DEMING – The New Mexico Supreme Court has issued a censure on Deming Municipal Court Judge Frank Van Gundy, who has served as Municipal Court judge since 2006.
The high court issued the censure against Van Gundy for failing to forward an inmate’s case to the 6th Judicial District court for a competency hearing.
According to official court documents, filed December 31, 2018, Van Gundy made the decision to ignore the law and to proceed in what he erroneously believed was the only way to protect the public, or to ensure the defendant received medical treatment.
The court found that however well intended, he acted beyond his jurisdiction, his judicial power and abused his authority by failing to transfer the defendant's case to district court.
Van Gundy’s actions resulted in the inmate being incarcerated in the Luna County Detention Center from August 21st until finally being released December 31st.
The Supreme court censure stated that Van Gundy has taken responsibility for his conduct and admitted that his conduct violated the Code of Judicial Conduct.
The inmate involved had been arrested about 25 times from June 2006 through February 2016 on charges ranging from unfastened seat belts, shoplifting, trespass, battery and indecent exposure.
The high court issued the censure against Van Gundy for failing to forward an inmate’s case to the 6th Judicial District court for a competency hearing.
According to official court documents, filed December 31, 2018, Van Gundy made the decision to ignore the law and to proceed in what he erroneously believed was the only way to protect the public, or to ensure the defendant received medical treatment.
The court found that however well intended, he acted beyond his jurisdiction, his judicial power and abused his authority by failing to transfer the defendant's case to district court.
Van Gundy’s actions resulted in the inmate being incarcerated in the Luna County Detention Center from August 21st until finally being released December 31st.
The Supreme court censure stated that Van Gundy has taken responsibility for his conduct and admitted that his conduct violated the Code of Judicial Conduct.
The inmate involved had been arrested about 25 times from June 2006 through February 2016 on charges ranging from unfastened seat belts, shoplifting, trespass, battery and indecent exposure.
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