Top-ranking NM Senate Democrat faces ethics hearing after internal investigation

SANTA FE — A top-ranking New Mexico Senate Democrat is facing a rare public ethics hearing Friday, after being accused of violating the Legislature’s anti-harassment policy.

No details have been released about the allegations against Senate President Pro Tem Mimi Stewart, D-Albuquerque, who said Thursday she could not yet discuss the case.

Legislative Council Service Director Shawna Casebier said the complaint against Stewart is going through the process established in the anti-harassment policy, but also declined further comment.

Under the Legislature’s anti-harassment policy, complaints against legislators are initially kept confidential and are considered by top-ranking legislators — including lawmakers from both political parties — and an outside expert. If a complaint is deemed to have merit, it is then forwarded to an investigative subcommittee for further review.

If that committee determines probable cause exists, the matter is sent on to a separate panel that must hold a formal hearing and weigh the evidence in the case to decide whether sanctions should be imposed.

Due to the secretive nature of the process, it’s unclear how many ethics complaints have been filed against legislators in recent years.

A 2022 complaint against former Sen. Daniel Ivey-Soto did become public, although it did not result in a public hearing being held. Ivey-Soto said at the time his lawyer was told the case against him had been closed with no recommendation for discipline.

That case prompted calls from outside groups for the Legislature’s handling of ethics complaints to be revised, but no changes were ultimately made.

The anti-harassment policy was last updated by lawmakers in 2018, after a slew of sexual misconduct claims in New Mexico and around the nation. The policy covers sexual harassment, along with harassment based on age, race, gender, religion and other factors.

Lawmakers who are found to have violated the anti-harassment policy face sanctions that include reprimand, censure or expulsion from the Legislature.

No legislator has been expelled from the body in recent years, though former Sen. Phil Griego, a San Miguel County Democrat, resigned in 2015 while facing a possible removal vote.

Stewart is the Legislature’s second-longest-serving member, having served in the Senate since 2015 after previously representing an Albuquerque-based state House seat for roughly 20 years.

She was elected the Senate’s president pro tem in 2021, following former Sen. Mary Kay Papen’s defeat in the previous year’s primary election. In her current post, Stewart plays a key role in choosing Senate committee chairs and determining committee assignments.

The Friday meeting of the hearing subcommittee of the Interim Legislative Ethics Committee to consider the allegations against Stewart will be held remotely.