I am your Choice for New Mexican Values to be in our courts.
Soy su opción para que los valores Nuevos Mexicanos estén en nuestras cortes.
Dennis Montoya is running for NM Court of Appeals, Position 2
When we started this campaign it was to make sure that New Mexico values would always have a seat in our justice system.
Like you and your family, our family believes that justice is not for sale. Justice is not something that can be bought. We have always believed that justice is for everyone.
Our family comes from hardworking people that know how it is to work with your hands and heart. We also know how it is to worry about paying your bills.
New Mexico can no longer afford to experiment with the inexperienced.
I am your Choice for New Mexican values to be in our courts.
To finish the job I kneed your support and vote.
Please vote for Dennis W. Montoya on June 1 for the Democratic Primary.
Dennis W. Montoya petitions the Supreme Court of the State of New Mexico in opposition to the petition of summary suspension.
Dennis Montoya respectfully requests that the courty deny the Chief Disciplinary Counsel's Petition for Summary Suspension and Motion for Order to Show Cause ("Petition") insofar as Discplinary Council has failed to show a "substantial probability of harm, damage or loss to the public" and insofar as Mr. Montoya, as a matter of due process, should have the opportunity to rebut the allegations...click here to read more.
A MEMORIAL DAY MESSAGE FROM DENNIS W. MONTOYA
Just as Monday, May 31st, 2010, is the day we remember those who served and fell, Tuesday June 1st, 2010, is the prize they preserved for us. I would like to remind everyone that, for people of color in the United States, military service has been the door to civil rights. Our civil rights are being tested and tried in this Primary Election.
Let us all honor the memory well of those who serve. Do not let anyone, whether you felt it from my campaign or the campaign of any others in these recent primary elections, Democrat or Republican, sway you away from the right that those who served fought to win and preserve, your right to vote in a democratic election. Honor them and exercise this right fully on June 1st by participating in the Primary Elections here in New Mexico – vote for the candidate of your choice.
I will join you in remembering those who served and are no longer with us, including my father, Ferdinando F. Montoya, and my mother, Katherine E. Montoya, and my brother, Ferdinando “Pete” Montoya, (“Junior”). And to those who served and are still with us - “Welcome Home”. To my legal assistant Julie Schobey, who served in the National Guard in the 1990s, my brother-in-law, Henry D. Torres, Vietnam Combat Veteran, 1967-1969, by brother-in-law Joe Sanchez, Vietnam Veteran, 1967-1969 (U.S. Army), my brother-in-law David Torres, U.S. Army, 1977-1980, and Santiago E. Juarez, (my Chief Campaign Adviser) U.S. Army, 1964-1967. I know they will remember well those with whom they served.
Sinceramente,
Dennis W. Montoya
Candidate for Position #2, New Mexico Court of Appeals
LULAC-NewMexico, League of United Latin American Citizen’s
calls for immediate investigation of potential “dirty tricks” in race
for Courtof Appeals
FOR IMMEDIATE RELEASE
The New Mexico State Council of United Latin American Citizens today called upon the
Attorney General of the State of New Mexico, Gary King, and his State Federal counterpart, United States Attorney Kenneth J. Gonzales, for an immediate investigation of potential “dirty tricks” and abuse of the judicial system in the judicial contest for the New Mexico Court of Appeals, Position #2, involving candidate Dennis W. Montoya.
Council Deputy Director Phillip Archuleta cited irregularities in the process of recent “disciplinary complaints” filed by New Mexico Chief Disciplinary Counsel Virginia Ferarra.
We are asking for an investigation into whether Ferarra is using her official position to smear a candidate opposing Judge Linda Vanzi.
It is no secret that Dennis W. Montoya faces several ethics charges as the result of a complaint filed with the ethics board by Linda Vanzi—Mr. Montoya’s opponent in the primary election for Court of Appeals, Position 2. What has not been reported about yet is the fact that those charges are just that—accusations. So far, no one has taken the time to report on the underlying allegations. This release will make an effort to explain, in commonsense terms, why the allegations against Mr. Montoya are in most cases unfounded and in all cases the results of miscommunication.
Accusation Number One: Dennis W. Montoya gave money to a “ girlfriend” of a decedent that belonged to the deceased’s son.
Many people in this State know that New Mexico does not recognize common-law marriages. In other words, no matter how long a couple might live together in this State they are never assumed to be married. Less well understood is the fact that New Mexico, like all States, must recognize marriages formed outside of New Mexico if the couple then moves into the State. In the case of Tresa Kosec and Cody Utley, deceased, the couple lived in Utah for a sufficient time to form a common-law marriage. However, Utah law is a little complicated. If one member of the couple passes away, Utah requires that the relationship be “solemnized.” Solemnization is a process by which a judge in any state can sign an order stating that the couple were husband and wife. In this case, a probate judge in Farmington signed such an order. However the Judge in the case, determined that the marriage was not sufficiently solemnized.
