Bernadine Martin, the embattled district attorney for McKinley County, announced her resignation Thursday, just days before the state Supreme Court was slated to consider a petition by Attorney General Raúl Torrez to remove her from office.
The Supreme Court accepted a settlement between the New Mexico Department of Justice and Martin, according to court filings Thursday afternoon, and dismissed the case.
Torrez filed the petition in August, which alleged an investigation had revealed that Martin’s office had failed to prepare prosecutions or subpoena witnesses; violated state procurement laws; inappropriately relied on contract attorneys; and fostered a hostile work environment. Torrez also alleged Martin illegally continued to work in a private law practice while serving as DA.
In a statement announcing her resignation obtained by Source NM, Martin thanked voters for their support and also defended her record. “Over the years, we moved thousands of cases through the criminal justice system that benefitted victims, the public and defendants,” she wrote,” adding that she was “most proud of the reduction of the DWI rate.”
She also blamed Lujan Grisham for the removal proceedings, noting that the governor had made the complaint “despite the fact that the Governor has never spoken with Martin.”
Torrez’s original petition cited a request from the governor to remove Martin from office.
Martin did not respond to a call, texts or several emails seeking further comment. The NMDOJ also did not immediately return requests for comment Thursday.
Michael Coleman, the director of communications for the governor’s office, told Source NM in a statement that Lujan Grisham would appoint a replacement.
“The governor believes Ms. Martin did the right thing and that it’s time to put this behind us and move on,” Coleman told Source NM.
Martin also took aim at state Sen. George Muñoz (D-Gallup) for the Legislature’s decision to strip funding from her office and give it to the neighboring district attorney in San Juan County.
Muñoz told Source NM in a phone call Thursday that the Legislature’s decision to strip the funding from the Gallup office was due to years of warnings from “other DAs, courts and public defenders,” and said he’d make the choice again.
“I take a lot of hits because of what I did, but at the end of the day, I know what I did was right,” he said.
The 2026 budget, which lawmakers approved and sent to Lujan Grisham, included a measure to release the funds for the McKinley County district attorney’s office from the San Juan office’s control after a ruling by the Supreme Court regarding Martin’s removal.
In the call with Source NM, San Juan District Attorney Jack Fortner, whose office retains financial control of the Gallup office, said he was only made aware of Martin’s resignation Thursday.
“Hopefully the governor will be able to appoint someone and eventually we can transfer all the funding back to McKinley County,” Fortner told Source NM. “I’m just glad that has come to a resolution.”
