The New Mexico Legislature is what is referred to as a “citizen’s legislature” meaning that it is not a full time, paid, professional legislature. The New Mexico convenes only once a year with sessions commencing in January.

In even number years, the legislature convenes for 30 days, known as a “short session”. The 30 day sessions are dedicated to budget legislation and the agenda is set by the “Governor’s Call”, meaning the Governor dictates was legislation can be considered. In odd number years, the legislature convenes for 60 day sessions and legislators can introduce legislation on any topic or matter they choose and not subject to the Governor’s call.

New Mexico legislators are the only state lawmakers in the country who don’t draw a salary, though they get daily payments during legislative sessions, reimbursements and the option to participate in a retirement system. This year’s daily rate, based on the federal per diem, is $173 to $202, depending on the time of year. The small pay means most legislators are retired or hold jobs that allow them to take breaks for annual sessions of 30 or 60 days in Santa Fe, in addition to less-formal meetings held throughout the year.

Democrats have solid majorities in both the New Mexico House and Senate chambers. In the New Mexico House of Representatives, there are 44 Democrats, 25 Republicans and 1 Independent. In the New Mexico Senate, there are 26 Democrats, 15 Republicans and 1 Independent.

2022 SESSION NUTSHELL LISTING OF LEGISLATION

From January 3, 2022 to January 14 legislation was allowed to be prefilled. The 2022 session began on January 18, and the deadline to file all legislation is February 2. There have been 727 bills prefilled, but only 88 of the bills have been approved for consideration.

Following is a listing of the major legislation that will be considered overt 30 days:

BUDGET

The legislature must enact a balanced budget for the fiscal year 2022-2023 that will go into effect on July 1. On January 6, 2022, Governor Michell Lujan Grisham and the Legislative Finance Committee released their separate competing state budgets for the 2022-2223 fiscal year. With the projected $1.6 Billion projected windfall, both of the proposed budgets increase total budgetary spending to $8.4 billion and provides 7% salary increases for teachers and state employees. In the Governor’s proposed budget of $8.4 billion, education accounts for more than half of it at $4.8 billion.

In addition to funding the states essential services, both the Governor’s and the LFC proposed budgets call for upwards of $2.6 billion, which is 30% of state spending, to remain in cash reserves in case projected revenue levels don’t materialize. The reason for setting aside so much in cash reserves is due to a 2017 law that has bolstered New Mexico’s “rainy day” fund by taking a certain percentage of oil and gas tax revenue in cash-flush years and setting it aside for future use, which has now paid off significantly.

Both budget proposals call for significant overall spending hikes. The governor’s proposed budget increase spending levels by $998 million or by 13.4% over current spending. The Legislative Finance Committee’s plan increases spending by more than $1 billion, or by 14%. The $8.5 Billion budget is the largest budget ever proposed in state history. Both budgets increase government spending levels by upwards of $1 billion over the fiscal year that ends June 30. Both plans represent nearly a 50% state spending growth over the last 10 years.

TAXATION

Two House Bills and three Senate Bills dealing with the taxation of Social Security retirement income have been filed already during the 30-day legislative session that started on January 18. The House Bills are House Bill 48 to exempt Social Security income from taxation. House Bill 49 which would phase in tax exemption of Social Security benefits by 2026. The Senate Bills are Senate Bill 49 that would Exempt Social Security income from taxation with certain income limits and increases tobacco tax rates to offset revenue impact, Senate Bill 108 and Senate Bill 121 with both simply exempting Social Security income from taxation.

The Governor is calling for tax relief for New Mexico families in the form of a 0.25% point decrease in the state’s gross receipts tax base rate from 5.125% to 4.875%. The state’s personal income tax is currently only levied on income above $24,800 annually for a married couple filing jointly. One major problem the Governor ignored is that each county, municipality, town and pueblos have to some extent taxing authority and they have added their own taxes on top of the state’s existing base rate of 5.125%. There are over 265 county, city, town and pueblo government gross receipts taxes with separate tax rates added the state’s rate ranging from the lowest of 5.5% (Bonita Lake, Alamardo, Lincoln County) to the highest of 9.065%. (Espanola, Santa Clara Grant (1)).

Other bills involving taxation to be considered include:

Create tax deduction for purchase of tampons and other feminine hygiene products.
Establish new income tax credit for electric vehicles.

EDUCATION

Boost starting teacher pay to $50,000 annually.
Increase stipends for those participating in teacher residency programs.
Provide funding to increase number of school nurses.
Limit increases in spending on administrative expenses so that more money goes into classrooms.
Make taking a financial literacy class a high-school graduation requirement.

ENVIRONMENT

Propose $50 million in general obligation bonds for forest thinning, watershed restoration and other conservation projects.
Approve “Green Amendment” making a clean and healthy environment a constitutional right.
Set up state reforestation center to address impact of climate change on forests.
Boost funding by $12 million for state engineer to carry out water planning, administration and management.
Add $60 million to the water trust fund.

CRIME AND PUNISHEMENT

There are two separate bills to increase the penalties for certain violent crimes. One proposal would increase sentencing for second-degree murder from 15 years to 18 years in prison and remove the statute of limitations. The second proposal would increase penalties for gun crimes, including making unlawful possession of a handgun a felony instead of a misdemeanor. The law change would also make fleeing a law enforcement officer when it results in injury a third-degree felony and a second-degree felony if it results in great bodily harm. A third-degree felony carries a basic sentence of up to 3 years in prison and a possible fine of up to $5,000. The basic sentence for a second-degree felony is up to 9 years in prison, plus a maximum fine of $10,000.

