In a firm defense against state efforts to remove her from office, McKinley County District Attorney Bernadine Martin has denied allegations of misconduct and accused New Mexico Attorney General Raúl Torrez of political motivation and constitutional overreach. The response, filed recently in the state Supreme Court, highlights deep tensions in the county’s justice system and raises concerns about the delivery of public safety in this rural region. The conflict began in August 2025, when Attorney General Torrez filed a petition with the New Mexico Supreme Court seeking Martin’s removal from her role as Eleventh Judicial District Attorney.

The petition followed a state investigation requested by Governor Michelle Lujan Grisham, which concluded that Martin had repeatedly failed, neglected, or refused to perform her duties as required by law. The allegations include the creation of a hostile work environment marked by intimidation and retaliation, failure to prepare or subpoena witnesses on time leading to case dismissals, misuse of public funds and improper contracting, and maintaining a private law practice while serving as district attorney.

The petition also notes that nearly all of Martin’s assistant prosecutors resigned or were terminated under her tenure, leaving the office dependent on contract attorneys. After the Supreme Court issued a 30-day deadline on September 2 for Martin to respond, she requested and received an extension, citing her overwhelming caseload and the need to compile years of records. Martin has argued that the state’s budget cuts have crippled her office, limiting its ability to hire staff and prosecute cases.

She maintains that much of the dysfunction predates her leadership and insists that prosecutorial discretion shields her from political interference. Law enforcement officials have voiced concern over the situation.

Gallup Police Chief Erin Toadlena-Pablo noted that Martin rarely meets with officers before court hearings, which has hampered coordination and case preparation. Sheriff James Maiorano similarly reported instances of subpoenas being issued on the same day as hearings. The attorney general’s petition also cites two major criminal cases—one rape and one murder—that Martin’s office dismissed without ensuring further prosecution.

The state has since taken over those cases. As the Supreme Court considers whether to remove an elected district attorney, the outcome could set a precedent for how far state oversight extends into local prosecutorial independence.

Martin continues to insist the investigation is politically motivated. Residents across Gallup, McKinley County, and the Navajo Nation now await the court’s decision, hoping for stability and renewed confidence in their justice system.