DALLAS - New Mexico Gov. Bill Richardson has asked the state's House of Representatives to begin impeachment proceedings against indicted Treasurer Robert Vigil when the Legislature convenes Thursday for a special session.
Richardson called the special session two weeks ago to identify ways to provide residents with some relief from high energy prices. On Thursday he also asked lawmakers to consider Vigil's impeachment after the New Mexico Supreme Court rejected a request to remove the elected treasurer from office while federal extortion charges are pending.
Vigil and his predecessor Michael Montoya were indicted Sept. 16 on charges of extorting almost $700,000 from a California investment adviser in return for a contract to invest the state's short-term funds. Both men have pleaded not guilty.
Richardson, Attorney General Patricia Madrid, and Vigil filed a joint petition with the court on Sept. 22 asking that the governor be allowed to appoint a temporary treasurer while Vigil took a leave of absence until the federal charges are resolved.
The court said Thursday in a 5-to-0 decision that it had no authority under the state constitution or law to remove Vigil from his elected post.
The ruling means Vigil is not required to take a paid leave during the investigation, which Richardson said means impeachment is the state's only option.
"While I respect the Supreme Court's decision, my objective was to immediately remove Mr. Vigil from the day-to-day operations of the treasurer's office to restore confidence in the management of the state's finances," Richardson said in a statement released shortly after the court ruling was announced. "Existing law did not allow for the immediate removal of Mr. Vigil, which is why the attorney general and I sought this remedy.
"Accordingly, I support the House of Representatives moving forward with impeachment," the statement continued.
Rep. Larry Larrañaga, R-Albuquerque, said he would introduce a resolution at the special session seeking Vigil's impeachment.
"I have had a resolution ready for a week," he said. "This is not based on indictments in a criminal case. That's the duty of the U.S. attorney, not the Legislature. Our job is to determine if there is malfeasance in office and violation of the public trust. If there is, then he should be impeached."
Vigil would be tried by the Senate if a bill of impeachment is approved by 36 of the 70 House members. A conviction requires support by two-thirds of the 42 senators.
Madrid said she also supports consideration by the House of impeachment to resolve the "crisis of confidence" in state government if Vigil refuses to resign.
"Since the Supreme Court has declined to grant our request for extraordinary relief, I again call upon Mr. Vigil to resign immediately," she said. "He should consider first and foremost his duty to our state, and if he does so he should recognize that his resignation is unquestionably in the state's and the public's best interest."
Sam Bregman, Vigil's attorney, said his client is still pondering his actions after the collapse of the deal with Richardson and Madrid. Legislators considering impeachment should remember that the treasurer has not been convicted of crime, he said.
"My client is still the duly elected state treasurer and, based on this decision, he will discuss this matter with counsel and will determine in the coming days exactly how much time he will be devoting to his defense and how much time he will be devoting to the state treasurer's office," Bregman said. "But when he returns and how he returns is a decision that will be made in the very near future." (c) 2005 The Bond Buyer and SourceMedia, Inc. All rights reserved. http://www.bondbuyer.com http://www.sourcemedia.com
