Las Cruces magistrate judge candidate explains suspension on record

Other four candidates in primary have no discipline record

LAS CRUCES >> One of the five candidates for magistrate judge squaring off in the June 3 primary election has been subject to previous discipline by the New Mexico Supreme Court due to violations of the state's professional conduct rules for attorneys.

Longtime local attorney Kent E. Yalkut was suspended for a year in October 2007, according to state Supreme Court filings.

Authorities determined that Yalkut accepted money from a client but did not deposit it into a trust account as required by New Mexico attorney conduct rules. Then, the court filings state, Yalkut withdrew the money, which he had not yet earned, for personal use.

A hearing committee appointed by the state Supreme Court's Disciplinary Board recommended disbarment, alleging that Yalkut violated a number of attorney conduct rules in his dealing with the money and subsequent actions. The committee concluded he knowingly made false statements in the course of the investigation.

But the state Supreme Court disagreed, and deemed disbarment inappropriate. The reasoning: the hearing committee "did not find dishonesty on his part," according to the court filing. Instead, Yalkut "erroneously believed he was entitled to withdraw the flat fee he had deposited into his personal account."

His suspension was deferred, an administrative assistant at the state Supreme Court's Disciplinary Board said Wednesday, meaning Yalkut was allowed to practice as long has he abided by the court order. He had to pay restitution (more than $5,000) and court costs. He was also placed on probation, which required Yalkut to be monitored by another experienced attorney.

"That's the blemish," Yalkut said Wednesday, talking openly about the sanction. "Everything else has been fine."

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Las Cruces magistrate judge candidate explains suspension on record