will be under a lot less stress" after Martin's resignation, Fortner said.

He also said he and a top deputy have been traveling to Gallup several times a month to meet with employees, while also maintaining contact with local law enforcement officials. In addition, several attorneys have been hired to handle felony cases, Fortner said.

The San Juan County district attorney also defended Muñoz, while describing Martin's decision to dismiss rape and murder cases that were presented to her by law enforcement as a "travesty."

"He didn't just do this because he didn't like her," Fortner said, referring to the five-term state senator.

What happens next 

With the Supreme Court case now scrapped, it will fall on Gov. Michelle Lujan Grisham to pick a replacement for Martin.

The governor has already had to fill a vacant district attorney position, as Torrez stepped down as Bernalillo County district attorney at the end of 2022 after being elected attorney general. The governor then picked Sam Bregman to be the lead prosecutor of the state's most populous county. 

Whomever is appointed in McKinley County could face a daunting task in rebuilding the office, along with the possibility of having to run for a new term in the November general election. The winner of that election would then hold the seat through 2028.

Meanwhile, a budget bill approved by lawmakers during this year's 30-day session calls for funding for the McKinley County District Attorney's Office to be restored two months after the resolution of the Supreme Court case.

Until that time, the budget bill earmarks $3.4 million for the San Juan County District Attorney's Office to pay for contract attorneys and staff attorneys in the McKinley County District Attorney's Office.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.