Kennedy to be Sworn in as New Chief Appeals Court Judge

Judge Roderick Kennedy will be sworn in tomorrow as the 21st Chief Judge of the New Mexico Court of Appeals.

Kennedy is replacing Chief Judge Celia Foy Castillo, who retired effective today.

A Republican, Kennedy first was appointed to the appeals court in 1999 by then Gov. Gary Johnson. Previously Kennedy served as an Albuquerque Metro Court judge for 11 years. He chaired Bernalillo County's DWI Planning Council where he helped lead the creation of a $2.5 million alcohol treatment center at the Bernalillo County Jail.

According to his biography on the Court of Appeals web site, Kennedy is internationally known for his expertise in the interface between law and science, and is a published author and lecturer on the subject.

New Year's Eve in the Roundhouse

As the U2 song said, "All is quiet ..."

I was out for a little more than a week, but here's some of the political stories I've had published recently.

Here's one I wrote looking at several of the bills that have been pre-filed before the upcoming Legislative session: CLICK HERE. (You can find all the pre-filed bills HERE.)

I wrote about the Roundhouse memorial for the late Speaker Ben Lujan HERE.

And, just before Christmas, I did a profile of the soon-to-be-former U.S. Sen. Jeff Bingaman HERE.

In cast this turns out to be my last Roundhouse Round-up blog post of the year, HAPPY NEW YEAR !!! Keep following this blog through the upcoming session.

ROUNDHOUSE ROUNDUP" Remembering the Speaker

A version of this was published in The Santa Fe New Mexican 
Dec. 30, 2012

It was early one cold morning during the Legislative session. I forget the year, but it was sometime before they built the parking garage across Don Gaspar Avenue from the Roundhouse, back when you had to search for parking places several blocks away. I was getting close to Paseo de Peralta when my cellphone buzzed. When I answered, there was a familiar voice.

“Steve? This is Speaker Luján.”

Uh oh. I’ve long forgotten what the story was that I’d written that prompted this call. But I remember it was one I knew Ben Luján wouldn’t like. “Uh … hi, Mr. Speaker.”

“I liked your story in the paper this morning …”

I almost blurted out, “You did?” but instead sputtered some form of “thank you.”

“Only trouble is, everything in it was wrong.”

In my own defense, everything in the story wasn’t wrong. There were just some points about whatever issue it was that Luján wanted to make. And I let him make those points in a follow-up article the next day.

I thought about that call last Thursday at Luján’s memorial service in the Capitol Rotunda. The 77-year-old legislator died Dec. 18 following a lengthy struggle with lung cancer.

That’s not the only time Ben Luján took issue with some story I’d written. He never was shy about calling personally and discussing a story with a reporter. He always was calm, never accusatory. And the next time he saw you, he always was friendly and cordial.

And — most important from a reporter’s point of view — Luján always was great about returning phone calls. (I hope Kenny Martinez, who is expected to succeed Luján in January, is reading this.)

That’s the kind of leader Luján was. That’s the Ben Luján I’ll remember.

Luján’s first session as speaker: I began covering the Legislature in late 2000, right after Luján’s predecessor, Raymond Sanchez, was defeated for re-election. Luján, who had served as Democratic floor leader under Sanchez, was nominated by the Democratic caucus for the speaker’s position.

I remember the first day of the 2001 session. After formally being elected by the House, Luján started heading toward the rostrum to take his oath of office. Somebody’s cellphone began ringing. (No, it wasn’t mine.) There was great laughter in the chamber when someone on the Republican side of the aisle said, “It’s Raymond.”

Of course, it wasn’t really Raymond Sanchez. But the quip illustrated a common perception that the new speaker had some big shoes to fill.

That was true. But it didn’t take long for Luján to begin making his own mark as speaker.

Hugs, not thugs: At one point during that 2001 session, the state chairman of the Republican Party in a news release referred to Luján as a “thug enforcer” for Sanchez.

This prompted a backlash on the House floor — not only from Democrats, but Republicans as well.