Other bills involving crime and punishment to be considered include:

Abolish life in prison without parole for juveniles sentenced as adults.
Prohibit “chop shops” that strip and dismantle stolen vehicles.
Remove statute of limitations on prosecution of second-degree murder charges.
Add more crimes to list of crimes that trigger life sentence upon third violent felony conviction.

COURTS

Dramatic changes to the states pretrial detention system are being proposed whereby those charged with violent crimes will be held without bond with a rebuttable presumption that an accused defendant is violent. It will shift the burden proof to the defendant that they are not violent. In our criminal justice system, a defendant is presumed innocent until proven guilty beyond a reasonable doubt by state prosecutors. The rebuttable presumption shifts the burden of proof from state prosecutors, who must prove a case “beyond a reasonable doubt to convict”, to the defendant who would have to show they are not a danger to the public in order to be allowed to be released pending trial. Some legislators and the defense bar have expressed strong misgivings about the proposal to make it easier for defendants charged with violent crimes to be held in jail until trial. They argue that the proposed law is an an “unconstitutional burden-shifting” and people who are presumed innocent until proven guilty should be not be denied the option of bail and not have to prove that they should get out of jail.

Other bills involving the courts to be considered include:

Allocating $45 million to bolster retirement system for judges.
Allow prison inmates age 55 and older with chronic medical conditions to apply for parole.

ENERGY

A bill that would create a legal framework for hydrogen energy development in the state. Lujan Grisham Administration government officials and the oil and gas industry contend that the development of the state’s hydrogen can provide a tool for the transition to a clean energy economy. They argue that hydrogen has many potential applications as a relatively clean-burning fuel that doesn’t emit carbon dioxide. Advocates argue hydrogen can help decarbonize transportation when electric batteries are not viable options, such as long-haul trucking, trains and planes for freight. Proponents also argue that hydrogen development could be used to produce electricity, replacing fossil fuels like coal or natural gas to run turbine generators in power plants. The hydrogen development plan does have major critics, especially New Mexico environmental groups who have become highly critical of the Governor over the issue. At issue is hydrogen’s actual ability to lower carbon emissions in the hydrogen-production process and the potential danger of applying hydrogen solutions to decarbonize energy use in areas better served by renewable resources.

Other bills involving energy issues to be consider include:

Offer income tax credits for energy storage systems.
Require extra registration fees for electric and plug-in vehicles, with revenue directed to roads improvements.
Enact new clean fuel standards.

HEALTH CARE AND COVID-19 PANDEMIC

Earmark $60 million in federal relief funds to purchase high-quality face masks and at-home COVID-19 test kits for state residents.
Expand nursing programs at New Mexico higher education institutions.
Limit an emergency declaration by the governor to 90 days unless the Legislature is called into special session to address the emergency.
Convene a task force to make recommendations for paid family and medical leave.

ETHICS AND TRANSPARENCY

The New Mexico Ethics Commission is asking for changes to state law that would require New Mexico’s citizen legislators to release more information about their sources of personal income and business relationships. It is also asking for increased transparency requirements for lobbyists. The Ethics Commission wants disclosure of what bills lobbyist are working on and if they are advocating for or against the legislation. Under the requested changes, any lawmaker to whom it would apply, would have to disclose before voting if any family member lobbied on any bill. Currently, a number of legislators are married to lobbyists thus creating appearance problem to what extent they are influencing any pending vote. The new Disclosure Act proposed outlines in great detail requirements for the disclosure of personal assets, personal debts, sources of family income over $600, including any spousal and dependent children. The new act would also require disclosure of real property or land holding ownership and values. The new disclosure requirements will cover membership in corporations and nonprofit groups, gifts of $50 or more from lobbyists and work done by the official or their spouse involving public agencies. Elected state officials, heads of state agencies, candidates and others would have to file annual disclosure statements.

Other bills involving ethics and transparency include:

Create public works commission to vet proposed capital outlay projects.
Mandate that recipients of state economic development initiatives provide more job creation data.

VOTING AND ELECTIONS

Allow 16-year-olds to vote in local elections.
Expand early and absentee voting.
Automatically restore voting rights of felons who aren’t incarcerated.
Make it easier to register to vote online.
Create option for straight-party voting.
Expand timeline for Indigenous nations to request alternate voting sites.
Make Election Day a state holiday.
Allow independent voters to participate in primary elections.

The link to news source material quoted in part is here:

https://abqjournal-nm.newsmemory.com/?special=Special+Section&selDate=20220115

LEGISLATURES THROUGH OUT THE COUNTRY

While a handful of legislatures are similar to Congress in the way the function, most are very different. In most states, legislatures meet part-time and have smaller staffs than Congress. In these states, the legislature may meet anywhere from two to six months out of the year, and in four states the legislature only meets once every other year. These bodies are considered citizen legislatures, and members receive part-time pay. Most members have another job outside of the legislature. Because of the short sessions, legislation in these states tends to move very quickly.

Ten states are considered to have full-time legislatures. These states tend to function similarly to Congress, as legislative sessions last longer, and members and their staff are usually well paid. The states with a full-time legislature are Alaska, California, Hawaii, Illinois, Massachusetts, Michigan, New York, Ohio, Pennsylvania and Wisconsin. Session length tends to vary in these states, and legislation in states with longer sessions tends to move more slowly as the legislative bodies have more time to deliberate.

Fifteen states impose term limits on members of their legislature.

There are two distinct types of term limits imposed by these states:

1. Consecutive term limits restrict the consecutive number of years a member can be in one chamber of the legislature. In these states, it is not unusual to see a member of the legislature bounce between chambers after reaching the consecutive term limit.

