Barnhart photographed the Metro Court interior in violation of court rules and policies, and threatened a security officer who questioned him about it. · Barnhart was hostile and used offensive language toward court security officers.

Barnhart was abusive to court employees who withheld his assistant’s paycheck under policies about time reports. The abuse included yelling, pound­ing his fist on a desk and tossing objects.

Albuquerque Journal Saturday October 22, 2005

· Taking photographs of the interior of the Metro Court in violation of court rules and threatening a security officer who objected.
· Using offensive language and hostile conduct toward security officers and court employees, including telling them that his administrative assistant didn't have to undergo the security screenings required of all employees.
· Refusing to issue bench warrants when defendants failed to appear for traffic arraignments because he didn't want his aide to have to process them, thus increasing the workload on his colleagues.
· Improperly disqualifying himself from at least 233 traffic cases in a way that increased work for court staff.
· Ignoring almost all of the provisions in the scheduling and discovery orders issued in the Judicial Standards case, including failing to show up for a deposition.

Barnhart acknowledges the conduct described violated the Judicial Code of Conduct and amounted to "willful misconduct in office." Metro Court Chief Judge Judy Nakamura said Barnhart wasn't in court Friday. His cases had already been postponed, and she said she believed he had taken leave.

"I will ensure that all cases proceed as set, period, whether they're heard by Judge Barn-hart or another judge," she said. Barnhart, who served in the Navy hospital corps during the Vietnam War, graduated from the University of New Mexico School of Law in 1979 and practiced for about a year before ~being elected a Metro judge in 1980.

Almost immediately, he became a lightning rod for criticism. In 1982, lawyers complained he was using his court secretary and court letterhead to produce campaign letters seeking donations. Two years later, James Blackmer, then a Democratic candidate opposing Barnhart for the Metro Court seat, called Barnhart's record on DWI cases too lenient. Barnhart won, and Blackmer eventually made it to the district bench as a Republican. In 1985, the state Supreme Court, which sets rules and handles disciplinary action against lower court judges, required Barnhart to step down from the Albuquerque TVI governing board after finding him in violation of state law that restricts judges from nomination or election to any other office.

Barnhart was the presiding Metro Court judge in 1988 when he was suspended by the Supreme Court over irregularities in court finances, mainly "inter-fund borrowing" identified in an audit. In 1990, he clashed with then-District Attorney Bob Schwartz, now the governor's crime policy adviser, when Barnhart refused to let assistant district attorneys not assigned to the Metro Court division question witnesses.

The Judicial Performance Evaluation Commission recommended against Barnhart's retention in the 1988 election, but he won anyway, and, by 2002, the evaluating body said Barnhart had made efforts to improve and should be retained.

Journal Staff Report

Although Metro Court Judge Charles Barnhart agreed to step down from the bench last month after admitting to a string of ethical breaches, he remains in his position for the time being.

"The (New Mexico) Supreme Court has not made a decision on the petition for discipline," said Jim Noel, director of the Judicial Standards Commission, which oversees conduct of the state's judges.

The commission, which recommended Barnhart's removal through "mandatory retirement," found "an incredible record of intentional and willful disregard for court policies and procedures and a marked disrespect for his colleagues and co-workers."

Barnhart agreed to never to seek, accept or hold judicial office again and consented to a published reprimand and a $1,000 fine.

If the court accepts the commission's petition, Baruhart has 30 days to step down.

Barnhart's attorney has asked the Supreme Court to block publication of Barnhart's reprimand in the State Bar of New Mexico's "Bar Bulletin," Noel said.

A hearing on the matter is scheduled for Aug. 29.

Barnhart's lawyer, Daniel Ivey-Soto, couldn't be reached for comment Monday.

Albuquerque Journal Tuesday August 16, 2005