Judge indicted on voter fraud charges
By Jose L. Medina/Sun-News reporter
Article Launched: 05/30/2008 12:00:00 AM MDT


Horacio Favela

LAS CRUCES — Sunland Park's municipal judge has been hit with more charges stemming from allegations that he voted twice in the last presidential election and fraudulently ran for the bench.

A grand jury on Thursday indicted Horacio Favela, 48, on six felony counts, including false voting, falsifying election documents and falsely swearing in a municipal election.

He had previously faced only one count. All six counts are fourth-degree felonies and carry a total maximum penalty of nine years in prison.

Favela has yet to hear a single case. He was elected in early March — despite being charged days earlier — and was sworn in but was subsequently barred from taking the bench by the New Mexico Supreme Court.

The high court's unpaid suspension is temporary pending the outcome of Favela's criminal case.

Favela pleaded not guilty to the allegations in magistrate court. He will be arraigned on the new charges in state district court in Las Cruces next month. He has not been arrested.

"We're disappointed but we'll defend the charges," said Favela's attorney, Joe Arrieta of Las Cruces.

"At the end of the day, it's all political," Arrieta added. He charged that more charges were added in an effort to pressure his client to change his plea. Favela won't do that, he said.

Favela was first charged on Feb. 29 with a lone count of false voting.

Court documents charge that Favela voted twice in the 2004 presidential election, once in El Paso County and also in Dona Ana County. Both votes were allegedly cast by absentee ballot.

The documents also state Favela did not live in Sunland Park when he filed to run for the bench. The address listed on his candidacy formed was later found to be a trailer with it's door labeled "Office" and attached to a tortilla business in which Favela is a partner.

It's alleged Favela's residence is in El Paso.

Favela allegedly told investigators he does own a home in El Paso but had separated from his wife and had moved to Sunland Park.

Favela said he stayed in the El Paso home on the weekends to visit his grandchildren and did recall voting twice in 2004.

Despite the allegations, Favela went ahead with his swearing-in ceremony, which is the basis for one of the charges.

Arrieta took issued with the swearing-in charge.

"It's an administrative thing. It's not a crime," he said.

Sunland Park's municipal judge hears an average of about 3,000 cases a year and draws an annual salary of $21,000.

Judge Pro Tem Rose Caramillo has presided over Sunland Park's court during Favela's absence.


Jose Medina can be reached at jmedina@lcsun-news.com

http://www.lcsun-news.com/news/ci_9422063