Albuquerque Journal from Albuquerque, New Mexico • Page 16

A16 ALBUQUERQUE JOURNAL Saturday, May 28, 1994 Dendahl Ads Rip Foe Slams Judge for Liquor License Cheney Tax Stand Jurist Presides Over DWI Cases By Mike Gallagher JOURNAL STAFF WRITER Bennie Lovato has presided over drunken-driving cases as magistrate judge in Sandoval County for the past 20 years. And for the past 10 years, he also has owned a liquor license in the same county. Lovato: "It's never been a secret" Cassidy-Baca: Voters don't know NEWMEXIC0 A life ft and Algodones Bar and Package store. "If anything were to come up, I would recuse myself," Lovato said. "I'm proud of my record as judge.

I have a clean record." Magistrate judges outside Bernalillo County don't have to be lawyers under state law, an issue Cassidy-Baca has raised in her campaign literature. She is a lawyer and Lovato is not. Lovato said he believed the liquor license issue was being raised by Cassidy-Baca in her campaign. "I'm not going to get involved in this type of politics," he said. "I'm running a clean campaign." Cassidy-Baca said she hasn't raised the issue except in conversations with individual voters.

"It's not part of my campaign literature. I'm not into a negative campaign, but I thought it was the job of the press to raise the issue," she said. She also says Lovato may have run afoul of the Code of Judicial Conduct. Under the code, judges are supposed to avoid even the "appearance of impropriety" and minimize the risk of conflicts of interests with their judicial duties. One section of the code tells judges they "shall refrain" from business and financial dealings that tend to reflect on their impartiality.

Cassidy-Baca said she believed the liquor license ownership might "It's never been a secret," Lovato said about his ownership of license No. 53, which he has leased to several different operators ELECTIONS were closed in Magistrate Court. Of that, 81 were dismissed, 71 went to nonjury 'trials and 61 ended with: plea agreements. Three were dropped before being heard by the judge. Lovato said the District Attorney's Office now prosecutes some DWI cases and fewer are dismissed as a result.

Lovato said he sensitive to drunken-driving issues because he occasionally worked in the Algodones bar when it wasn't leased. The bar and package store has hot operated since November 1993, when Lovato entered into negotiations to sell the license. Several administrative citations were filed against the license in 1990 but were dismissed in 1991. State records don't indicate why the citations were dismissed. Dur- ing the time the citations were issued, state liquor regulators had a backlog of citations that eventually were dismissed because the complaints couldn't be handled in a timely manner.

1 During the time the citations were issued, Lovato was leasing the liquor license and said he was not aware of the citations. In 1989, the bar was cited for serving a minor. The outcome of the citation could not be determined. The bar also was cited in 1989 for failing to post its hours of operation and failure to display its license. That citation was also dismissed by the State Alcohol and Gaming Division.

Between 1984 and 1989 there were no citations on record. The Division I Magistrate in Sandoval County presides over civil and criminal proceedings in an area that includes Rio Rancho, Bernalillo and Algodones. There is no Republican candidate for the position. ter, defending his 1987 vote, from former Republican Gov. Garrey Carruthers was governor at the time of the 1987 increase.

"My recollection is that you were, at best, a reluctant legislator who voted for the package only because you thought it was imperative as a Republican leader to support one of the few Republican governors ever elected in this state," Carruthers said in the letter. Some big political names also are scheduled to crop up in a new King television commercial. A new King ad, a campaign spokesman said, will feature Albuquerque Mayor Martin Chavez and former state Attorney General Paul Bardacke. Bardacke challenged King for the Democrats' 1990 nomination for governor, but this year is a supporter of his campaign for a consecutive term and a fourth term overall. Luna continued to gain support from New Mexico Indian tribes this week, picking up the endorsement of the 19-pueblo All-Indian Pueblo Council on Thursday.

Tribes have been angry with King, in part over his refusal to sign state-tribal compacts to clearly legalize high-stakes gambling on reservations. "We are confident Casey Luna will provide assistance with a better-working relationship between the tribal and state government," said a statement from Aco-ma Pueblo Gov. Reginald Pasqual. The All-Indian Pueblo Council includes non-gaming pueblos as well as some that already have gaming operations. CONTINUED FROM PAGE A1 called Dendahl's attack "an act of desperation" by a candidate trailing in the polls.

With the June 7 primary election a little over a week off, Lt. Gov. Casey Luna and Gov. Bruce King contin- "ued their TV commercial battles in the contest for the Democratic nomination. With Luna keeping up a series of TV ads criticizing a land swap between rancher-governor King, his two brothers, and the federal Bureau of Land Management, the King campaign is peppering the air- waves with ads disparaging Luna's tactics.

King, who called the Luna allega- tions "a pack of damn lies" during a 1 KKOB-AM radio show this week, launched a somewhat light-hearted TV spot on the matter Thursday night. "You know, if that kind of stuff "gets. any deeper, I'll have to finish the campaign with my boots on," King, seated in a straight-back chair, says in his new ad. Viewers familiar with King might 'be momentarily inclined to ask what else is new: The governor wears cowboy boots seven days a week. But then King crosses his legs to display a knee-high, green rubber wader.

Luna has stood by his ads on the I land swap. The only gubernatorial candi- dates staying out of the ing frays this week were Democrat Jim Baca and Republican Gary Johnson. According to statistics compiled by the Administrative Office of the Courts in Santa Fe, Lovato dismissed almost 50 percent of drunken-driving cases filed in magistrate court in between July 1991 and July 1992. Statewide Magistrate Judges averaged an 18-percent dismissal rate, according to the state DWI citation tracking system. The number of cases dismissed by Lovato dropped to 35 percent in the subsequent 12-month period.