2. Lifetime term limits prohibit a member from running for an office they’ve held after they have served a specified number of years.

Some studies have found that lifetime limits tend to increase turnover and can limit institutional knowledge of members. Without institutional knowledge built from years serving in a legislature, the influence of long-term staff and advocates tends to increase as legislators often turn to staff and advocates for information.

A link to source material is here:

https://www.adea.org/policy/state-advocacy-toolkit/overview-of-state-legislatures.aspx#:~:text=Ten%20states%20are%20considered%20to,staff%20are%20usually%20well%20paid.

COMMENTARY AND ANALYSIS

New Mexico became a state in 1912. At that time, a part time all volunteer legislature made sense and was about all that could be expected. A full 119 years later, it no longer makes sense.

There is very little doubt that many of the listed bills and resolutions are very complicated and will no doubt generate fierce debate, but with only 30 days, there simply is not enough time. All too often, controversial bills never make it through to assigned committees and onto both chambers’ floors for final debate and enactment. With only 30 or 60 days sessions, it is very foolish to believe that part time legislators have a thorough understanding of legislation they are voting on and they are force to place too much reliance on paid full time legislature analysists.

ALBUQUERQUE JOURNAL GUEST COLUMNS

On January 19, 2022 and before on November 29, 2021, the Albuquerque Journal published guest editorial columns on the topic of the need for a full time legislature. The later was written by Albuquerque resident Jason Barker and the former was written by Hannah Burling, President of the New Mexico League of Women Voters. When read together, both columns make a compelling case as to why there is a need for New Mexico to abandon its part time legislature and create a full time, paid legislature.

JANUARY 19, 2022 GUEST COLUMN
HEADLINE: “Is a part-time NM Legislature the problem?”
BY JASON BARKER, ALBUQUERQUE RESIDENT

“How equitable and effective is New Mexico’s part-time Legislature?
It is essential that residents, officials and lawmakers focus on legislation that will make a positive difference in the lives of all New Mexicans and outcomes in New Mexico. An independent legislative improvement task force can be that positive difference.

A part-time legislature is no longer benefiting New Mexico; it’s time for reform. New Mexico is the last state in the U.S. without a (salaried) legislature (and) we are also the state – among those with many – with the most last-place rankings.

In the 2021 legislative session … lawmakers made four different attempts to pass bills to pay themselves. Before this happens, a responsible legislative body would create an independent legislative improvement task force similar to the one in 2020, House Memorial 32.

A responsible legislative body would have UNM and NMSU political science departments and other state universities conduct political science research into our citizen Legislature to determine if the current structure has been the root cause of all the problems for New Mexico in recent years. No member of the Legislature or Governor’s Office should have any say in the selection of the task force membership.
How effective is our part-time “citizen” Legislature?

For example, the 30-day/60-day style in a two-year period means it takes New Mexico almost 2.5 years to equal one year of legislative work that is done in Colorado.

It clearly appears not having a professional legislature is holding our state back. And the current structure of the legislature has evolved into a legislature of elite retirees, excluding the people the citizen legislature was intended to serve.

According to the Legislative Council Service, the most recent formal study of the legislative process was in August 2006.

The following must be considered by any task force created for this:

• Length of legislative session compared with states of similar size;
• Compensation of legislative members compared with states of similar size;
• Strategies to reduce conflicts in the legislative process;
• Staff for legislators during the session and in the interim;
• Developing a primer for citizen participation in the legislative process;
• Limiting introduction of guests and performances on the floor;
• Improving alignment of policy initiatives proposed by interim committees with the development of the general appropriation act;
• Transparent planning and prioritizing capital outlay funding; and
• Structure and efficacy of statutory and interim committees.

A report of recommendations (should be) made available to legislators and the general public by Sept. 1.
New Mexico chooses to be a very poor state, despite how cash rich the state government really is, but there’s no reason for that.

It’s the sixth-richest state in the union when it comes to natural resources, with massive potential in solar energy. So, why are we failing as a state?

It’s such a huge, beautiful state with a rich history and culture. New Mexico can proudly claim one of the most diverse landscapes in the world – just like the people that make up our great state.
Currently, our “citizen” Legislature … does not allow all citizens an equal or equitable chance to serve.”

The link to the JASON BARKER guest column is here:

https://www.abqjournal.com/2462095/is-a-parttime-nm-legislature-the-problem.html

NOVEMBER 29, 2021 GUEST COLUMN
HEADLINE: “NM needs a full-time, paid legislature”
BY: HANNAH BURLING, PRESIDENT OF THE NEW MEXICO LEAGUE OF WOMEN VOTERS.

“Now is the time to make substantial and desperately needed changes in the operation and procedures of the New Mexico Legislature.

A coalition of good government and other civic organizations, including the League of Women Voters of New Mexico, is proposing some major improvements, namely lengthening the legislative sessions, creating a salaried legislature and providing year-round staff for all legislators.

Efforts to improve New Mexico’s operations and effectiveness have been afoot for decades, in recognition that today’s Legislature faces demands not contemplated when the 1912 constitution was created. In 2007, the Legislative Structure and Process Task Force produced a report with many practical recommendations. Many of them concerned such operational reforms as increased transparency, scheduling and workload. A 2017 report by the League of Women Voters of New Mexico and Common Cause New Mexico made many similar recommendations concerning transparency and public participation, and efficiency and effectiveness.

The New Mexico Legislature will, in just a couple of months, begin its 30-day session. The Legislature meets for 60 days in odd years and 30 days in even years. During both of these sessions, the body must deal with a huge workload. In the 2019 regular 60-day session, there were 1,663 bills, memorials, joint memorials, resolutions and joint resolutions. In the 2020 regular 30-day session, they had 919 legislative items.