“I’m proud to be a member of this Legislature,” said Joe Mohorovic, a Republican lawmaker who represented an Albuquerque district. “And Mr. Speaker, let me say, I’m proud of my speaker.”

Attempted coups: Of course it wasn’t always a love fest when Luján was speaker.

He survived two attempted coups against him. One came in 2005 when Martinez, the Democratic floor leader from Grants, challenged him for the job. Some Democrats at the time complained that Luján was too heavy-handed, which Luján denied.

Luján survived that caucus vote and by all accounts worked well with Martinez for the rest of his time in the Legislature.

Then in 2010, after Democrats lost eight seats in the House, then-Rep. Joe Cervantes of Las Cruces tried to forge a coalition with House Republicans to oust Luján.

Ironically, however, Luján was saved by Tea Party groups, who made it known to GOP representatives that they didn’t want any Republican to vote for Cervantes or any Democrat for speaker.

Yes, I’m going to miss Ben Luján. Even his calls when he was mad at me.

Some Tributes to the Speaker

Kind words for the late House Speaker Ben Lujan began pouring in from various politicos who knew and worked with him.

Here's what I've seen so far:

Ben Lujan was a giant in New Mexico politics and government. He will go down in history as nm greatest speaker. His legislative contributions were far reaching as he authored major legislation on health care education roads and taxes. He singlehandedly ushered the end of the onerous food tax and lowered taxes for every New Mexican.
 I spoke to the Speaker on Thursday and Barbara and I were planning to visit him and Carmen at his home in Pojoaque today. Like a true gladiator he was fighting this disease with courage and conviction He made lives better for every New Mexican and we will miss him. -Governor Bill Richardson

Former Gov. Bill Richardson

Last night a great friend and an individual that I respect immensely passed away. Speaker Ben Lujan was a giant in New Mexico politics, and a fighter for New Mexico's families. He fought for the poor, elderly, and underprivileged. He worked tirelessly for veterans, affordable healthcare, worker rights, high wage jobs for New Mexicans and so many more great endeavors. He will go down the in history books as one of New Mexico’s best Speakers.
The entire State of New Mexico has benefited from his strong leadership. His big smile and calming leadership will be missed in New Mexico's roundhouse. We in the Democratic Party of New Mexico mourn the loss of the Speaker.
I mourn alongside the Lujan family in this tough time. Our thoughts and prayers go out to Carmen, Congressman Ben Ray Lujan Jr, and the rest of the Lujan family.

State Democratic Party Chairman Javier Gonzales

Our thoughts and prayers go out to the Lujan family. We offer our sincere condolences to all who had the pleasure of calling Speaker Lujan a family member, a friend and a colleague. His decades of service to New Mexico and the legacy of leadership he left behind will long be remembered across our state.

State Republican Party Chairman John Billingsly

Our state lost a great leader, and a great friend, yesterday with the passing of Speaker Ben Luján. For over four decades, Ben was a tireless advocate for the people of New Mexico. Ben was a dedicated public servant, and even a devastating illness could not deter him from the job he had committed to do. He remained steadfast in his service to the people of our state, and he was an inspiration to all who knew him.  

Ben came of age in the Great Depression. He knew poverty and hard times first hand. He never forgot where he came from, and he was always a champion for the less fortunate among us. He was a tenacious fighter for education, for workers, for Native Americans, and for health care. His principles illuminated his life, and brightened the lives of all who knew him. 

Ben once said, 'Let us make our time on Earth… worthwhile, and do what’s right, and make a difference for the children, our working families, and our elderly.' He lived up to that challenge throughout his life, and he leaves behind a remarkable legacy of service to New Mexico. I was proud to call Ben Luján my colleague and my friend. Jill and I will miss Ben. We extend our deepest condolences to Carmen, and to Shirley, Jackie, Jerome, and Congressman Ben Ray Luján, and all the Luján family. 

U.S. Sen. Tom Udall

The entire Lujan family, including my colleague Ben Ray Lujan, are in my thoughts and prayers today. Speaker Ben Lujan will live on through his decades of service to New Mexico.

U.S. Rep. Steve Pearce

And I've some tweets from legislators.

