Panel on Block Jr. launches probe
Martinez expected to OK $1 million for possible impeachment proceedings

Steve Terrell | The New Mexican
Posted: Thursday, September 08, 2011
- 9/9/11
     
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Memories of former state Treasurer Robert Vigil seemed to float over the first meeting Thursday of a legislative panel looking into the possible impeachment of Public Regulation Commissioner Jerome Block Jr. for alleged misconduct in office.

The Vigil panel was formed in 2005 during an autumn special session of the Legislature as a subcommittee of the House Rules and Orders of Business Committee.The House is taking a similar approach to investigating the allegations against Block.

Rep. Joseph Cervantes, D-Las Cruces — a co-chairman of the current panel and a member of the Vigil subcommittee — and others said the earlier panel is a good template to follow for the Block investigation.

Vigil, who eventually was convicted of a federal corruption charge, was spared impeachment by resigning before that panel could vote to recommend charges. No state official has been impeached since New Mexico became a state.

The earlier panel hired a lawyer — former Supreme Court Justice Paul Kennedy of Albuquerque — to serve as legal counsel for the process, gather evidence and interview witnesses. The Block panel voted Thursday to allow Cervantes and co-chairman Rep. Zach Cook, R-Ruidoso, to work with the Legislative Council to hire a lawyer.

Contacted Thursday, Kennedy said he couldn't comment on whether he'll take the job with the Block subcommittee.

In addition to Cervantes, three other members of the Block panel served on the Vigil subcommittee: Reps. Debbie Rodella, D-Española, Larry Larranaga, R-Albuquerque, and Anna Crook, R-Clovis.

The panel agreed to meet Tuesdays and Thursdays during the special session and likely beyond. The Legislature's investigation of Vigil lasted longer than the 2005 special session, but took less than a month. The new panel hasn't established a timetable for its work, though Cervantes said one will be presented possibly next week.

Cervantes and others noted the allegations against Vigil were far more grave than those against Block. As state treasurer, Vigil's actions could have affected billions of dollars in state investments.

Block is being investigated by the state Attorney General's Office for possible misuse of a state government gasoline card and driving a state vehicle while his driver's license was suspended. Despite bipartisan calls for his resignation and the looming impeachment process, he has said he will not resign before his term ends at the end of next year.

Later Thursday morning, the Senate approved the "Feed Bill," which funds the special session and provides as much as $1 million for possible impeachment proceedings. The bill, which previously was approved by the House, now goes to Gov. Susana Martinez for signature. She is expected to sign it.

Although the process of impeaching a state official is not the same as a criminal trial, legislators on the panel must be strict in maintaining fairness as their investigation unfolds in order to make certain Block's rights aren't violated.

The panel also must avoid any appearance of partisanship if it is to deflect legal challenges from Block.

"If we're not respectful to people's rights and a fair process, impeachment can be relegated to nothing more than a political witch hunt," said Rep. Al Park, D-Albuquerque, one of the members of the impeachment panel, at the group's first meeting Thursday.

Cervantes recalled that in 2005, Vigil's lawyer, Sam Bregman of Albuquerque, was very "aggressive" with the panel. During the panel's final meeting, Bregman stormed out of the committee room when he was told he couldn't speak. Members didn't want Bregman speaking because Vigil had refused to give a deposition to the committee.

Two former members of the Vigil subcommittee, Larranaga and Sen. Peter Wirth, D-Santa Fe, who was in the House in 2005, agreed that fairness and nonpartisanship were extremely important. Both said the 2005 subcommittee lived up to those goals.

"It was a very fair process, and it set up the bipartisan composition of five [Democrats] and five [Republicans], which is very important," Wirth said.

Block represents PRC District 3, which includes Santa Fe and much of Northern New Mexico. The PRC regulates utilities, insurance, telecommunications and transportation companies. Block hasn't said whether he'll run for re-election.

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com. Read his political blog at roundhouseroundup.com.





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