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LAS CRUCES - The retirement of Jerald Valentine, former chief judge in the 3rd Judicial District, took effect the end of December.
But it turns out he isn't quite retired after all.
Valentine got word soon after the start of the year that he's been named to preside over a single - but important - aspect of the massive Lower Rio Grande water rights adjudication case, as well as a high-profile murder trial.
The New Mexico Supreme Court designated Valentine as a pro tempore judge, a back-up who'll work on a contract basis and be paid by the hour. The court also appointed Court of Appeals Judge James J. Wechsler to take over all other aspects of the water rights case.
Valentine, 68, for years has served as the primary judge in the water rights adjudication, a proceeding determines key aspects of a water right. Prior to the end of last year, he was also the main judge overseeing the trial of three youths who've been accused of murdering Adam Espinoza near Anthony, N.M., in 2010. He'll continue in that role.
Valentine's involvement in the water case will be limited to a matter called Stream System Issue No. 101, a dispute about how much water per-acre can be used with a given right. It entails determining how much water can be applied to a crop, called the farm delivery requirement, and how much of that the crop is expected to use, the consumptive use requirement. What will be decided is a cap for combined surface and groundwater use in a given year.
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Valentine said he was selected by the Supreme Court because issue No. 101 seems to be approaching a resolution, and, because of the size and complexity of the entire Lower Rio Grande adjudication, "it's going to take Judge Wechsler some time to get into it."
Hatch farmer Jerry Franzoy, also a board member for the Elephant Butte Irrigation District, said he was disappointed to learn that Valentine decided to retire, mostly because of the background and experience he has in the adjudication case. He said the fact Valentine will stay on in some capacity is a positive.
"I know he's going to pass on everything he's built up at this time" to the new judge, he said. "I think it's going to work out OK."
Valentine's first water hearing as a pro tempore took place Thursday. Wechsler, too, hosted his first water hearing in Las Cruces.
The Lower Rio Grande adjudication case began in the mid-'80s. In August, a state official said about 31 percent of the 100,000 acres in the region had been adjudicated.
Steven Hernandez, EBID attorney, said it's a good that Valentine will still be involved.
"We're thrilled because the adjudication takes so long and there's so much history in it," he said. "The fact that he'll remain on part of it will really help everybody because he's got an engineering background and the part he remains on is technical in nature."
A trial is slated to start May 16 in the Espinoza case.
In January 2010, Espinoza, a 20-year-old college student from San Antonio, pulled into the Anthony rest stop and was murdered. His body was found in the trunk of his burned vehicle.
Three teens, Irvin Rodolfo Ramirez, Jorge M. Murillo and Javier Orozco, have been charged in the slaying. They allegedly selected Espinoza at random and killed him when he refused to turn over his belongings.
In 2008, Valentine replaced Judge Robert Robles as presiding judge of the 3rd District. He has been in practice since graduating from the University of New Mexico Law School in 1972. He practiced law in Las Cruces before moving to the bench.
Diana M. Alba can be reached at (575) 541-5443
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