The state Court of Appeals on Tuesday, Aug. 2, reinstated criminal charges against Public Regulation Commissioner Jerome Block Jr. for alleged misuse of public campaign funds in 2008.

The court also reinstated charges against Block's father, Jerome Block Sr., who is a former member of the regulatory agency.

In a 3-0 decision, the court said Attorney General Gary King's office had the power to bring charges against Block and his father even though the secretary of state had not referred the case for prosecution. The secretary of state administers New Mexico's campaign-finance and election laws.

The younger Block is a Democrat who was elected to the commission in 2008 from a Northern New Mexico district. He ran into trouble with the secretary of state and paid more than $21,000 in penalties for lying on a campaign-finance report and misusing public funds.

The elder Block faced charges because he had helped prepare his son's campaign-finance reports. He said in a telephone interview that he hadn't seen the court's ruling and would consult with his lawyer before deciding what to do. One option is to ask the state Supreme Court to review the case.

The District Court last year tossed out charges against the Blocks for alleged election-law violations, but the Court of Appeals overturned that decision.

District Judge Michael Vigil had concluded the secretary of state could impose fines or refer cases for criminal prosecution, but not both.

The Appeals Court disagreed, saying the secretary of state's civil penalty "is not considered punishment for double jeopardy purposes and, thus, it does not preclude subsequent criminal prosecution for the same conduct against which the civil penalty was assessed."

A lawyer for PRC member Block was out of the office and did not immediately return a message seeking comment. The younger Block also did not immediately reply to an email seeking comment.

A spokesman for King said the Attorney General's Office was reviewing the ruling and had no immediate comment.

The younger Block is up for re-election next year but hasn't announced whether he will seek another term. He participated in the state's voluntary public-financing system when he ran for the $90,000-a-year position on the commission.

On a campaign-finance report in 2008, Block listed a payment of $2,500 to a band for entertainment at a political rally. The performance never happened, although Block repeatedly insisted it did. He eventually admitted he had lied and was fined.

The secretary of state also fined Block because he improperly used part of his public campaign money to make a political donation to help defray then-Sen. Hillary Rodham Clinton's presidential campaign debt.

Although the District Court dismissed charges for violating election laws, the judge left in place other charges against both Blocks, including embezzlement, evidence tampering and conspiracy by the younger Block. The criminal prosecutions were put on hold until appeals were resolved.

The five-member PRC regulates utilities, telecommunications, motor carriers and insurance.



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