James Martin Censured

James T. Martin, a longtime Third Judicial District Court judge in Las Cruces, New Mexico, was publicly censured by the New Mexico Supreme Court for out-of-court conduct in a criminal assault case in which his own daughter was the alleged victim. On the day of the trial, Martin -- who had recused himself from presiding, with a visiting judge taking over -- called the assistant district attorney prosecuting the case, Samuel Rosten, and advised him to change the wording of a proposed jury instruction, specifically suggesting Rosten use the phrase "brandish a firearm" rather than "pointed a firearm" at his daughter. Martin was also censured for allowing his daughter to wait in his own chambers before she testified, and for having an inappropriate conversation with prosecutors after the defendant, Robert Burnham, was convicted of aggravated assault with a firearm -- telling the ADAs it was "a good thing he was remanded, otherwise I would've told you to go back in there and try again." Martin admitted to violating six Commission rules, creating what the Court called "an actual appearance of impropriety." He denied willful misconduct but acknowledged, in hindsight, the appearance problem his conduct created.