The New Mexico Supreme Court has issued a 30-day notice to McKinley County District Attorney Bernadine Martin, requiring a response to a petition filed by Attorney General Raúl Torrez seeking her removal from office, according to a statement released by the court and reported by KOAT.
The petition, filed by Torrez, alleges “misconduct and malfeasance and incompetence” within the District Attorney’s office in Gallup, New Mexico. If Martin fails to respond within the allotted timeframe, the court may proceed with her removal, according to the court’s notice.
The move follows a period of scrutiny surrounding Martin’s performance. KRQE News reported on ongoing “dysfunction” within the office. Residents of McKinley County re-elected Martin in the recent primary election, despite these concerns, as reported by KOB. The election results, however, have not halted the Attorney General’s pursuit of her removal.
One case drawing particular attention involves truck driver Paramveer Singh, who was involved in a 2020 collision on I-40 that resulted in the deaths of Kim Cloud and Mike Rathbun. Dan McCormick, the son of Kim Cloud, has publicly expressed dissatisfaction with Martin’s handling of the case, stating that it appeared to stall under her leadership. The New Mexico Department of Justice has since taken over prosecution of the Singh case, and has stated it will not return it to Martin’s office, according to KOB.
The Attorney General’s petition stems, in part, from concerns raised by state lawmakers during the consideration of the $10.8 billion budget bill signed into law in April, as reported by KOAT. The budget bill included provisions related to the performance of the McKinley County District Attorney’s office.
Martin’s office has previously defended itself against criticisms of low prosecution rates and high caseloads. She was adamant about keeping her job, according to KOB, and will necessitate to provide a written response to the Supreme Court justices explaining why she should remain in office and refuting the allegations made by the Attorney General.
The District Attorney’s office is located at 201 West Hill Ave., Suite 100, Gallup, NM 87301, and can be reached at (505) 722-2281, according to the New Mexico District Attorney’s website.
The New Mexico Supreme Court has scheduled a response deadline of March 26, 2026, according to the court’s notice.