What an honor to learn the ropes in the state House from Speaker Ben Lujan. Our familys thoughts and prayers go out to Carmen.

Sen. Peter Wirth, D-Santa Fe

Speaker Lujan was a true champion for New Mexico, his leadership & policy legacy will continue to help our state decades 

Sen. Tim Keller, D-Albuquerque

I hope we take time for a thought or prayer for the Lujan family. The Speaker's passing is a huge loss; he'll be greatly missed.

Rep. Brian Egolf, D-Santa Fe

What a legacy he left. I was proud to serve with Speaker Lujan and send my love to the family.

Sen. Dede Feldman, D-Albuquerque

UPDATE: 11:07 am I corrected my demotion of Tom Udall to U.S. Rep. He indeed is a senator. Thanks C.R. for alerting me. I also added the tweet by Rep. Egolf. (And Sen. Feldman too)

R.I.P. Speaker Ben Lujan

Speaker Lujan with his wife Carmen
and son Ben Ray Lujan

New Mexico House Speaker Ben Luján died late Tuesday following a lengthy struggle with lung cancer.

His longtime chief of staff said Lujan died St. Vincent Hospital, where he had been admitted Sunday with respirator problems. He was with his wife Carmen Luján, his son Congressman Ben Ray Luján and other family members, Pecos said.

"I think he was waiting for his grandson to arrive," Pecos said. His grandson Dominic Valdexz is a soldier stationed at Fort Campbell, Kentucky.

Luján, a Democrat from Nambé, announced early this year that he wouldn’t seek re-election for another term because of his medical condition. He has been House speaker since 2001.

House Democrats recently nominated Rep. Kenny Martinez of Grants to become the next speaker.

ROUNDHOUSE ROUNDUP: New Mexico, The Comedy State

Note: I'm on vacation, so there probably won't be much action on this blog until after Christmas unless something really big breaks.

But have a safe and joyful holiday.

Here's Sunday's column

A version of this was published in The Santa Fe New Mexican 
Dec. 16, 2012


For one brief shining moment last week, it seemed that New Mexico was the center of the universe for political humor.

First there was a story in The Onion with its recommended steps on how the federal government should deal with the so-called “fiscal cliff.”

“STEP ONE: Eliminate school breakfast and lunch programs, Medicaid, the Consumer Product Safety Commission, the Environmental Protection Agency, Medicare, PBS, New Mexico, elk, the Coast Guard and all dams.”

Get rid of New Mexico. Nice.

But before Land of Enchantment boosters start sputtering all over each other’s umbrage-taking, I’d better explain that The Onion is a satirical publication. I know that explanation isn’t necessary for the overwhelming majority of the highly intelligent, hip and savvy readers of this column.

But you never know.

Just last year, a former elected official from New Mexico — it’s the Christmas season, so my gift to her is not using her name — blogged about the startling news in an Onion story that purported to report a new political strategy: “re-electing Barack Obama and making his life even more of a living hell than it already is.”

“I just cannot believe what I was reading,” the politician blogged. Well, her initial instinct was right. Had only she stopped there.

Wedgies for congressmen: So there was this Onion mention, and then later in the week, our very own U.S. Sen. Jeff Bingaman, who will retire at the end of this month, appeared on Comedy Central’s The Colbert Report.

I know what you’re thinking. Jeff Bingaman is hardly the funniest man in the U.S. Senate.

That honor probably would go to Sen. Al Franken, D-Minn., though since he got elected in 2008, the former Saturday Night Live star seems to have made a determined effort to become just as low-key and serious as, well, Jeff Bingaman.

Then again, nobody’s ever said Bingaman is humorless. His wit is just a bit more dry than you normally see on late-night TV.

Bingaman didn’t break character on The Colbert Report. With a straight face, he played straight man to Stephen Colbert, whose recent shtick is that he’s trying to get the governor of South Carolina to appoint him to fill the seat of retiring Sen. Jim DeMint.

He  was on the show to give advice to Colbert on how to be a senator. When he asked Bingaman if he was leaving because Colbert was going to be a senator, Bingaman answered earnestly, “No, I was planning to leave before you were planning to come.”

