In July 2023, the New Mexico Supreme Court (NMSC) disbarred a respected New Mexico attorney, Mr. Victor Marshall, for raising a valid judicial conflict in one of his cases. (“The Matter of Victor R. Marshall,” NM Docket No. S-1-SC-37698).
In summary, the NMSC disbarred Mr. Marshall for complaining about a judge presiding over, and ruling in favor of the Navajo Nation, despite the same judge having lived and worked on the Navajo Nation, a clear violation of judicial conflict of ethics rules. The disbarment of Mr. Marshall by the NMSC was dishonest and dishonorable. Also, it will likely have a chilling effect on judicial accountability in the state. Moreover, it shows the increasing political corruption of the NMSC.
Part one explores judicial ethics basics. Part two provides background information on the case. This part, part three, explains the conflict of interest between Judge Wechsler and the Navajo Nation.
1. Judge Wechsler lived and worked on the Navajo Nation.
According to his own resume, Judge Wechsler lived and worked in Crownpoint, New Mexico, from November 1970 to July 1973. Crownpoint is a small rural community in Northern New Mexico. Crownpoint is located on the Navajo Navajo nation and was founded in 1912 as an administrative hub for the Navajo Nation.
The document below is from official court records.
2. Judge Wechsler worked as an attorney for “DNA People’s Legal Services,” a non-profit closely related to the Navajo Nation.
While living and working on the Navajo Nation, Judge Wechsler worked as an attorney for “DNA People’s Legal Services.” DNA is a non-profit organization that provides legal aid to native americans, as well promoting tribal sovereignty for the Navajo Nation. In Mr. Marshall’s case, the NMSC disingenuously downplayed the connection between DNA and the Navajo Nation, because technically, on paper, DNA is an independent legal organization. In reality and in fact, even according to Google AI, DNA as a legal organization is “closely related to and deeply integrated with the Navajo Nation…”
3. DNA People Legal Services was already exploring water litigation as “absolutely vital” to the Navajo Nation, when Judge Wechsler worked there.
Although Judge Wechsler denied working on water litigation while an attorney for DNA People’s Legal Services, DNA newsletters from around the time Judge Wechsler was working on Crowpoint evidence, unequivocally, that water litigation was already very much on the map for the Navajo Nation, decades before Judge Wechsler would award Navajo Nation a staggering amount of water rights.
The document below is from official court records.
Conclusion
The disbarment of Mr. Marshall by the NMSC was dishonest and dishonorable. Also, it will likely have a chilling effect on judicial accountability in the state. Moreover, it shows the increasing political corruption of the NMSC.
