BY MAIRE O’NEILL
maire@losalamosreporter.com
Los Alamos Municipal Judge Elizabeth Allen has denied a January 19 oral motion made in open court by local defense attorney William Snowden that she recuse herself from three of his cases on the docket that morning.
Snowden had asked Judge Allen if Los Alamos Chief of Police Dino Sgambellone is a tenant at her property and Judge Allen had confirmed that Sgambellone rents from her husband, Matthew Allen.
Attorney Dorie Biaganti-Smith, who is under contract to Los Alamos County as a prosecutor was present via Zoom, and Judge Allen told her that Snowden had asked that she recuse herself because of “a business relationship I have with the Chief of Police for a business that my husband and I own together”.
Biagianti-Smith said she didn’t think that was a basis for recusal. Snowden responded that “it absolutely is” and that his clients did not feel comfortable proceeding. He mentioned to Judge Allen that she had recused herself in a case where LAPD Ofc. Adam Jung was at a party she attended where she didn’t have a conversation with Jung. Snowden noted that Sgambellone is a tenant of Judge Allen’s business and that his clients “do not feel comfortable proceeding”.
Judge Allen said she didn’t want to get into an argument about the difference between business transactions and a social interaction with a party. She said in fact, there had been other social interactions with other parties that required ethical disclosure whether it required recusal or not that was based on Snowden’s request.
Snowden pointed out that he did not make the request and that Judge Allen had come to the attorneys in the case.
“He (Jung) is a party on a pending case and the Chief of Police runs the police department. The appearance of impropriety here is significant enough for me not to proceed in front of you and request a new judge. My clients do not feel comfortable proceeding with your honor,” Snowden said.
Judge Allen told Snowden she understood he was taking action in open court and he responded that open court is where it has to happen. Judge Allen said she felt like she needed some research to understand the specifics of what Snowden was saying.
The Los Alamos Reporter reached out to Judge Allen on January 21 asking if she wanted to issues a statement on Snowden’s questions and Judge Allen responded that she was “unable to comment on pending cases”. The Reported responded that to be clear, she was not asking Judge Allen to comment on any pending cases.
On January 22, Judge Allen denied Snowden’s oral motion that she be recused and/or disqualified, stating that there is no right to peremptory disqualification in Municipal Court and that the decision to recuse rests within the discretion of the trial judge.
“A recusal should only be conducted if there is a “compelling constitutional, statutory or ethical cause of doing so and should only be used for the most compelling reasons,”t he order said.
Snowden responded on behalf of his client Adam Joseph to Judge Allen’s denial of his oral motion, arguing that “an independent judiciary is necessary to ensure that judges decide cases according to the law and are not swayed by public opinion or fear of criticism or other relationships, including financial interests to influence the judges judicial conduct or judgment in which the judge knows that he or she, individually or as a fiduciary as the judge’s spouse, has an economic interest in controversy”.
Snowden also quoted Rule 8-106, which governs disqualification of a judge in Municipal Court and holds that “no judge shall sit in any action in which the judge’s impartiality may reasonably be questioned under the state constitution or a code of judicial conduct”. He argues that in his client’s case, Judge Allen has “a clear conflict of interest, which calls into question her impartiality and creates a situation wherein she has continuing business transactions” with Chief Sgambellone.
Snowden maintains Judge Allen needs to disqualify herself from continuing to preside over his cases and that it doesn’t matter whether Judge Allen or her husband who has the pecuniary interest creating the appearance of impropriety.
Another argument made by Snowden is that Chief Sgambellone is the leader of the entity whose officers are persons frequently appearing before the court and whose role in proceedings before the court is prosecutorial.
Judge Allen states that Mr. Joseph, through Snowden, suggests that based solely on Chief Sgambellone’s employment, he may influence the court’s proceedings. She says the defendant fails to show how or where Chief Sgambellone, a residential tenant has influenced her. Judge Allen says Chief Sgambellone has no relationship to any person in the Adam Joseph case and has not ever been present in court.
“The Code of Judicial Conduct makes a clear distinction between personal and business relationships and does not confuse how the two should be treated. There is no personal relationship between the judge and any police officer that works for LAPD. The business relationship between the Chief of Police and the Allens’ business is arm’s length. There exists only a landlord-tenant relationship, which is managed solely by Matthew Allen. There is no financial benefit or detriment to Judge Allen in the hearing or outcome of the defendant’s case,” Judge Allen argues.
The Los Alamos Reporter reached out to County Manager Steven Lynne last week to ask if County Attorney Alvin Leaphart is the legal counsel for Judge Allen and Chief Sgambellone and whether or not the Legal Department had given an opinion to either Judge Allen or the chief of police on the issue. County PIO Julie Williams-Hill responded, “This is actually a matter before the court. It’s important for us to respect the legal process. Thanks for your understanding”.
The Reporter pointed out that the question of whether or not the County Attorney is legal counsel for the Chief of Police and/or the Municipal Court Judge is not before the court. Williams-Hill responded that the County Attorney is not involved in this case before the Municipal Court.