Whether the marriage was sufficiently solemnized remains disputed in the Court. However, it is clear from the Court record that Mr. Montoya did not simply make up the idea that Tresa Kosec was the lawful wife of Cody Utley. It has also not been reported in stories about the allegations against Dennis W. Montoya that initially Tresa Kosec simply informed her lawyers that Cody Utley was her husband. It was not until the lawyers began to work on her case that it was discovered that Ms. Kosec was simply assuming that she was married under the common-law of Utah.
The Judge also accused Mr. Montoya of failing to make sure that Cody Utley’s young son got the portion of the proceeds to which he was entitled. In fact a great deal of effort has been put into claiming that Mr. Montoya deliberately robbed the young child. Nothing could be further from the truth.
The truth is: if the Court is right and the judge’s order in Farmington was not sufficient to establish that Tresa Kosec and Cody Utley were married then the bulk of the money that Dennis W. Montoya got from the people who caused Cody Utley’s death should go to Mr. Utley’s child. The fact is that the money that was paid out to Ms. Kosec by the tire seller and the worker’s compensation court- $100,000 and $55,000 is small in comparison to the $325,000 that the Court put in its “registry” and that will later be distributed to the parties (Ms. Kosec and her son). Even if the proper distribution of the two prior settlements was 90% to the young man, there was plenty of money in the final settlement to insure that the young man got his share. No one tried to hide the amounts paid out. Certainly no one hid the fact that the money received from the previous settlements was paid directly to Ms. Kosec.
Whether or not Ms. Kosec did the best she could with the money does not change the fact that she was the sole caretaker for two small children after her common law husband was killed. Cody Utley’s child needed a place to live and a vehicle to be transported in. He needed to have electricity, running water, and all of the rest of life’s basics. And, again, whatever portion of the two smaller settlements might have been spent on caring for him and his sister that should have been saved could have been and still easily can be made up out of the settlement that Dennis W. Montoya secured against Firestone for more than half a million dollars.
Accusation Number Two: Dennis W. Montoya had fee agreements for 40% and 33 1/3% and Ms. Kosec did not understand them.
This accusation is always presented in such a manner as to make Dennis W. Montoya appear to have tried to trick his client. In reality, the fact is that there was some confusion during the execution of the fee agreements. When it was brought to his attention that there was confusion, Mr. Montoya informed the Court on the record and the pleading is available to any member of the public that he only expected to receive one-third, which is the standard contingency fee nationwide. Mr. Montoya solved the problem by reducing his fee request to the amount that everyone admits is standard and everyone admits they were aware of. The fee agreements could have been drawn up better, to be sure, but the fact is that no one lost any money.
Ignoring the work done by Mr. Montoya
Not once has anyone reported on the outstanding work that Mr. Montoya and his firm did in prosecuting the case. The case against Firestone involved, for Firestone, at least three law firms in three states, including Keleher & McCleod here in New Mexico. For Ms. Kosec and her son, Dennis W. Montoya worked alone through the many years of litigation required to reach a settlement. Indeed, Judge Vanzi found that the settlement amount was acceptable. Although the percentage of the award that Mr. Montoya may be entitled to has been reported on, the size of the award itself should say something about the quality of work that he did. Not every case in this state results in a settlement of more than half a million dollars. Mr. Montoya took a case that had been turned down by at least one other attorney, worked on it for years, and secured a great deal of money as a result of the loss. No one works for free and Mr. Montoya expected to be paid for his time, although so far payment for the services Dennis W. Montoya provided have been ignored.
[Press Release]
Montoya to Conduct First Statewide Publicly Financed Race in New Mexico
For Information Contact: Santiago Juarez, 505-927-2734
Dennis W. Montoya is the first candidate in New Mexico history to run a statewide campaign under the public financing laws of the state of New Mexico. In order to qualify, Mr. Montoya had to garner five dollar contributions from a 1,123 voters. He did it.
In 2008 the State passed a bill to provide for public financing for candidates running for judicial offices. Mr. Montoya, a native New Mexican and practicing attorney in Albuquerque, is the only judicial candidate who has been willing to campaign with public financing.
Earlier in the decade, people in New Mexico decided that they would work to get private-money influence out of public office. Their hard-fought battle resulted in public financing for the Public Regulation Commission. Later, voters in Albuquerque adopted public financing for city elections
On March 16th, 2010 Mr. Montoya, his family and supporters walked in to the office of the Secretary of State with a load of papers and a ton of hope. He submitted over 1400 qualifying contributions of $5 each.
“New Mexico has been subject recently to a number of criminal indictments and claims of ethical violations on the part of some of the highest appointed and elected officials in the State. The buzz word has been “pay to play”, which in lay terms basically means that folks will parlay their political contributions into a benefit for them or their companies, especially when these donations are considerable,” according to Mr. Montoya.
Mr. Montoya continued, “Now we will see if the voters of New Mexico will be receptive to the idea of having their Judges elected in a manner where how much money you have raised is not the issue . Or, will they be influenced by those who continue to believe that “money talks” and those who don’t have it can walk. “
