A High court tosses out judge's convictions

High court tosses out judge's convictions

The state Supreme Court on Wednesday overturned the convictions of a former Española municipal judge who had sex with a defendant, saying judges are excluded from the bribery law under which he was convicted. Charles Maestas served about 21/2 years in prison before he was released earlier this year.

Prosecutors said Maestas requested a female criminal defendant to perform sexual favors in exchange for leniency in her traffic case. Maestas said the sexual encounters were consensual, and the woman suggested them.

He was convicted in 2003 of five counts of bribery -- called "official acts prohibited" in New Mexico law -- and five counts of rape. The state Court of Appeals affirmed the convictions in 2005.

But when Maestas appealed to the state Supreme Court, the Attorney General's Office -- which was arguing to have the convictions upheld -- pointed out a problem that hadn't been brought up earlier: The Governmental Conduct Act excludes judges.