2020-06-4454: In the Matter of Albert Costales, Esq From the New Mexico Court of Appeals

Rules/Orders

From the New Mexico Supreme Court

BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF THE STATE OF NEW MEXICO

In the Matter of ALBERT COSTALES, ESQ.

DISCIPLINARY NO. 2020-06-4454

An Attorney Licensed to Practice Law Before the Courts of the State of New Mexico

FORMAL REPRIMAND

You are being issued this formal reprimand pursuant to the Disciplinary Board Panel’s decision of January 11, 2021 after a hearing was held on the merits in this matter on October 15, 2020.

While appearing for jury selection during a criminal trial on December 9, 2019, you repeatedly engaged in disruptive behavior with the district court judge presiding over the case. Specifically, you made disrespectful comments to the judge, including making the following comments: “I mean the reason that we’re insisting on going today is because he insists on keeping my client in jail. And the Court seems to feel that’s fine.”; “I mean, this—this is not just to accommodate [the prosecutor] and everything he wants”; “It seems the Court is extremely biased in this matter towards [the prosecutor’s] Motion. I’ve raised this with you before.” Despite being warned repeatedly by the judge in this matter to refrain from engaging in this type of behavior, you continued arguing with and interrupting the district court judge. Your behavior became so disruptive the judge in this matter held you in contempt and sanctioned you for your behavior.

Your conduct in this matter was found to have violated Rule 16305(D), by engaging in conduct intended to disrupt a tribunal and Rule 16-804(D), by engaging in conduct prejudicial to the administration of justice.

You are hereby formally reprimanded for these acts of misconduct pursuant to Rule 17-206(A)(5) of the Rules Governing Discipline. The formal reprimand will be filed with the Supreme Court in accordance with 17-206(D), and will remain part of your permanent records with the Disciplinary Board, where it may be revealed upon any inquiry to the Board concerning any discipline ever imposed against you. In addition, in accordance with Rule 17206(D), the entire text of this formal reprimand will be published in the State Bar of New Mexico Bar Bulletin.

Dated April 16, 2021 The Disciplinary Board of the New Mexico Supreme Court

By Howard R. Thomas, Esq. Vice-Chair

http://www.nmcompcomm.us/