AG Torrez Petitions Supreme Court for DA Martin's Removal

AG: New Mexico Press Releases

Filed August 18th, 2025

Detected March 21st, 2026

Summary

New Mexico Attorney General Raúl Torrez has petitioned the New Mexico Supreme Court to consider the removal of Eleventh Judicial District Attorney Bernadine Martin. The petition cites repeated failures to discharge duties, including a hostile workplace, failure to prepare witnesses, procurement violations, improper reliance on contract attorneys, and engaging in private practice.

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What changed

New Mexico Attorney General Raúl Torrez has filed a petition with the New Mexico Supreme Court seeking the removal of Eleventh Judicial District Attorney Bernadine Martin. The petition, filed on August 18, 2025, details numerous alleged failures by DA Martin to fulfill her official duties. These include fostering a hostile work environment leading to staff departures, consistent failure to prepare witnesses for court, ongoing procurement law violations despite a prior settlement, improper reliance on contract attorneys, and engaging in private legal practice while in office, which state law prohibits.

The Supreme Court has original jurisdiction over removal proceedings. The AG's office is requesting that the Court review the evidence and testimony presented in the petition to determine whether DA Martin should be removed from her position. This action is a significant step taken after an investigation by the NMDOJ and a prior request from the Governor, aiming to ensure the integrity of the justice system in McKinley County. Regulated entities, particularly legal professionals and government officials, should note the serious consequences of professional misconduct and violations of state law regarding public office.

What to do next

Monitor New Mexico Supreme Court proceedings regarding the removal petition.
Review state laws regarding conflicts of interest and private practice for public officials.

Penalties

Removal from office

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Attorney General Raúl Torrez Petitions New Mexico Supreme Court to Consider Removal of Eleventh Judicial District Attorney Bernadine Martin

August 18, 2025

Santa Fe, NM – Today, Attorney General Raúl Torrez filed a petition with the New Mexico Supreme Court to consider removal of Eleventh Judicial District Attorney Bernadine Martin. The filing follows a request from Governor Michelle Lujan Grisham earlier this summer and is based on the results of a detailed investigation conducted by the New Mexico Department of Justice (NMDOJ).

“This is an extraordinary step, but it is necessary to protect the integrity of the justice system,” said Attorney General Raúl Torrez. “The people of McKinley County deserve a district attorney who can fulfill the responsibilities of the office. It is now up to the Supreme Court to review the evidence and determine whether Ms. Martin should remain in that role.”

The petition outlines evidence that District Attorney Martin has repeatedly failed, neglected, or refused to discharge the duties of her office. Specific findings include:

Hostile workplace environment: Numerous employees and former staff reported persistent yelling, belittling, and retaliation that contributed to the departure of all assistant district attorneys.
Failure to prepare or subpoena witnesses: Law enforcement leaders in McKinley County described repeated failures to prepare officers for testimony or to issue timely subpoenas, leading to dismissed cases and strained relationships with police and sheriff’s departments.
Violations of procurement law: Despite a prior settlement with the State Ethics Commission, the petition details ongoing procurement violations, including unauthorized contracts, improper use of state funds, and direction to staff to backdate or falsify documents.
Improper reliance on contract attorneys: The office currently operates without assistant district attorneys and instead depends on contract attorneys whose legal authority to act is questionable and whose outside work creates conflicts of interest.
Private law practice: While serving as District Attorney, Ms. Martin has also engaged in private legal practice in violation of state law, which independently constitutes grounds for removal. Under state law, the Supreme Court has original jurisdiction over removal proceedings. The writ is requesting that the Court review the petition, consider testimony and evidence, and make the final determination.

Filed Petition