Colbert quipped, “I’ll miss you in the steam room.”

Bingaman shot back, “I agree.”

Colbert asked him how much he gets paid. Bingaman said $174,000 a year. Colbert feigned shock at how low the salary is, asking if Bingaman received food stamps. Bingaman said, “I don’t, but that’s because I have a wife who’s also been very successful in supporting our family.”

Indeed, Anne Bingaman, a lawyer, retired lobbyist and investor, has been successful. Last year, according to Bingaman’s required financial disclosure, he and his wife’s personal assets totaled somewhere between $6.8 million and $25 million. “So I should marry rich?” Colbert asked. “You need to marry rich. For sure,” Bingaman said.

Colbert asked if senators have the power to “walk up to anyone in Congress and give them a wedgie.” Bingaman responded, “Uh, yeah, I guess I do.” He didn’t elaborate.

Asked which lobbies Colbert should “roll over for in exchange for cash,” Bingaman, without flinching, said Colbert would need to figure out “who the major influence, uh, organizations are in South Carolina are and then roll over for them, I would assume.”

If Bingaman were running for anything again, an unscrupulous political consultant — not that we have any of those around here — might be able to craft an attack ad from that one.

But remember, it was only a comedy show, folks.

Blog Bonus: Here's a video of Bingaman's Comedy Central debut:

The Colbert Report	Mon - Thurs 11:30pm / 10:30c
Stephen's Appointment with Destiny - Jeff Bingaman
www.colbertnation.com
Colbert Report Full Episodes Political Humor & Satire Blog Video Archive

Bingaman's Farewell Address

Outgoing Sen. Jeff Bingaman gave his farewell address to the Senate today.

Below is the video of the speech and below that is the text of the speech.

Unlike his appearance on the Colbert Report last night, he doesn't mention the Senate steam room.

 “In 1981, in his first inaugural address, President Reagan said, ‘Government is not the solution to our problem; government is the problem.’”

“I came to the Senate two years later in 1983 with the firm belief that in most cases his statement was wrong.

“I believed then and I believe now that the federal government can be a constructive force for good; in protecting and maintaining the civil liberties of all Americans, in maintaining and strengthening our economy, in protecting our environment and in helping Americans live productive and fulfilling lives.

“As I look back over the last 30 years, many of the arguments that have consumed our time here in the Senate, whether on questions of spending or taxes or regulation or fiscal policy, have divided between those who saw government as the problem and those who believed that it could and should be a constructive force for helping the American people deal with problems. I consider myself, furthermore, in the second camp - firmly in the second camp.

“In each of the major areas of national concern I’d like to be able to report progress for the country, since I arrived in the Senate. Unfortunately, the record of progress is not so clear. In many areas we have made progress, but there are also instances where we have lost more ground than we have gained. And as issues continue to be reconsidered, I’m reminded of the well-known statement that “success is never permanent in Washington.”

“As regards our Nation's security from foreign aggression, the end of the cold war and the collapse of the Soviet Union were clearly the most positive developments that we have seen in the last 30 years.

“If the end of the cold war was the most positive national security development that I’ve witnessed since coming to the Senate, the invasion of Iraq to bring about regime change in that country was the biggest national security blunder. That blunder cost our nation dearly in servicemen and women killed and injured and in resources that should have been used to strengthen our economy here at home. Last month I was stopped by a woman in northern New Mexico who thanked me for my service in the Senate and particularly for my vote against granting President Bush authority to take our country into that war.

“The nation's fiscal policy is very much the focus of the Senate's attention in these final weeks of the 112th congress. And on this issue, again, we have made one step forward during the time I’ve been in the Senate but, unfortunately, we've taken two steps back.

“I arrived in the Senate in January of 1983 - a period of large deficits compared to anything the country had experienced for several decades. And those large deficits grew and persisted through the Reagan presidency. “In 1990, the democratically controlled congress and President George H. W. Bush made a significant step towards reining in the deficits with the Reconciliation Act of 1990. That law created the statutory PAYGO requirement. It also increased marginal rates for the wealthiest Americans, and I was proud to support the measure.