New Mexico has the only unsalaried legislature in the United States. Legislators receive a per diem when meeting. The legislators do receive a pension if they choose to participate. Although legislators do not receive a salary, they are expected to perform constituent services, study all legislative items, participate on interim committees and more. Legislators, other than the leadership, do not have (year-round) staff assistance to help them with the above duties.

Our legislative sessions are among the shortest in the nation, preventing many good bills from being passed. The sessions are too short to permit thoughtful study and debate on the large amount of legislation introduced. They enable delaying tactics to run out the clock, leaving many bills to die at the end of each session.

The fact that most legislators do not have staff, especially when the Legislature is not in session, limits legislators’ ability to respond to constituents. In addition, legislators lack the time, and often the expertise, to study and decide on a wide variety of topics. This increases their reliance on paid lobbyists for information on the bills.

The League and the other coalition members believe the public would benefit greatly from these reforms. Legislators will be able to perform more constituent and community services, and receive more independent research and advice on legislation. In addition, temptations for ethics violations would be reduced. Importantly, there would be potential to increase diversity in the Legislature. Currently, many prospective candidates are deterred from running for office because they have to work and don’t have jobs that allow flexible schedules.

We hope all New Mexicans will join us in advocating for these legislative improvements. Ask your legislators to enact legislation to amend the New Mexico Constitution to lengthen sessions, pay legislators and provide staff for all in order to modernize the Legislature and allow the members to perform their work more effectively.”

The link to the HANNAH BURLING guest column is here:

https://www.abqjournal.com/2449323/nm-needs-a-fulltime-paid-legislature.html
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POSTSCRIPT

NEFARIOUS HISTORY OF CORRUPT NEW MEXICO LEGISLATORS

New Mexico has had more than its fair share of public corruption scandals over the years involving State Legislators. There is no guarantee the a full time paid legislature will stop corruption 100%, but it will go along way to prevent or at least reduce it.

The rogue’s gallery of unethical conduct, fraud, theft and abuse of power and influence by New Mexico legislators includes both State Representatives and State Senators. Following are the most notable:

ANTHONY LUCERO
Anthony Lucero was an Albuquerque area state senator. In 1974, Lucero, D-Albuquerque, was convicted by a Santa Fe County jury of taking bribes to help people obtain contractor licenses from the state Construction Industries Division.

EDDIE BARBOA

Eddie Barboa was an Albuquerque area state senator. In 1975, Barboa, D-Albuquerque, was charged in federal court with possession of heroin with intent to distribute it. The government said that Barboa tried to set up a large sale of heroin with a man he thought was a New York underworld figure, but who was actually an undercover agent. Barboa said that he was trying to stop drug traffic in Albuquerque’s South Valley when he met the agent. But in two trials, Barboa got hung juries. After the second trial, federal prosecutors decided not to retry Barboa.

RON OLGUIN

Ron Olguin was an Albuquerque area state representative. In 1992, Olguin, D-Albuquerque, was sentenced to 18 months in prison after he was convicted in state District Court of soliciting a $15,000 bribe in exchange for obtaining $100,000 from the Legislature for an Albuquerque crime counseling program. Refusing to resign, he faced censure by the State House of Representatives.

MANNY ARAGON

State Senator Manny Aragon was president pro temp of the New Mexico Senate and for decades was considered one of the most powerful and influential state senators in the state history. Aragon pleaded guilty in federal court in 2008 to three felony counts of conspiracy and mail fraud and was sentenced to five and half years. All counts were related to a scheme to defraud the state of nearly $4.4 million in the construction of the Bernalillo County Metropolitan Courthouse in Albuquerque. The crimes took place while Aragon was serving as state Senate president pro-tem. In addition to his prison sentence, Aragon was fined $750,000, most of which he’d already forfeited to the government before he was sentenced, and ordered to pay at least $649,000 in restitution. He was released from federal prison in 2013.

PHIL GRIEGO

Phil A. Griego was a New Mexico State from 1996 to 2015. The 69 year old was accused of using his elected position and acumen as a real estate broker to guide the sale of a state-owned building in downtown Santa Fe through various approvals without properly disclosing his financial interest. Griego maintained he did nothing wrong in earning a $50,000 commission from buyers of the property. He resigned from the Legislature in 2015. He was convicted of fraud, bribery and felony ethical violations stemming from allegations that he used his position for personal gain has been sentenced to 18 months in prison. Griego was sentenced to a 12-year-prison sentence, but all was waived except 18 months, and he was ordered to pay $47,225 in fines and was sentenced to serve five years of supervised probation upon his release from prison.

https://abc7amarillo.com/news/local/former-new-mexico-sen-phil-griego-sentenced-to-18-months-in-prison

SHERYL WILLIAMS STAPLETON

On September 21, 2021, former state Rep. Sheryl Williams Stapleton was indicted on 28 criminal charges including racketeering, money laundering and fraud charges in connection with what prosecutors have called an elaborate scheme to financially gain from a deal she helped broker with a Washington, D.C.-based company through her position as the head of the Career and Technical Education department at Albuquerque Public Schools, her employer. According to an affidavit filed in the case, the money amounted embezzled is $954,386.04. The Former House Majority Leader could face 79 years in prison if convicted on all 28 criminal counts. She was fired from the school district. All but two of the charges are felonies, and four charges carry a sentence of nine years of imprisonment and fines up to $10,000. Many of the others carry a basic sentence of 18 months and fines not to exceed $5,000.

