On Thursday, December 19, 2024, Santa Fe New Mexican reported that State District Judge Francis Mathew was arrested and charged with driving under the influence in Santa Fe. The incident occurred on December 13, when Mathew, 72, was stopped at a DWI checkpoint set up by the New Mexico State Police.
Despite the charge, Mathew continued to preside over court cases. He has not publicly commented on the allegations; however, his attorney, Ben Ortega, stated that the judge intends to contest the charge and maintains his innocence regarding the DWI accusation.
According to a criminal complaint filed in Santa Fe County Magistrate Court, Mathew faces a petty misdemeanor charge for allegedly driving while intoxicated. The complaint indicates that officers determined Mathew was unable to drive safely after he failed several field sobriety tests. Although his blood-alcohol content was recorded below the legal driving limit of 0.08%, Mathew was nonetheless charged due to his performance during the sobriety assessments.
Mathew was stopped at a checkpoint on Old Pecos Trail at approximately 6:42 p.m. During the stop, he acknowledged having consumed a glass of wine and a cocktail about an hour before driving. The arresting officer administered multiple standardized field sobriety tests, and Mathew’s performance was deemed unsatisfactory, leading to his arrest. Following the arrest, he was taken to a state police facility where two breath tests recorded his blood-alcohol levels at 0.05% and 0.04%.
Ortega emphasized that Mathew cooperated fully with law enforcement throughout the process. He highlighted that the judge’s alcohol levels were significantly below the legal threshold for driving and expressed confidence in Mathew’s eventual exoneration in court. Additionally, Ortega criticized the validity of the non-standardized tests used during Mathew’s evaluation, arguing that such tests should not be the sole basis for determining impairment, particularly for individuals over the age of 65.
Despite the ongoing legal situation, Mathew has continued to handle cases in his courtroom since the charges were filed. When approached for comments regarding Mathew’s status, First Judicial District Chief Judge Bryan Biedscheid indicated that he needed more information about the incident. An Administrative Office of the Courts spokesperson, Barry Massey, stated that judges are unable to comment on pending legal matters and noted that the Judicial Standards Commission would investigate any ethical concerns surrounding Mathew’s conduct.
The circumstances surrounding Mathew’s arrest have raised questions about his ability to remain in his position while facing a criminal charge. Massey mentioned that he could not address whether Mathew would be permitted to preside over cases during the disciplinary review.
Judge Mathew has been serving on the First Judicial District Court since 2013, after being appointed by former Governor Susana Martinez. He was subsequently elected in 2014 and has overseen a number of civil cases, including high-profile trials involving public figures. His legal career has included overseeing cases related to DWI incidents, such as one involving former state Senator Richard Martinez and another against Cuoy Griffin, the founder of Cowboys for Trump.
Source: Santa Fe New Mexican
