The exodus of judges from state Sen. Richard Martinez’s drunken-driving case continues.
On Friday, court records show, Martinez’s attorney, David Foster, excused state First Judicial District Judge Mary Marlowe Sommer of Santa Fe, following prosecutors’ dismissal Monday of District Judge Jason Lidyard of Rio Arriba County.
Both sides are allowed by law to preemptively excuse a judge without cause, according to Matt Baca, a spokesman for the state Attorney General’s Office, which is prosecuting the case.
Martinez, D-Española, was charged June 28 with aggravated DWI and reckless driving. Police say he rear-ended a Jeep with his Mercedes SUV at an Española intersection.
The 66-year-old senator refused a breath-alcohol test and failed field sobriety tests, police said, and he admitted he had been drinking.
Three county magistrates, as well as District Attorney Marco Serna, also have recused themselves from Martinez’s case.
According to court records, the case is scheduled for a pretrial conference Sept. 26 and jury selection Dec. 3.