Hearing in Palenick case to be rescheduled

By Eric Maddy
The SCORE

Just like your television set in a heavy storm, technical difficulties preented a hearing in the lawsuit filed by former Rio Rancho city manager Jim Palenick against his former employer, then later prevented the parties from rescheduling the case.

Wednesday's hearing was postponed when Dan Faber, Palenick's attorney, did not appear. He was stranded in Chicago overnight Tuesday when his flight from New York City to the Windy City left over an hour late due to mechanical difficulties, causing Faber to miss the last connection to Albuquerque.

Further complicating matters were phone difficulties at the Sandoval County Judicial Complex which prevented incoming and outgoing calls Wednesday morning. And attempts to reschedule later Wednesday were unsuccessful when court officials couldn't reach Randy Bartell, the Santa Fe-based lawyer representing the city, whose firm was also having phone trouble.

A court clerk for Judge George Eichwald, contacted just before 5 p.m. said she hoped to be able to reschedule the hearing for Thursday afternoon or Friday, depending on the lawyer's schedules.

After waiting for about 50 minutes after the 9 a.m. start, Eichwald appeared and said the hearing would be rescheduled. The judge indicated he was prepared to hear the case when the parties get together as opposed to simply scheduling an actual trial date.

"I am prepared and I have read the briefs," Eichwald said. "I am ready to hear this thing."

Eichwald indicated he hopes to have the hearing rescheduled very soon. He said his judicial calendar had some open spots this week and next week after other scheduled cases had been settled.

"All dressed up and no place to go," Bartell said after the hearing. "It's unfortunate that nobody could reach him (Faber), but it happens."