In re Guthrie

This decision of the Supreme Court of New Mexico was not selected for publication in
the New Mexico Appellate Reports. Refer to Rule 12-405 NMRA for restrictions on the
citation of unpublished decisions. Electronic decisions may contain computer-
generated errors or other deviations from the official version filed by the Supreme Court.

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

April 8, 2019

NO. S-1-SC-37561

INQUIRY CONCERNING A JUDGE
JSC Inquiry No. 2018-031

IN THE MATTER OF
HON. STEVE GUTHRIE
Otero County Magistrate Court

ORDER AND PUBLIC CENSURE

WHEREAS, this matter came on for consideration by the Court upon a petition to
accept a stipulation agreement and consent to discipline between the Judicial
Standards Commission and Respondent, Hon. Steve Guthrie.;

WHERAS, in the stipulation agreement, Respondent admits to the following acts:

(1) Respondent and his wife, Kim Guthrie, were next door neighbors with
Leticia Coyazo and Ysidro “Chico” Coyazo for many years. In Judge
Guthrie’s opinion, the conflict emanated from the Coyazo grandchildren’s
bouncing basketballs on the public sidewalk outside the Coyazo home. In
the Coyazos’ opinion, the conflict began when Judge Guthrie parked his
vehicle in front of the Coyazo home to prevent the Coyazos’ grandchildren
from playing basketball. The dispute surfaced episodically and resulted in
the Coyazos filing several police reports, and resulted in the Guthries’
decision to permanently move from their residence in October 2018;
(2) On October 13, 2017 and April 20, 2018, Respondent parked his personal
vehicle in front of his next door neighbor Leticia Coyazo’s home to prevent
Ms. Coyazo’s grandchildren from playing basketball;
(3) On November 15, 2017, Respondent told Leticia Coyazo words to the
effect, “If I hear the basketball bounce one more time I am going after
Chico’s disability.” Ysidro “Chico” Coyazo is Leticia Coyazo’s husband
and a disabled veteran who receives a monthly disability check. Ms.
Coyazo considered this a threat and called the Alamogordo Police
Department. Alamogordo Police Officer Mauricio Puente responded to the
call. Respondent was interviewed and told Officer Puente, “what he
meant about going after Ms. Coyazos [sic] retirement was that he was
going to report her husband to the authority [sic] because her husband
was doing things he is not supposed to be doing while on
retirement/disability.”;
(4) On April 20, 2018, Respondent parked his vehicle in front of Leticia
Coyazo’s home, eleven (11) feet away from a fire hydrant in violation of
Alamogordo City Ordinance 12-6-1.1 which requires vehicles to be parked
fifteen (15) feet away from a fire hydrant. Alamogordo Police Officer
Edgar Soto was dispatched to the Coyazo home, measured the distance
between the truck bumper and the fire hydrant which was only eleven (11)
feet, and ran the license plate of the vehicle which returned as registered
to Respondent. Officer Soto instructed Respondent to move his vehicle
and Respondent complied;
(5) On July 6, 2018, Leticia Coyazo called police officers to file a complaint
against Respondent’s wife, Kim Guthrie, for spraying water at Ms.
Coyazo’s video surveillance cameras. While Alamogordo Police Officer
Marcelino Esquero was conducting his investigation, he witnessed
Respondent mimicking playing a violin and heard Respondent state, “Its
[sic] against the law to water on Fridays [sic].”;
(6) A sign was posted on the Guthrie home which read, “All cameras are fake
do you think I would spend money to watch you LOL $$$$ LOL.” Leticia
Coyazo believes the Guthries’ sign was in response to Ms. Coyazo’s
installation of video surveillance cameras outside her home, and
subsequent to the Guthries’ installation of video surveillance cameras
outside their home; and
(7) Respondent met with Acting Alamogordo Police Chief Roger Schoolcraft
at the Alamogordo Police Station, explained his issue with the Coyazos’
grandchildren and told Chief Schoolcraft words to the effect that “police
officers are not doing enough about the noise.”;

WHEREAS, in the stipulation agreement, Respondent does not contest that the
Commission has sufficient facts and evidence to prove by clear and convincing
evidence that he engaged in willful misconduct by committing the acts enumerated
above, and that he violated the Code of Judicial Conduct Rules 21-101 and 21-102
NMRA;

WHEREAS, the stipulation agreement provides that Respondent consents to the
imposition of a public censure as discipline and to its publication in the New Mexico Bar
Bulletin; and

WHEREAS, in light of the foregoing, and the Court having determined that
acceptance of the stipulation agreement and consent to discipline is in the best interests
of the judiciary and the public and being sufficiently advised, Chief Justice Judith K.
Nakamura, Justice Barbara J. Vigil, Justice Michael E. Vigil, Justice C. Shannon Bacon,
and Justice David K. Thomson concurring;
NOW, THEREFORE, IT IS ORDERED that the petition is GRANTED and this
PUBLIC CENSURE is issued to Respondent, Hon. Steve Guthrie.; and

IT IS FURTHER ORDER that this matter is UNSEALED under Rule 27-104(B)
NMRA.

IT IS SO ORDERED.

WITNESS, the Honorable Judith K. Nakamura, Chief Justice
of the Supreme Court of the State of New Mexico, and the
seal of said Court this 8th day of April, 2019.