“In 1993, another major step was taken when, at the urging of President Clinton, Congress enacted the Omnibus Budget Reconciliation Act of that year, 1993. Again, that measure both raised taxes and constrained spending. It was denounced by many here in the Senate as sure to throw the economy into recession.

“In fact, just the opposite occurred, and the economy prospered. As a result of these policy changes and the strong economy of the 1990s, we enjoyed a period of balanced budgets and even surpluses in 1998, 1999, 2000 and 2001.

“Unfortunately, those surpluses were not to continue. President George W. Bush urged Congress to cut taxes and Congress was all too willing to oblige. And though I didn't support the 2001 or 2003 tax cuts, they were passed. “At about the same time that we were cutting taxes more than we could afford, we were also going to war in Afghanistan and in Iraq, and adding a new drug benefit to Medicare. No provision was made to raise revenue or cut spending elsewhere to pay for any of these mammoth undertakings. And of course the cost of health care, both the cost to government and to families and businesses to purchase private insurance, continued to grow at too rapid a pace.

“The result was a return to large deficits and, of course, those large deficits grew substantially larger because of the recession that began in December of 2007.

“Today we're trying to strengthen our economy while at the same time trying to reduce projected deficits. That long-term deficit reduction will once again require higher taxes and also new constraints on spending, and I hope that even in these final days of this 112th Congress we can reach agreement to proceed.

“In the long-standing fight to provide Americans with access to affordable health care, we have seen significant progress.

“In 1997 we enacted the Children's Health Insurance Program, which resulted in nearly 8 million American children obtaining access to health care.

“And of course, in 2010, we adopted the Patient Protection and Affordable Care Act. This unfairly maligned legislation has the promise of moving us much closer to the goal of universal health care, and I am proud to have worked with my colleagues in the Senate in writing that legislation and seeing it enacted.

“Now that the election is behind us, I hope the efforts to repeal that legislation is at an end. I hope the two parties can find ways to improve the legislation with a particular focus on better controlling the growth in the cost of health care.

“In addressing the various energy challenges facing the country, again, there's progress to report.

“In 2005 and 2007, Congress enacted major energy bills. Those bills moved us toward a better and more comprehensive national energy policy. Those bills promoted an adequate and more diverse supply of energy. They increased the efficiency and effectiveness of how we use energy in our economy. They promoted strong market reforms and consumer protections for electricity, and they struck a balance between meeting our energy goals and lessening environmental impacts of energy, including overall greenhouse gas emissions. As a result of that balanced approach, we have arrested what had been an increasing dependence on foreign oil, coupled with technological advances that have opened new sources of supply. We're headed to greater levels of energy independence than we had thought possible, even as recently as seven years ago.

“The bipartisan consensus that allowed us to enact those bills has, unfortunately, eluded us in the current Congress. I hope that in future Congresses there will reemerge a recognition that climate change is a reality, that our policies to meet our energy needs must also deal responsibly with environmental issues, including the damage caused by greenhouse gas emissions.

“As regards our nation's policy on education, the good news is that we seem to have moved past the period where the Republican nominee for President announces a commitment to eliminating the federal Department of Education.

“President Clinton deserves great credit for making the support particularly of higher education a priority of his presidency. President George W. Bush deserves credit for making a serious effort to preserve and improve elementary-secondary education.

“Although that effort has not succeeded, as many of us who supported it had hoped, I remain persuaded that the federal government needs to persist in trying to play a constructive role in improving education in this country.

“The states and local school districts deserve credit for developing and adopting the common core standards. I hope that future congresses will strongly support the steps and the funding needed to upgrade student performance by implementing those standards. President Obama and his administration have demonstrated their strong commitment to this goal.

“In addition to these areas of concern that I’ve mentioned, we have seen some progress in maintaining and advancing the science and engineering in this country. We successfully found ways to better integrate the strengths of our defense laboratories through technology transfer and partnering. We've also seen some important increases in funding for research, particularly in support of the life sciences. And that growth has stagnated in recent years. It needs to continue and be replenished. But as we continue that support, we must also recognize the need to do more to support research and development in the physical sciences and in engineering.