Links to quoted source material is here:

https://www.santafenewmexican.com/news/local_news/former-state-lawmaker-williams-stapleton-indicted-on-28-counts/article_ffba17c4-1a2f-11ec-8c45-d3b644960660.html

https://www.kob.com/albuquerque-news/former-nm-rep-sheryl-williams-stapleton-indicted-on-criminal-charges-/6243614/

https://www.santafenewmexican.com/news/local_news/officials-behaving-badly-a-look-back-at-the-misdeeds-of-new-mexico-public-officials/article_5236e7bf-293f-51dd-8f93-f7e739511697.html

On January 18, Governor Michelle Lujan Grisham delivered the annual State of the State address on the opening day of the 2022 New Mexico Legislative Session. It was her 4th State of the State address.

For the second time since the COVID-19 pandemic struck, the Governor delivered a remote speech from the Governor’s Office covering her agenda to address education, crime, taxes and several proposed health care investments.

The speech was short and lasted upwards 25 minutes in total. The speech was considered by many the best of the State of the State speeches she has given.

Major highlights of Governor Michelle Lujan Grisham’s 2022 State of the State address can be summarized as follows:

CHALLENGE TO THINK BIG WITH WINDFALL REVENUES

The Governor called upon on lawmakers to think big in a session in which unprecedented New Mexico revenue levels are expected to allow for hefty spending increases and she said in part:

“Dating back decades, a timid mindset has afflicted people in this capitol building, a pessimism that can be self-fulfilling. Thinking small is a curse. Big and meaningful changes are possible, but the biggest change may be our attitude, our perspective. At a moment in time when we have the money to do it all, let’s not limit ourselves; let’s not be unnecessarily incremental. Can’t New Mexico be a state – can’t we be the state – where everything is possible?”

Placing emphasis on the state’s $1.6 Billion projected windfall, the Governor had this to say:

“We have, right now, unimaginable financial resources at our disposal. I believe we can fulfill, once and for all, after a hundred-and-ten years of statehood, the destiny of New Mexico as a genuine homestead of the American Dream, a place where people can grow and thrive and live in peace and prosperity, where people have the resources they need to support themselves and their families. What we do here now, what we do in the coming weeks, will set the stage.”

ACCOMPLISHMENTS HIGHLIGHTED

The Governor highlighted what her administration has been able to accomplished in the last 3 years and said:

“In the last three years, this Legislature and this administration have gotten a lot done. We raised the minimum wage for the first time in a decade. We’ve guaranteed paid sick leave to every worker in the state. We made early education a key priority and have invested hundreds of millions into the future of our earliest learners. We invested in new economic sectors and we’ve sent thousands more New Mexicans of every age and background to college for free, no strings attached. And I could go on. …”

EDITOR’S NOTE: With a projected $1.6 Billion projected windfall in state revenues, the Governor’s proposed budget increases budgetary spending to $8.4 billion. It provides 7% salary increases for teachers and state employees. In the Governor’s budget of $8.4 billion, education accounts for more than half of it at $4.8 billion. Given the state’s revenue situation, the governor said her administration would earmark an additional $230 million in rent and utility assistance for low-income New Mexicans.

LEGISLATIVE AGENDA OUTLINED

Governor Lujan Grisham urged lawmakers to quickly to approve tax cuts, teacher pay increases and stiffer criminal penalties.

TAX RELIEF AND TAX CUTS PROPOSED

Addressing tax credits that have helped the poor, the Governor had this to say:

“Our expansion of the Working Families Tax Credit last year has already saved hundreds of dollars each for about a quarter of a million New Mexicans — the New Mexicans who need those savings the most. Every dollar counts when we’re trying to support the middle class, when we’re trying to help workers build careers and help families build stability.”

“Next year, a half a million more New Mexico taxpayers will benefit from these expanded credits. This has been the most significant and progressive reform of our tax code in a generation; this is real and meaningful change that helps families keep the lights on and keep food on the table. This is money that is going right back into the pocket of the single mom, the small business owner, the veteran who served our country and our state. [From] day one, I said we were gonna make this economy work for the everyday New Mexican, and we’re getting it done.”

The Governor proposed tax cuts in her speech and said this:

“Let’s cut taxes for every single person in New Mexico. We haven’t cut the sales tax in this state in 40 years. It’s only gone up and up and up, for decades, burdening New Mexico households and making it harder for our small businesses to be competitive. But under my tax cut proposal, New Mexicans would save more than 170 million dollars every year. As my colleagues from across the aisle have pointed out in years past, correctly, that money doesn’t belong in government accounts; it belongs in the pockets of hard-working New Mexicans. I agree, and I expect the Legislature to prioritize this relief.”

The Governor called for Social Security retirement income to be exempted from taxation and said this:

“New Mexico is one of only a few states that taxes social security. I am calling today for that taxation to end. We must unburden the New Mexicans who rely on social security benefits by cutting their taxes. This is good government, serving the people who have asked us to serve them. New Mexicans deserve it. Because I believe we have an obligation to find ways to make life easier for the people of New Mexico, and I will keep looking for ways to do exactly that.”

The Governor also called for tax relief for New Mexico families in the form of a 0.25% point decrease in the state’s gross receipts tax base rate from 5.125% to 4.875%. The state’s personal income tax is currently only levied on income above $24,800 annually for a married couple filing jointly.

