The House could be asked by the end of the week to issue subpoenas for an investigation to determine whether Public Regulation Commissioner Jerome Block Jr. should be impeached for misconduct in office, lawmakers were told Tuesday.

Former prosecutor Robert Gorence, who is leading the investigation as special counsel for a House impeachment subcommittee, told the panel it probably will take at least two or three weeks to gather evidence in the case. 

Gorence said he hoped to receive some information from the commission, the Attorney General's Office and the state auditor this week, then he will ask for subpoenas. The House can issue subpoenas during its special session. 

Block, a La Puebla Democrat, is under investigation by the Attorney General's Office for possible misuse of a state-issued gasoline card. He has refused to publicly respond to the allegations and has remained in his $90,000-a-year job despite calls for his resignation, including by other members of the commission. 

Gorence was a prosecutor in the U.S. Attorney's Office in New Mexico from 1986 to 2000. Part of that time, he was the No. 2 lawyer in the office and head of its criminal division. 

Gorence stressed to lawmakers that he's not serving as a prosecutor in the impeachment investigation. A prosecutor, he said, serves as an advocate. 

"I will not be an advocate one way or the other. I will be supplying facts and will present the best legal opinions I can to all of you on the subcommittee," Gorence said in his first appearance before the panel. 

Gorence has worked as a defense lawyer in Albuquerque since leaving the U.S. Attorney's Office. 

The subcommittee will decide whether to recommend impeachment based on evidence gathered and presented by Gorence. 

Rep. Joseph Cervantes, a Las Cruces Democrat and panel co-chairman, said he hoped the work could be wrapped up by mid-November. 

Under the state constitution, a majority vote in the 70-member House would be required to impeach Block. If that were to happen, the Senate would hold a trial, and a two-thirds vote would be necessary to convict Block — permanently removing him from office. 

Rep. Eliseo Alcon, D-Milan, said a sense of urgency is needed to finish the impeachment case. 

"If I were in that hot seat, I would want to be off that hot seat one way or another as soon as possible," Alcon said of Block. "It's not a comfortable position to be in no matter how you look at it." 

Gorence promised to move quickly in the investigation but maintain a "balance of fairness." 

The subcommittee directed Gorence to send a letter to Block notifying him of the subcommittee and its investigation. 

After Tuesday's meeting, Cervantes said it's uncertain what will be requested with a subpoena, but he suggested that one target might be Block's financial records. 

Block represents PRC District 3, which includes Santa Fe and much of north-central and northeastern New Mexico. 

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



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