
That’s according to state District Judge Douglas Driggers of Las Cruces, who made the finding in a May 1st court order appointing the public defender’s office to represent Francesca Estevez as prosecutors pursue alleged violations of the Government Misconduct Act against her.
New Mexico In Depth, a nonpartisan news organization, reports the judge didn’t ask Estevez for any proof that she is “indigent,” despite her earning $120,000 a year as district attorney for Luna, Grant, and Hidalgo counties.
Bennet Baur, the state’s chief public defender, described the move as “concerning” and questioned whether Estevez would qualify for the public defender’s services given her salary.
Baur said a public defender’s job is to represent poor people – people who can’t afford an attorney – and that those who can afford an attorney should hire one.
Estevez faced a series of charges stemming from a June 2016 incident in which she allegedly intimidated Silver City police out of investigating her for drunken driving. She eventually pleaded guilty to reckless driving and disorderly conduct, but Driggers dismissed counts alleging she had abused her position during and after the incident.
The AG’s office appealed the dismissal of one count alleging Estevez had violated a law governing “ethical principles of public service;” that’s what kept the case alive and eventually led to Driggers’ order in May.