EDITOR’S NOTE: One major problem the Governor ignored is that each county, municipality, town and pueblos have to some extent taxing authority and they have added their own taxes on top of the state’s existing base rate of 5.125%. There are over 265 county, city, town and pueblo government gross receipts taxes with separate tax rates added the state’s rate ranging from the lowest of 5.5% (Bonita Lake, Alamardo, Lincoln County) to the highest of 9.065%. (Espanola, Santa Clara Grant (1)). Albuquerque’s gross receipts tax rate is 7.8750%, Santa Fe’s gross receipts tax rate is 8.4375%, Las Cruces gross receipts tax rate is 8.3125%, Rio Rancho’s gross receipts tax rate is 7.6875%, Artesia’s gross receipts tax rate is 7.8958%, Gallup’s gross receipts tax rate is 8.3125%. The Governor’s 0.25% tax cut would reduce by one-quarter of a percentage point off the statewide rate, or enough to save a family 25 CENTS on a $100 purchase. Republican State Senator William Sharer, R-Farmington and Rep. Jason Harper, R-Rio Rancho, have repeatedly proposed overhauling the gross receipts tax code and reducing the rate. Sharer said when the governor first made the proposal that it was too small to make any real difference and said:

“While it may be a step in the right direction … it’s not tax reform. … [It] doesn’t amount to anything but a talking point.”

TEACHER SALARIES AND EDUCATION FUNDING

Addressing teacher salaries and education issues, the Governor said this:

“Let’s give every single educator in this state a 7% raise this year, minimum. That would be the biggest pay bump in recent memory, and it would put us first in the region for average educator pay. They deserve it, and we can afford it, and it’s the right thing to do. Let’s also raise the starting salaries for every tier of educators, which means some teachers will see a 20% raise this year.”

“And let me be clear: This kind of progress pays for itself. When we support educators, when we retain high-quality teachers and keep our schools brimming with talented professionals, our other strategic investments in New Mexico children and in public education are supported and sustained.”

“Our graduation rates will continue to rise. Our literacy rates will continue to improve, especially with a targeted new phonics program that we have initiated and that the Legislature must continue to support. We get more kids into high-quality apprenticeship programs and institutions of higher learning that will help them build fulfilling careers and lives. It all starts with demonstrating support and respect for our educators. …”
…

“Almost forty thousand more students receiving high-quality college education for free under my Opportunity Scholarship program means more skilled workers building 21st-century careers right here in Roswell, Espanola, Sunland Park, Rio Rancho, Chama and so many more; the intellectual infrastructure of a nationally competitive state economy is being built right here, right now, on campuses and in communities through our state.”

ECONOMIC DEVELOPMENT AND EMPLOYMENT

The Governor highlighted what has been accomplished with the state’s economy in the last year and economic development by saying:

“In the last year, we’re 11th best for job growth in the country overall. In three years, we have created over ten thousand jobs in every corner of our state; and those jobs now have an average salary better than $90,000 a year: That’s a record high, and it’s a big bright signal to other businesses, like the hundreds of businesses that have relocated here in the last three years, showing them how successful our public-private partnerships can be, and how business-friendly New Mexico is. We’re cutting red tape, and it is making a real difference for New Mexico business owners. …”

“People see the economic potential of New Mexico now; we’re creating a real pipeline of jobs and opportunity. We are the frontier of economic growth. Unlike in the aftermath of the Great Recession, we’re not gonna let the pandemic stall us and take away years of growth; we will not have another lost decade – in fact, despite the challenges of the last two years, we’ve hardly lost a step.
Unemployment has gone down every month for 10 straight months. The number of unemployed New Mexicans dropped by 5 percent in November alone. We’re expanding our economic footprint into every single community.”

EDITOR’S NOTE: The Governor highlighted the fact New Mexico’s unemployment rate has declined for 10 consecutive months and said the number of unemployed New Mexicans dropped by 5 percent in November alone. What the Governor omitted is that New Mexico has the nation’s fifth-highest jobless rate of 6.2% according to U.S. Bureau of Labor statistics.

The Governor briefly mentioned the impact of the legalization of marijuana in the state and said:

“Legal cannabis is going to create thousands of jobs and serious tax revenue for local governments to support local services in every corner of our state.”

EDITOR’S NOTE: Duke Rodriguez, president and CEO of Ultra Health, New Mexico’s largest medical marijuana company told lawmakers during legislative committee hearings that New Mexico will be “a production juggernaut” and a magnet for tourists and cannabis patients from Texas, despite federal prohibitions against transporting cannabis across state lines. Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Rodriguez, also told lawmakers that legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million.

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

She also emphasized the overhaul New Mexico’s liquor laws, saying the state was at the “frontier of economic growth.”

EDITOR’S NOTE: It was just last year during the 2021 New Mexico 60 day session that liquor license reform was enacted. It allows for home delivery of alcohol by restaurants with alcohol delivery permits issued to retailers, dispensers, craft distillers, winegrowers, small brewers and restaurant licensees. Under the new law liquor licenses are more affordable and accessible for those business owners seeking to obtain one. The legislation provides for a significant tax deduction among other protections for existing license holders in recognition of their investment. The law makes licenses more affordable and accessible while providing for a significant tax deduction among other protections for existing license holders to recognize their investment. The enacted law lifted the restrictions on alcohol sales that had been imposed on Sundays and prohibits the sale of miniature bottles of liquor for off-site consumption. Additionally, the legislation prohibits wine and spirit sales at gas stations in McKinley County.

Addressing her support for the development of the hydrogen industry, the Governor had this to say:

“…clean hydrogen will support thousands of jobs, especially in rural New Mexico, while helping us sprint toward our net-zero carbon deadlines and decarbonize the transportation sector.”