Mike Runnels, district attorney for Sandoval, Valencia and Cibola counties, said he had no problem with the way Lovato handled DWI cases. "If there were any problems, I would know," Runnels said. "A lot of dismissals are for reasons beyond the control of the judge." Lovato said Thursday in a telephone interview from his home, "Most of the cases dismissed are due to failure of the officers to appear and prosecute the cases. Between July 1991 and July 1992, 89 DWI cases were closed in Sandoval County Magistrate Court. Forty-four were dismissed, 10 went to nonjury trials and 34 resulted in pleas.

One was dropped by prosecutors. In the 12-month period ending in July 1993, more than 200 DWI cases in the Algodones area over the past decade. "I just dont see any problem," said Lovato, who is seeking re-election to another four-year term. His opponent the June 7 Democratic primary, Margaret Cassidy-Baca, disagrees. "Most of the people I've talked to in the campaign don't know about it and are shocked that he owns a license with a drive-up window," she said.

"I think it is inevitable that he would preside over cases originating in the bar." Lovato, a magistrate since 1975, has owned the liquor license since 1984 and is in the process of selling it. He said no cases have come before him that originated at bars where the license was in use. The license at different times has been used to operate Bennie's Lounge be a violation of the provisions concerning the "appearance of impropriety" because people patronizing the bar may appear in his court. No formal complaints have been made the Judicial Standards Commission about Lovato's ownership of the license. Lovato said he sees no conflict and contends he has a strong record on DWI.

apt iiSSE, Vs-' i Former Gov. David Cargo, the fourth candidate in the GOP contest, is running a low-budget campaign with few TV ads. However, he took a verbal swipe at Johnson ear-; ly in the week, deriding Johnson's heavy reliance on personal money in the race as well as Johnson's lack of government experience. A superb addition to the American Home Furnishings family, featuring an outstanding blend of Selection, Value, and Style! Johnson is an Albuquerque businessman and political newcomer, campaigning as a whose common-sense perspective and business experience would be good for government. The Dendahl campaign also aimed a shot at Johnson earlier in the week, pointing out a striking similarity between Johnson's TV commercials and ads recently used in Utah by now-Republican U.S.

Sen. Robert Bennett. The Johnson and Bennett ads, both touting citizen service in government, were prepared by the same Utah political consultant. "We don't see how character assassination and mud-slinging have any relevance, to the issues," said Johnson's campaign manager, Kelly Ward. "I'm going to stay out of it," said Baca, a former New Mexico land commissioner who was U.S.

Bureau of Land Management director until a falling out with Interior Secretary Bruce Babbitt earlier this year. "I just think you have to talk about issues," said Baca, who's been talking and issuing papers on subjects like groundwater depletion and the need for a state planning office. Dendahl trailed Cheney, Johnson and Cargo in April and mid-May Journal polls on the GOP contest. In a recent Dendahl ad, criticizing fil 1 I I'" II If (Tfa 1 Ml hi ii. 3 1 Wx I.

ir.iTl.lllirtai.n.. Wiiriit.MMI Ilili.i.lllWnniMMi.-roail-l WOTIIItr II-lllirmrn limnrii I III 1 King as a liberal who's raised taxes, the text says Dendahl is "the conservative" candidate for governor. Now, in his latest ad, Dendahl is launching criticisms of Cheney. The ad alludes to Cheney's name change on a 1993 voter registration form: from Richard Cheney to Dick Cheney also the name of the U.S. defense secretary under President Bush.

"So what," Cheney responded. "New Mexico has a long history of statewide candidates running with the diminutive form of their first name Bill Richardson, Pete Domenici The Dendahl ad tries to raise ethical questions about Cheney but is not specific. Cheney said in response that Dendahl's implication about ethics is "an out-and-out lie." "The tax votes are factual," Cheney said, referring to his votes for a $150 million increase in 1986 and $103 million hike in 1987. "That's when the (state) oil and gas revenues had dropped through the bottom," he said. "We either had to raise taxes or cut education." Cheney on Friday produced a let- Save Up To 40 Every Day! AMERICAN HOME-FURNISHINGS GALLERIES at Fashion Square t.

merican Galleries, a unique shopping experience offering quality home Thomasville Lane CENTURY" furnishiggs at factory direct prices. You'll discover a broad selection of fabrics, finishes and styles to suit any room, featuring Thomasville, Lane, Century-Shuford Furniture plus carpeting and area rugs by Karastan. Shuford Furniture nStatfj Offr Shop Our Newest Location Today! sporfrsline 821-1800 For all ttie scores. The Journal. i San Mateo Lomas at Fashion Square Albuquerque 256-6620 Shop Saturday 9:30 am -6 pm 'Sunday Noon -5 pm Monday Memorial Day 10 AM -6 PM Tuesday thru Friday 10 am -8 pm Savings Are Off Manufacturer's Suggested Retail I OPEN AN AMERICAN CHARGE ACCOUNT rev (American Revolving Charge tlan) cfhd "RMPP (American Major Purchase Plan) have actual monthly payments that may vary depending on account balance and possible Revolving Charge 5-Pay Plan With No Finance Charge Or Major Purchase Plan down payment requirement, The sales tax may cause payment to be higher.

Minimum qualifying purchase amount for RMPP Is $1500 or $54 payment per month. O.A.C. i 1.