Judge Mitchell retires early

Tenth Judicial District Judge Albert J. Mitchell Jr. retired effective Friday, about one month earlier than his previously announced retirement date.

Barry Massey, public information officer for New Mexico Courts, stated in an email Monday the New Mexico Supreme Court has designated other judges to help in the interim until a new judge likely is appointed by the governor and takes office later this year.

“In order to assist with handling cases during the vacancy, the Supreme Court has appointed retired District Judge James Waylon Counts to hear cases in the Tenth Judicial District Court,” Massey wrote. “To fill the important administrative responsibilities of chief judge in the interim, the Supreme Court has appointed Chief Judge Donna Mowrer to this role in the Tenth.”

Mowrer serves as a judge in the 9th Judicial District, based in Clovis and Portales. Counts served as a judge in the 12th Judicial District in Alamogordo until 2020.

Mitchell sent a one-page resignation letter dated Feb. 2 to state Supreme Court Chief Justice Shannon Bacon and Gov. Michelle Lujan Grisham.

“It has been a great honor to serve as the District Court Judge in the Tenth Judicial District Court for the past 15 years,” Mitchell wrote. “Please accept this letter as my resignation effective today February 2, 2024. That is about 28 days sooner than my original resignation letter.”

The state Supreme Court on Feb. 1 – one day earlier than Mitchell’s resignation – issued the orders designating Counts as presiding judge and Mowrer as administrator of the 10th Judicial District.

Counts is scheduled to serve as judge of the district through May 10, according to the order. He will be paid $97.41 an hour, with the total compensation to not exceed $20,000. His per diem expenses for travel will be reimbursed at $155 per day and a mileage rate of 50 cents a mile, with the sum to not exceed $2,250.

Mitchell, 65, last month initially submitted his letter of resignation, effective March 1, stating his wish to retire after 15 years on the bench.

Contacted by phone Monday, Mitchell said “I decided it was time” to move up his retirement date.

When asked whether there was anything that precipitated his move to retire earlier, Mitchell responded: “Absolutely not. Retirement looks very attractive. I just moved it up. Everything looks good.”

Amanda Hammer, CEO of the district court, said some court hearings had been vacated due to Mitchell’s retirement and will be rescheduled.

Hammer said she was busy working with Mowrer on how to proceed with other cases.

Hammer declined to comment when asked whether Mitchell’s retirement was a surprise.

Mitchell still was listed Monday morning on the 10th Judicial District’s website as its judge.

The 10th Judicial District encompasses Quay, Harding and De Baca counties and has just one judge assigned to cover them all.

A state committee will consider applications for Mitchell’s replacement and issue recommendations to the governor later this year. Mitchell’s eventual successor will be up for election in 2026.