EDITOR’S NOTE: The Governor is supporting a proposed bill that would create a legal framework for hydrogen energy development in the state. Lujan Grisham Administration government officials and the oil and gas industry contend that the development of the state’s hydrogen can provide a tool for the transition to a clean energy economy. They argue that hydrogen has many potential applications as a relatively clean-burning fuel that doesn’t emit carbon dioxide. Advocates argue hydrogen can help decarbonize transportation when electric batteries are not viable options, such as long-haul trucking, trains and planes for freight. Proponents also argue that hydrogen development could be used to produce electricity, replacing fossil fuels like coal or natural gas to run turbine generators in power plants. The hydrogen development plan does have major critics, especially New Mexico environmental groups who have become highly critical of the Governor over the issue. At issue is hydrogen’s actual ability to lower carbon emissions in the hydrogen-production process and the potential danger of applying hydrogen solutions to decarbonize energy use in areas better served by renewable resources.

FUNDING FOR LAW ENFORCEMENT

The Governor specifically asked for more funding for law enforcement and said:

“I am asking the Legislature for a 19% increase in the budget of the department of public safety to fund innovative new crime fighting strategies and hundreds of new positions, including a 19% raise for our state police officers. And I am asking for 100 million to support hiring and retention efforts to get a thousand more officers in place statewide as quickly as we can. I am asking for those things because New Mexicans are asking for them.”

“New Mexico is a state that respects and supports law enforcement officers. I reject the rhetoric from Washington and elsewhere that has made public safety a political battleground. This isn’t about politics; it’s about basic human respect for one another: Respect from officers to the people they serve, and respect for officers from the communities they protect.”

CRIME AND PUNISHMENT

The Governor said New Mexico must get it crime rates under control and aggressive action is needed to do just that and she said:

“We have got to get crime under control. I don’t accept the argument that this is an issue in only one part of our state. I don’t accept that any decision-maker in this building would say that somehow this isn’t their problem. We all have a role to play in keeping New Mexico safe.”

EDITOR’S NOTE: These remarks by the Governor were a direct and unnecessary response to comments made by Democrat State Senator Joseph Cervantes, the Chairman of the Senate Judiciary committee. When the Governor unveiled her crime fighting agenda legislation, Cervantes suggested a better-funded state judicial system would do more to address crime rates than hasty changes to sentencing laws. Cervantes pointed out that violent crime rates in some parts of southern New Mexico are much lower than in New Mexico’s largest city and said:

“[Violent crime is] a problem that Albuquerque has largely created for itself. … It’s not really about changing state law.”

According to recent FBI crime statistics, New Mexico has the second-highest violent crime rate in the nation, only surpassing Alaska. In terms of per capita, the 1st Judicial District, which is Santa Fe, Los Alamos and Rio Arriba Counties, has more violent crime than in Albuquerque.

https://www.kob.com/albuquerque-news/new-mexico-leaders-advocates-insist-crime-crisis-is-statewide/6363942/?cat=500

PUBLIC SAFETY

The Governor addressed public safety as follows:

“Public safety doesn’t just exist on its own; we have to create it, and support it, and own it. So we need tougher penalties for the worst of the worst, the repeat offenders and those who have proven themselves to be a danger to our communities; I support rehabilitation and this administration has done a lot of innovative good work in that area, but at the end of the day I stand with the families and communities who have been victimized unnecessarily by the violent criminals that this system needs to secure.”

“The worst offenders, the most serious and dangerous criminals in our state, need to be behind bars, simple as that. And we are going to pass a law, this session, that will keep violent criminals behind bars until justice can be done. We will put a wedge in the revolving door of violent crime in New Mexico. The safety of our communities cannot be up for debate. A smart-on-crime approach can work; it has worked. In my first year in office, violent crime went down for the first time in 6 years: We can regain that momentum when we make sure our local communities and public safety officers have the resources and support they need.”
…
“[We must] move forward, unified, in our desire to clean up the streets of this state, to keep violent criminals behind bars, and to ensure every day that justice is done, equally, under the law.”

EDITOR’S NOTE: The Governor, prior to the session beginning, endorsed numerous increases in criminal penalties as well as embraced legislation that would make it a “rebuttable presumption” that a defendant charged with a violent crime is violent and an immediate threat to the public and should be held in jail unless the charged defendant convinces the court the defendant does not pose an immediate threat to the public.

INCREASING CRIMINAL PENALTIES

The Governor is proposing two sperate legislative actions to increase the penalties for certain violent crimes. One proposal would increase sentencing for second-degree murder from 15 years to 18 years in prison and remove the statute of limitations. The second proposal would increase penalties for gun crimes, including making unlawful possession of a handgun a felony instead of a misdemeanor. The law change would also make fleeing a law enforcement officer when it results in injury a third-degree felony and a second-degree felony if it results in great bodily harm. A third-degree felony carries a basic sentence of up to 3 years in prison and a possible fine of up to $5,000. The basic sentence for a second-degree felony is up to 9 years in prison, plus a maximum fine of $10,000.Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association responded to the Governor by saying studies have shown that there is no evidence that keeping people in jail for a longer period of time makes them less likely to commit a crime when they are released and said:

“In fact it’s the exact opposite. … The longer people are traumatized and are in prison the more likely they are to be unstable when they come back into the community.”

https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/new-mexico-felony-class.htm

REBUTTABLE PRESUMPTION

In our criminal justice system, a defendant is presumed innocent until proven guilty beyond a reasonable doubt by state prosecutors. The rebuttable presumption shifts the burden of proof from state prosecutors, who must prove a case “beyond a reasonable doubt to convict”, to the defendant who would have to show they are not a danger to the public in order to be allowed to be released pending trial. Some legislators and the defense bar have expressed strong misgivings about the proposal to make it easier for defendants charged with violent crimes to be held in jail until trial. They argue that the proposed law is an an “unconstitutional burden-shifting” and people who are presumed innocent until proven guilty should be not be denied the option of bail and not have to prove that they should get out of jail.

