A state district judge on Monday dismissed half the criminal charges against state Public Regulation Commissioner Jerome Block Jr. and his father, Jerome Block Sr., ruling that the New Mexico Attorney General's Office overstepped its authority.

Some felony charges remain against both Blocks, although those counts are in limbo while the Attorney General's Office appeals Monday's ruling to the state Court of Appeals, according to statements made in court Monday.

"We believe the judge made the legally and constitutionally correct choice," Cammie Nichols, an attorney for the younger Block, said of the dismissal of charges related to election laws that provide public funding for PRC campaigns and require reports on how campaign money is spent.

Assistant Attorney General Chris Lackmann declined to comment.

Block Jr. got in trouble during his 2008 campaign when he admitted lying about a $2,500 campaign expense. He first said he gave the money — which came from public campaign funds — to a band that performed at a May 2008 rally. He later changed his story and admitted to lying after two band members said the performance never happened.

Jerome Block Sr., who prepared his son's campaign finance reports, was charged with helping his son commit the violations.

The Secretary of State's Office investigated Block Jr. and fined him $21,700 just before the November election, in which Block Jr. won his seat on the state regulatory body.

District Judge Michael Vigil on Monday dismissed the election-related charges based on statutory and double jeopardy grounds. He ruled that the Voter Action Act gives the secretary of state authority to decide between imposing a civil penalty or referring a case to the attorney general for prosecution. Both civil and criminal penalties are not allowed, he said.

The Attorney General's Office has argued that a decision by the secretary of state shouldn't limit the attorney general's authority to prosecute.

However, the judge wrote in his order that giving the secretary of state authority to decide how a violator should be punished under the statute keeps the decision in the hands of the state official who is charged not only with overseeing state elections but also implementing the Voter Action Act itself.

The Legislature's language also might have been chosen to "preclude opportunities for an attorney general to reach out and pursue criminal prosecution of a candidate for political motives," the judge wrote.

"In other words, the system the Legislature established creates a sort of checks and balances between two politically-elected officials on the effect either can have on another candidate's election efforts," the order states.

A grand jury last year indicted the Blocks on both felony and misdemeanor charges under the Voter Action Act and the Campaign Reporting Act. However, Lackmann told Vigil on Monday that the Attorney General's Office wouldn't pursue a misdemeanor-only case under the Campaign Reporting Act.

Block Jr. still faces two counts of embezzlement and one count each of conspiracy and tampering with evidence. His father, a former PRC member, faces one count each of conspiracy and tampering with evidence. Prosecutors haven't yet detailed the evidence behind those charges, which must be done before the case is appealed, Vigil ruled.

Nichols said she will likely renew her double jeopardy arguments when prosecutors detail the evidence behind those charges.

Contact Jason Auslander at 986-3076 or jauslander@sfnewmexican.com.