Friday, August 13, 2010

New Judge In Electric Co-op Case

By John Severance

SOCORRO – Another judge has been recused and another judge has been reassigned in the Socorro Electric Cooperative’s lawsuit against unnamed member/owners, member Charlene West, the Mountain Mail, et. al.
Last week, attorney Lee Deschamps, on behalf of client Charlie Wagner, recused William Sanchez.
Two weeks ago, Deschamps, on behalf of West, recused Valencia County judge John W. Pope.
In the meantime, Sandoval County judge George Eichwald has been assigned the case.
The change of venue hearing for Aug. 10 at the Valencia County Courthouse in Los Lunas was postponed.
Socorro attorneys Thomas A. Fitch and Polly Ann Tausch had filed a motion to request a change of venue and and Pope was to hear the case.
No hearing has been scheduled.
When asked if the hearing was still on, Fitch said, “I don’t know.”
Deschamps, meanwhile, made an entries of appearance for West, Charlie and Charlene Wagner of Magdalena and Alvin Hickox of San Antonio.
Socorro attorney John Gerbracht made a limited entry of appearance and made a motion to quash the service by publication.
Co-op attorney Dennis Francish responded to Fitch’s and Tausch’s motion as well as Gerbracht with a motion of his own.
In a six-page motion, Francish made his legal arguments concerning:
1. This Court has proper personal jurisdiction over defendants.
2. Venue is proper in Valencia County’s 13th Judicial District.
3. Both process and service of process were proper.
4. Defendants have not brought a proper claim for dismissal under Rule 1-0012(B)(6),
In conclusion, Francish wrote that each of the defenses contained in the entry of special appearance must fail and requests the defendant file an answer within 10 days from the date of the denial of the defenses.
Also, a special meeting of the trustees was called for Friday, Aug. 13 at 5:30 p.m. The only item on the agenda was personnel matters, which would be talked about in executive session.
Since the meeting will be held in executive session, it is unlikely the public will be allowed to attend.
And in the co-op’s other lawsuit against West, William A. Sanchez of Valencia County has been assisgned as the new judge in the case.
Last month, judges Matthew Reynolds, Edmund Kase and Kevin Sweazea were all recused.

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