City Of Santa Fe Attorney Continues to Fight a Bogus Claim in Defiance of Federal Law

For Immediate Release

Albert Catanach, President
NMSurf 1308 Apache Avenue,
Santa Fe, NM 87505
Telephone: 505-986-1669

Santa Fe, New Mexico (October 4th, 2019) Santa Fe City Attorney Marcos Martinez is arguing two cases for the City of Santa Fe against NMSurf.

In one of the cases, Martinez misrepresented case law, by failing to mention that the case was overturned by the Supreme CourtMr. Catanach, President of NMSurf stated “We hope the Federal Judge will issue sanctions against the City Attorney’s office for this blatant misrepresentation of the law.  Lawyers are officers of the court and it appears that Martinez purposely misrepresented the law in hopes that the Judge or NMSurf’s lawyer would not notice.”

In a state case against NMSurf involving a Broadband Tower, City Attorney Marcos Martinez and City Attorney Zachary Shandler are defending the City from clear violations of Federal law and they refuse to concede to these violations even though they are clearly a blatant disregard of Federal Law.  In another case, the Federal Courts ruled against the City and ordered them to train their employees on the Federal Law in question Section 6409a.

Zachary Shandler quit his City Attorney Job and landed a cush State Job.  While representing the City, it was well known that Shandler was friends with Judge Thomson.  After Shandler argued that their were disputable facts, his friend Judge Thomson agreed and ordered the case to go to trial.  Shandler then changed his position and asked his friend Judge Thomson to disregard the trial and rule on summary motion.  Judge Thomson agreed and ordered the trial to be vacated before he left on appointment to the NM Supreme Court.  Mr Catanach, President of NMSurf Stated “The reason that Shandler asked the Judge to rule their are disputable facts is because Shandler failed to Motion for Summary Judgement within the district court rule timelines, but NMSurf did file for Summary Judgement.  After Shandler realized he made a mistake, he later filed a motion for summary hearing, and his friend the Judge agreed.”  During this whole process Judge Thomson refused to recuse himself, and the City Attorney’s office did not remove Shandler from the case.  Shandler  also communicated to third party citizens, via a City of Santa Fe official letter, in hopes to discredit NMSurf in violation  of the rules of professional ethics for Attorneys.

We believe City Attorney Marcos Martinez is misrepresenting his clients, you the taxpayer, and should be fired due to wasting tax payer funds.  Martinez lied to Judge Biedscheid on the record and stated that we had gone through a 332 process on our 6409a application and we did not.  Incidentally, Martinez makes $94,868.80 per year. Help us fight these corrupt bureaucrats and ask your representatives to remove them and if they will not, then vote these representatives out.

Again, we will continue to fight to expand and increase broadband in New Mexico because we are passionate about bringing better broadband where it is most needed.  For information about NMSurf, please visit our website at