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| Justice Calls Decision Correct, ‘Unjust’ |
| By abqjournal.com - Barry Massey / The Associated Press |
| Published: 03/27/2012 |
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SANTA FE — The state Supreme Court has unanimously upheld a decision by former Gov. Bill Richardson’s administration to fire a prison guard arrested for drunken driving, but the court’s longest-serving member describes the outcome as “unjust” although legally correct. In an unusual display of personal views in a court ruling, Justice Patricio Serna wrote, “I cannot remain silent about something that matters and seems unfair to me.” A state Corrections Department policy, adopted in 2005 during the Richardson administration but still in place, calls for workers to submit written reports if they are arrested or convicted of drunken driving. They lose their jobs after a second offense and are suspended for at least five days for a first offense. Rudy Sais, a guard at a prison in Los Lunas, lost his job in 2008 although his DWI charges were dismissed — after his first arrest in 2006 as well as his second arrest in March 2008. During an administrative hearing to appeal his firing, Sais offered evidence of other workers who weren’t fired, despite multiple DWIs. One guard never reported his arrests — potentially as many as four — and kept his job. Serna said it was unfair that Sais was fired after following the rules. However, the full court ruled Thursday that the department had properly justified its action and why there might be differences in the treatment of some employees with drunken driving arrests or convictions. The court acknowledged “the problems inherent in a policy that rewards those who disregard its requirements, while punishing those who comply. Such a policy can easily be abused which could lead to arbitrary enforcement.” The court said the state agency “should be mindful of that potential for abuse.” Serna concurred in the court’s decision, saying “it is the duty and responsibility of a judge to adhere to the rule of law and apply it free of any personal beliefs.” But Serna, who has been on the high court since 1996, wrote a one-page opinion “to express my discomfort in that my conscience tells me the result is unjust.” Read More. |
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