CRIME

Steve Guthrie resigns as Otero County magistrate judge following misconduct inquiry

Jessica Onsurez
Alamogordo Daily News
Otero County Magistrate Judge Steve Guthrie resigned this week, ending further disciplinary proceedings related to a judicial inquiry by the New Mexico Supreme Court which began in 2021.

Otero County Magistrate Judge Steve Guthrie agreed to resign the Division I seat April 25, ending further disciplinary proceedings related to a judicial inquiry by the New Mexico Supreme Court which began in 2021.

Guthrie's resignation became effective April 25, according to New Mexico Supreme Court documents when the court granted a petition for permanent resignation "in lieu of further disciplinary proceedings."

In September 2021 the Judicial Standards Commission asked the court to open a disciplinary inquiry related to a slew of alleged misconducts by Guthrie. The Commission had conducted its own inquiry into the allegations beginning in January 2021.

Among the allegations were improper sentences and incarceration for defendants, improper bail issuance, failure to complete required paperwork, engaging in judicial activities without proper jurisdiction, judicial misconduct and violation of a defendant's right to due process.

In addition, Guthrie was investigated for use of tobacco on court premises when it is prohibited by state law, and for placing staff within the court at risk when he failed to use a mask while inside the courtroom.

In an August 2020 response to the initial investigation by the Judicial Standards Commission, Guthrie denied the allegations. 

In total he was accused of 26 counts of misconduct, according to court documents.

The Alamogordo Daily News attempted to contact Barnett Law Firm which represented Guthrie on Friday, but was unable to get comment regarding the issue.

In September 2021 Guthrie agreed to a 30-day suspension beginning Nov. 1, 2021 related to the offenses after he "admitted he engaged in willful misconduct." He was ordered to complete a judicial course and was placed on unsupervised probation and issued a mentorship. 

In March, Guthrie was cited for contempt of court when it was alleged he had been performing judicial duties while on suspension. 

According to court documents, Guthrie oversaw a bond hearing, and made at least two orders setting conditions of release during his November suspension.

He was again placed on suspension for four months, March 3, 2022 to July 3, 2022, and the court asked the Judicial Standards Committee to issue by April 4 a draft censure document against Guthrie. That draft was submitted, but later Guthrie agreed to a motion that stipulated a resignation and allowed him to forego the disciplinary action.

The Alamogordo Daily News was unable to confirm how Guthrie's Division I seat would be filled.

Guthrie was first elected to the seat in 2016. He sought and won re-election in 2018 and 2020.

The proceedings were the second time Guthrie had been before the Judicial Standards Commission. Guthrie was censured in 2019 by the New Mexico Supreme Court for misconduct related to a spat he had with a neighbor.

More:Otero County Judge Guthrie censured by Supreme Court for misconduct against neighbor

Jessica Onsurez can be reached at jonsurez@gannett.com, @JussGREAT on Twitter at by phone at 575-628-5531.