Former Rio Communities judge named in discrimination lawsuit

RIO COMMUNITIES—A former municipal judge is the subject of a lawsuit alleging religious discrimination and retaliation.

According to a lawsuit filed on Nov. 8 with the 13th Judicial District Court against the city of Rio Communities and the judge, Chanelle Sandoval was fired from her position as municipal court clerk by former municipal judge Helen Smith, who resigned from the bench on Nov. 26, eight months after her appointment. Sandoval was hired as the court clerk in early May.

The suit alleges on May 8, Smith introduced Sandoval to a city custodian, saying the employee “doesn’t do a very good job because he’s a ...” allegedly using an offensive term to refer to a person with a mental disability. At the time, Sandoval claims she didn’t say anything but later reported the comment reportedly made by Smith to Rio Communities City Manager Martin Moore.

On May 30, while preparing paperwork for Sandoval’s swearing in, Deputy Clerk Lalena Aragon asked if she wanted the phrase “So Help Me God” included on the documents. Smith allegedly told Aragon to leave it out, noting it wasn’t on the judge’s paperwork.

“She’s not a religious person,” Smith said according to the filing. Sandoval objected, saying she does believe in God.

“Judge Smith immediately became hostile to (Sandoval), ripping the papers from her hand,” the lawsuit reads.

The next day, Sandoval reported the incident as well as Smith’s previous comment about the custodian to Moore. The manager talked with the city’s attorney, who advised all Sandoval could do was file a complaint with the New Mexico Judicial Standards Commission, since the city has “no control” over the judge.

On June 5, Sandoval told Smith she had reported her behavior, to which Smith allegedly responded, “Marty isn’t my boss.” Sandoval clarified she meant the city attorney and the Judicial Standards Commission.

“You little bitch, you’re getting suspended,” Smith told her, according to the lawsuit.

Sandoval was fired by Smith the next day, June 6, without cause.

The suit alleges Smith discriminated against Sandoval on grounds of religion and retaliation for opposition to religious and disability discrimination.

Sandoval is asking for lost, past and future compensation, non-monetary damages for emotional distress, mental anguish and damage to professional reputation and monetary losses incurred in searching for other employment.