Santa Fe – The state Supreme Court on Thursday rejected a request from Gov. Bill Richardson that would have allowed state Treasurer Robert Vigil to temporarily step down with pay and have a gubernatorial appointee run the office.
The court’s ruling could increase political pressure on the Legislature to start impeachment proceedings against Vigil during a special session that starts next week.
In its unanimous ruling, the court said that it “lacks the authority under the Constitution and law of New Mexico” to consider the request filed by the governor and Attorney General Patricia Madrid.
“It has long been an established principle of our law that courts do not issue advisory opinions. Yet that is exactly what this petition appears to request. The parties have reached an agreement and do not set forth a justiciable dispute requiring resolution by this court,” the justices said in a four-page order. “Consistent with the judicial restraint imposed on this court by law, we cannot review this matter.”
Vigil and his predecessor, Michael Montoya, have been charged with extortion in a federal investigation into kickbacks involving millions of dollars in state investments by the treasurer’s office during the past decade. Vigil and Montoya have pleaded not guilty.
If convicted, they each could face up to 40 years in prison.
After the court issued its ruling, Richardson reiterated that he will support the Legislature starting impeachment.
“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.
