By Molly Ann Howell
Managing Editor
More than three months after former McKinley County District Attorney Bernadine Martin formally resigned, multiple entities—including the Gallup City Council—are filing disciplinary complaints against her.
The trouble began in June 2025, when numerous Gallup and McKinley County officials approached Gov. Michelle Lujan Grisham to request an investigation into Martin and her potential removal from office.
Ultimately, Martin resigned Feb. 27 as part of a settlement agreement with New Mexico Attorney General Raúl Torrez. She stepped down mere days before the New Mexico Supreme Court was scheduled to hold a removal trial. While the agreement spares her from that trial and prevents the New Mexico Department of Justice from filing a disciplinary complaint, it doesn’t bar other entities from doing so.
POLICE CHIEF OUTLINES “CHAOS” AND MISSED DEADLINES
During the May 26 city council meeting, sitting Deputy City Attorney Erika Pirotte proposed that the council file its own disciplinary complaint against Martin.
Before the council voted on the matter, Gallup Police Chief Erin Toadlena-Pablo presented a brief overview of the statement she had prepared for the aborted Supreme Court trial. Her statement detailed five core concerns shared by the city and the local legal community regarding a pervasive lack of prosecution.
Toadlena-Pablo first highlighted a severe lack of communication between Martin’s office and police officers.
“[Martin’s] office sharply reduced email communication from 2021 to 2024,” Toadlena-Pablo said. “Officers were often bypassed and excluded in crucial information.”
Despite the police department trying multiple communication methods to bridge the gap, nothing succeeded
Toadlena-Pablo also pointed to a long history of case dismissals, case declinations, and missed deadlines. She noted that Martin’s office often declined cases mere days before statutory deadlines, offering minimal explanation. Furthermore, prosecutors gave officers little preparation time ahead of court dates. This poor preparation led to additional dismissals and delays, which allowed repeat offenders to reenter the community without consequences. In some instances, Toadlena-Pablo said the DA’s office dismissed cases simply to decrease caseloads.
Consequently, court scheduling and subpoenas became a major problem. Even though officers provided their schedules to Martin’s department, the DA’s office frequently issued subpoenas with less than seven days’ notice. Meanwhile, the Gallup Magistrate Court set court dates at a rapid pace, especially for in-custody cases. Because of these scheduling conflicts, officers often couldn’t attend court, forcing judges to dismiss many of the cases.
Toadlena-Pablo also noted internal turmoil within the DA’s office, which suffered a high employee turnover rate, specifically among prosecutors. This instability led to reports of “chaos and unprofessional courtroom conduct.”
Finally, Toadlena-Pablo addressed the heavy toll this instability exacted on victims and their families.
“Families of homicide and DWI victims expressed frustration with delays and lack of communication,” Toadlena-Pablo said. “Officers believe offenders perceive Gallup as a place where cases fell through the crack on determining deference.”
To combat these systemic failures, the Gallup Police Department has implemented its own checklists and software tools to strengthen case packets. Toadlena-Pablo said that the department recently shifted second, third, and higher-offense DWI charges from Gallup Magistrate Court to Gallup Municipal Court in an effort to reduce dismissals.
Nevertheless, the police chief acknowledged that the accumulation of these problems has eroded public trust.
“We are still going to be building that for years to come, but [the GPD is] up for the challenge,” she said.
COUNCIL SEEKS ACCOUNTABILITY
Following Toadlena-Pablo’s presentation, Pirotte explained how Martin’s inaction continues to affect the local community. She warned that despite the best efforts of San Juan County District Attorney Jack Fortner and the new McKinley County DA John Berenitz, some cases can no longer be prosecuted because too much time has passed, evidence has deteriorated, and witnesses have either moved or died.
However, Pirotte noted that some victims or their families might receive some sort of commission or restitution at a future date. She then offered to file the formal complaint on the council’s behalf.
Councilor Sarah Piano, Dist. 3, said she was completely on board with filing the complaint.
“I haven’t heard from one person in this community who was happy with the D.A., unfortunately, and there’s a lot of families who were let down and a lot of things that happened during [Martin’s time as D.A.],” Piano said.
When an entity files a disciplinary complaint against an attorney, the New Mexico Attorney Disciplinary Board investigates the allegations. If the board finds that the attorney engaged in illegal or unethical conduct, it can revoke their license to practice law.
Piano argued that this is the exact outcome Martin should face, expressing concern that Martin might otherwise run for office again.
The council voted unanimously to authorize Pirotte to draft and submit the disciplinary complaint letter.
