Appeal delays Murphy trial

From NM Politics.net - by Heath Haussamen - Third Judicial District Judge Mike Murphy’s bribery trial had been scheduled for early February, but a judge has put the case on hold while the Court of Appeals considers whether to reinstate a misdemeanor charge. In September, Judge Leslie Smith dropped the misdemeanor charge of violating the Governmental Conduct Act. The act states that it is a misdemeanor punishable by up to one year in prison and a fine of up to $1,000. But Smith ruled that the portion under which Murphy is charged is not a criminal statute because it is too vague to make clear what conduct it prohibits. Special prosecutor Matt Chandler has appealed, arguing that the Legislature intended that the statute, which requires that a public officer “conduct himself in a manner that justifies the confidence placed in him by the people, at all times maintaining the integrity and discharging ethically the high responsibilities of public service,” be punishable with prison time and a fine. The Court of Appeals is currently considering the issue. In November, Smith put the trial on hold pending the appellate court’s decision. Read more

Appeal delays Murphy trial