McKinley County DA Bernadine Martin resigns ahead of removal trial

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Bernadine Martin, the McKinley County district attorney, has resigned amid criticism for low prosecution rates and defunding of her office, leaving questions about the future of more than 500 cases she was overseeing. Her resignation comes just days before she was set to go on trial before the state Supreme Court to be removed from office. Martin was elected in 2020 and re-elected in 2024, making history as New Mexico’s first female and Navajo district attorney. However, the focus now shifts to the caseload and how quickly the system can stabilize without her.In her resignation letter, Martin expressed gratitude to the voting public of McKinley County, saying, “I, Bernadine Martin, thank you for your support and was honored to serve as your District Attorney.” In August 2025, Attorney General Raul Torrez filed a petition to remove Martin, alleging incompetence, a hostile work environment, and that she was practicing private law while in office.Martin defended her tenure, stating, “I’m elected, I can run the office. We have run the office. We’ve been successful. We are efficient. We move cases. I have a fabulous staff. At least I believe I do.” Her resignation followed a settlement with Torrez’s office, which said investigators compiled 7,000 pages of documents and interviewed two dozen witnesses.Chief Judge R. David Pederson described the situation as unprecedented and said the court moved quickly, issuing an emergency order to bring in special prosecutor Jack Fortner, the district attorney from Farmington. Pederson emphasized the importance of maintaining justice for McKinley County citizens, saying, “We want to make sure that the system continues to operate and function so that the citizens of McKinley County are getting a full measure of justice.”Pederson noted that in smaller rural offices, it is common for a district attorney to prosecute cases rather than hand them off to staff. Martin had been personally working on 551 cases as of mid-February, she said as part of her resignation letter. Pederson assured that existing cases are already assigned to prosecutors and does not anticipate any problems ensuring they continue through the judicial system. However, he acknowledged potential delays as new attorneys get up to speed on some cases.The New Mexico Constitution grants Gov. Michelle Lujan Grisham the authority to appoint Martin’s replacement. Pederson highlighted the need for stability, saying, “We’re just hopeful, and we’re cautiously optimistic that she will expedite the process as much as she possibly can.”Efforts to reach the Attorney General’s Office for details on the settlement agreement are ongoing, and attempts to contact Bernadine Martin have not yet been successful.

Bernadine Martin, the McKinley County district attorney, has resigned amid criticism for low prosecution rates and defunding of her office, leaving questions about the future of more than 500 cases she was overseeing.

Her resignation comes just days before she was set to go on trial before the state Supreme Court to be removed from office.

Martin was elected in 2020 and re-elected in 2024, making history as New Mexico’s first female and Navajo district attorney. However, the focus now shifts to the caseload and how quickly the system can stabilize without her.

In her resignation letter, Martin expressed gratitude to the voting public of McKinley County, saying, “I, Bernadine Martin, thank you for your support and was honored to serve as your District Attorney.”

In August 2025, Attorney General Raul Torrez filed a petition to remove Martin, alleging incompetence, a hostile work environment, and that she was practicing private law while in office.

Martin defended her tenure, stating, “I’m elected, I can run the office. We have run the office. We’ve been successful. We are efficient. We move cases. I have a fabulous staff. At least I believe I do.”

Her resignation followed a settlement with Torrez’s office, which said investigators compiled 7,000 pages of documents and interviewed two dozen witnesses.

Chief Judge R. David Pederson described the situation as unprecedented and said the court moved quickly, issuing an emergency order to bring in special prosecutor Jack Fortner, the district attorney from Farmington.

Pederson emphasized the importance of maintaining justice for McKinley County citizens, saying, “We want to make sure that the system continues to operate and function so that the citizens of McKinley County are getting a full measure of justice.”

Pederson noted that in smaller rural offices, it is common for a district attorney to prosecute cases rather than hand them off to staff. Martin had been personally working on 551 cases as of mid-February, she said as part of her resignation letter.

Pederson assured that existing cases are already assigned to prosecutors and does not anticipate any problems ensuring they continue through the judicial system. However, he acknowledged potential delays as new attorneys get up to speed on some cases.

The New Mexico Constitution grants Gov. Michelle Lujan Grisham the authority to appoint Martin’s replacement. Pederson highlighted the need for stability, saying, “We’re just hopeful, and we’re cautiously optimistic that she will expedite the process as much as she possibly can.”

Efforts to reach the Attorney General’s Office for details on the settlement agreement are ongoing, and attempts to contact Bernadine Martin have not yet been successful.



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