Lawyer Draws Rebukes From Federal

Judges
Copyright © 2010 Albuquerque Journal
By Mike Gallagher
Journal Investigative Reporter
State Court of Appeals candidate Dennis W. Montoya also has run afoul of several judges in
federal court, where he has been sanctioned, fined, and had his legal ethics and competency as
a lawyer questioned.
U.S. Magistrate Judge Lorenzo Garcia sanctioned Montoya for improperly obtaining an affidavit
from an individual in violation of a court order barring Montoya from contacting the person.
Garcia’s ruling was affirmed by the 10th U.S. Circuit Court of Appeals in 1998.
U.S. District Judge James A. Parker sanctioned Montoya in a 2004 case, finding “his conduct in
this case meets the objective standard for bad faith, in that he brought federal discrimination
claims that had no basis, engaged in dilatory tactics and continues to assert meritless claims
long after it became clear that the claims had no basis.” Parker ordered Montoya to pay $6,448 to
the defendants.
U.S. District Judge Christina Armijo dismissed a 2005 civil lawsuit filed by Montoya after
concluding he was circumventing court deadlines by dismissing the case and refiling it. Armijo
commented that if Montoya’s clients had a meritorious claim, they should file a legal malpractice
lawsuit against him.
It isn’t unusual that an attorney will cross swords with judges over the course of a career, but
Montoya’s dust-up with U.S. District Judge William “Chip” Johnson last year drew an unusually
harsh rebuke.
Montoya sought to have a lawsuit removed from state court in Arizona to federal court here.
Johnson ruled the case rightfully belonged in Arizona state court.
Montoya filed a motion to have Johnson’s order thrown out and force Johnson off the case,
questioning the judge’s competency and personal bias.
Montoya also claimed someone in the judge’s office had managed to subvert the federal court’s
electronic filing system to prevent him from receiving judgments and orders filed by the court.
In that same effort to have Johnson thrown off the case, Montoya alleged a conspiracy by federal
judges not to reappoint him to a panel of attorneys who are paid to represent indigent criminal
defendants in complex felony case who can’t be represented by the federal Public Defender’s
Office.
Johnson rejected Montoya’s motion, the allegations of bias and conspiracy and sanctioned him.
He also outlined other cases in which other federal judges had sanctioned Montoya.
“The conduct of Mr. Mon toya in the case at bar, like his conduct in the three above referenced
cases where Mr. Montoya was personally sanctioned or his clients were sanctioned as a result of
actions taken by Mr. Montoya, fell well below the professional standards expected of attorneys
who practice in federal court,” Johnson wrote.
“Having failed to learn from the experiences of being sanctioned by Judge Parker, Judge Armijo
and Judge Garcia, Mr. Montoya can now add me to the list of judges who have sanctioned him.”
Johnson ordered Montoya to pay the more than $12,000, plus interest to the opposing attorneys.
Montoya appealed, and the appeal was denied.
He declined to comment for this story, saying it wouldn’t be appropriate to talk about matters
pending before the disciplinary board that handles professional complaints against lawyers.