Nader for President Press Release
FOR IMMEDIATE RELEASE
September 18, 2004
For Further Information:
Kevin Zeese
Judges Undisclosed Conflict of Interest
Undermines Legitimacy of Ruling Keeping Nader Off New Mexico Ballot
Judge Was Major Donor to Kerry Campaign –
Failed to Disclose Conflict of Interest and Should Have Recused Herself
New Mexico State Supreme Court Expedited Appeal to Be Filed Monday
Morning
Washington, DC: The Independent Campaign of Ralph Nader and
Peter Miguel Camejo described as “outrageous” the failure of Judge
Wendy York to recuse herself from a case in which she was
partisan. At a minimum she should have disclosed that she was a
$1,000 contributor to the Kerry presidential campaign rather than
keeping such information secret.
“A judge deciding a case involving a campaign directly related to a
candidate she supports and funds has an obvious conflict of
interest. Any decision she makes that benefits her candidate has
no legitimacy,” said Ralph Nader. “Sadly, her decision ignores
tens of thousands of New Mexican voters who signed petitions to place
Nader-Camejo on the ballot. The New Mexico State Supreme Court
will have an opportunity to undo this injustice.”
The Nader-Camejo campaign will be filing an expedited appeal on Monday
morning. New Mexico law requires that such appeals be heard within five
days. The campaign submitted 31,400 signatures, New Mexico law requires
14,527.
The failure of the district court judge to disclose in open court a
potential conflict of interest –that she had donated $1000 to the Kerry
campaign – and either recuse herself or give the parties the
opportunity to waive the conflict of interest violates legal ethics.
The New Mexico Judicial Code of Ethics requires recusal in a proceeding
in which the judge's impartiality might reasonably be questioned.
Obviously deciding an election case in which a candidate she donated to
is directly affected creates at a minimum an appearance of impropriety
and a clear conflict of interest.
Judge York’s conflict of interest undermines the integrity of her
decision to exclude Nader-Camejo from the ballot and explains what is
otherwise an inexplicable decision. Since the advent of
government-printed ballots in 1889, 61 out of the 62 non-major party
candidates for president have appeared on multiple party lines or as
independents combined with multiple part lines. Under Judge York’s
decision none of these candidates could have run for office in New
Mexico. Her conflict-laden decision undermines the public’s confidence
in the judicial system and in the legitimacy of the election.