“One significant advance I was proud to support was the establishment of ARPA-E, the Advanced Research Projects Agency- Energy in the Department of Energy. That effort to identify and fund breakthrough science and engineering initiatives to meet our energy challenges holds great promise for our nation and for the entire world.

“We've also seen progress in providing increased protection for public lands. One particular bill in that area was the Omnibus Public Lands Bill that was passed in 2009. It added wilderness protection to over 2 million acres, it designates 1,100 miles of wild and scenic rivers, added more than 2,800 miles to the national trail system, and I was proud to be part of the effort to enact that legislation.

“Finally, I’ll make a few comments on the way that we in the Congress conduct our own business. Any fair assessment has to conclude that in this area we have lost ground in the last two decades. Public opinion of the performance of Congress is at an all-time low, and it is not hard to see why. I'll mention three obvious ways in which the functioning of Congress has worsened.

“First is the willingness of some in Congress to shut down the government. In 1995 we saw the leadership of the House of Representatives demonstrate that they considered refusing to fund the government as an acceptable bargaining ploy in their efforts to prevail in disputes with President Clinton and Democrats on spending issues.

“Since 1995, that threat to withhold appropriations has been made several more times, and as we saw then, shutting down the government is harmful, wasteful to Americans. I hope this irresponsible threat will soon be viewed as unacceptable.

“A second way the malfunctioning of Congress became clear is when in August of 2011 - just less than 18 months ago - the Republican leadership in Congress determined that another tool at their disposal was the ability to refuse to increase the debt ceiling. By doing so, they could deny the Secretary of Treasury the authority to borrow money to meet the obligations that the government had already undertaken. To my knowledge, this was the first time the Congressional leadership of one of our major parties had stated their willingness to see our nation default on its debt.

“This threat to force a default on the obligations of the federal government resulted in the sequester of government spending, which is scheduled to begin January 1. It also resulted in a downgrading of U.S. debt by one of the leading credit rating agencies.

“We now hear renewed threats to use the so-called “leverage” as a way to demand cuts in Medicare and in social security. Once again, I believe this is an irresponsible action. I hope Congress will get beyond it.

“But of course a third way in which the functioning of the Senate - not the full Congress, but the Senate - has worsened is the abuse of Senate rules allowing unlimited debate or filibusters. As the Senate currently operates, the threat of filibuster is used routinely to obstruct the Senate from doing its business, even when the issue before the Senate is relatively uncontroversial. Many times following a delay caused by obstruction, an overwhelming number of Senators will vote for the legislation or the nomination, which the Senate has been delayed in considering.

“I strongly encourage my colleagues to make the necessary changes in Senate rules to limit the ability of one or a few Senators to obstruct the Senate from doing its regular business. My colleague, Senator Udall, is here on the floor with me. He's been a leader in this effort to get these rules changed, and I commend him for that.

“So the record of our progress both as a country and as a congress over the last 30 years has been mixed. There's progress to report. I've mentioned some of that. There are also many missteps and failures that we need to acknowledge.

“My conclusion remains that many of our challenges as a nation can only be met with the help of a strong and effective national government. There are times when the actions of the government are more a problem than a solution, but there are many more occasions where enlightened action by the government is important and even essential.

“I consider it an honor and a privilege to have represented the people of New Mexico in the Senate for the last 30 years. I thank the people of my state for their confidence in electing me and supporting me during the time I have served here. I thank the very capable and committed men and women who have worked on my staff both in Washington and in New Mexico during these 30 years.

“And I thank all my colleagues here in the Senate for their friendship and help to me during this period.

“Of course I thank my wife, Anne and our son John and his wife Marlene for their support that allowed me to serve in the Senate.

“To all my friends and colleagues who will be here in the next Congress and in future Congresses, I hope you can find the common ground necessary for our country to effectively move forward and meet its challenges. The endeavor is a worthy one and I wish you every success.”