HEALTH CARE DELIVERY

The Governor addressed health care delivery through out the state and said:

“We all want safe communities. And we all want healthy communities. This administration has made important strides: We have capped costs for life-saving medications, we’ve protected safeguards for those with pre-existing conditions, we’ve invested in affordable care for thousands of lower-income families, we have eliminated co-pays for behavioral health services and we’ve begun the great task of rebuilding a mental health care infrastructure that was decimated.

But, still, too many people, especially people in the rural areas of our state, don’t have timely access to the health care they need – or access at all. Every community deserves high-quality care. I propose a new Rural Health Care Delivery Fund that will provide bridge financing to communities that have been waiting for assistance to kickstart construction without massive upfront costs; state government can help fill these gaps.

With interventions like these, communities like those in Valencia County are moving toward securing a brand new hospital, after years of delays. And with investments like those I have proposed in my executive budget, we will put tens of millions of dollars into new behavioral health services, expanding access to treatment for substance abuse, suicide interventions and more. New Mexicans call me about this issue more than almost any other, and we will answer that call.

We can and must ensure that kind of service-delivery is available throughout the state – we have the resources to do so. That means endowing our medical school with 10 million dollars, ensuring that we keep our best and brightest here to provide care for New Mexicans after they graduate. That also means endowing our nursing school with the power of the state, ensuring more highly skilled professionals enter this all-important field. And it means, once and for all, delivering the health care families in the rural parts of our state still desperately need.”

GOVERNOR CALLS FOR DRAMATIC EXPANSION OF CARE GIVER SUPPORT

One major program that was downplayed by the media was the Governor’s call for a dramatic expansion of funding for New Mexico’s caregivers to the elderly naming it New Mexi-Care and help for veterans. The Governor stated:

I propose a dramatic expansion of the state program that directly supports caregivers; what that means is we are going to pay families who are doing the work of taking care of their elderly loved ones, regardless of Medicaid eligibility. Let’s call it New Mexi-Care, and let’s make it a model program for the rest of the country. This is an investment in people that goes well beyond politics or any one politician; this is the kind of investment that can be and should be a lasting service, one that reflects our shared values as a state. In this state, we provide for and care for our parents, our grandparents, our disabled loved ones.

This state government, under my leadership, will help provide for that care, unequivocally. Caregiving is a full-time job, I know it first-hand; and we respect working people in New Mexico. Let’s invest in the dignity of our elders, and of their families, by helping caregivers and those they care for stay in their homes with the financial support they need.

On the same note, it is time that we build a new veterans home – a state-of-the-art independent assisted-living facility for those who sacrificed to protect our freedoms. The original building on the campus in T or C was built in 1936. I think it’s time for an upgrade. So I am calling for 60 million dollars, which we will leverage with an additional $60 million from the federal government, to build the kind of modern facility our veterans, and their families, deserve. We’re going to get it done.

INSPIRATIONAL REMARKS AND CONCLUSION

Governor Lujan Grisham said in part and concluded by saying:

The state of our state is ready to move forward. Ready to rise. We have all the tools we need. My vision is this: Communities all across our state where families aren’t worried about the next bill, or their kids’ future, or a job market or health care system that doesn’t quite seem to work for them. My vision is a New Mexico where the founding ideals of this great country – equal opportunity and justice for all – are made real, and meaningful; where the pursuit of happiness is more than a phrase from a dusty piece of paper; it’s something tangible, something everyone can actually feel.
…
Once again, this incredible state, our home, is on the precipice of momentous positive change. I said that three years ago when I first swore an oath to carry out the duties of this office to the best of my ability. It’s been true every day since then. If anything, the opportunity has grown, has multiplied exponentially; the sun is rising on a pivotal day, and I believe everything and anything is possible.
…
So for the next 30 days, let’s be aggressive on behalf of the New Mexicans we’re all here to serve. Let’s remember who benefits from good public service. It’s not about politics, it’s about community: Your community; our community; the families and workers and seniors and parents who just want to live in peace, and with dignity, confident in the promise of tomorrow and the stability of today. We’ve made so much progress. Let’s make sure New Mexicans feel it. Let’s go above and beyond and embrace the potential of this pivotal moment in time.”

The Youtube link to the entire state of the state speech is here:

https://www.youtube.com/watch?v=b0x_nGsT0WI

A link to the transcript to the speech is here:

https://www.krqe.com/news/politics-government/legislature/new-mexico-governor-to-deliver-state-of-the-state-address/

REPUBLICANS REACT

After the speech, Republicans held a news conference to voice their reaction to the Governor’s speech. Not at all surprising, Republicans reacted in a negative way. Top-ranking Republicans went so far as to accuse Lujan Grisham of shifting her priorities, especially on crime, all because it is an election year.

New Mexico’s Republican Party Chairman Steve Pearce, who lost to Lujan Grisham 3 years ago, said her policies have not yielded results, despite spending increases over the last three years and he said:

“This governor needs to take a serious look at what is happening around New Mexico before taking another band-aid approach to fixing our crises.”

Republican Senate Minority Leader Greg Baca of Belen suggested a record-high homicide count in Albuquerque last year was specifically behind the governor’s call for a change to New Mexico’s bail reform law and a push for 19% pay raises for State Police officers. Baca put it this way:

“The bar stands at 117 murders in Albuquerque – then we’re going to do something.”

House Republican Floor Leader James Townsend of Artesia took the “smart-ass” approach and said:

“I thought for a minute she actually became a Republican for the election cycle.”

Hobbs Republican State Senator Gay Kernan said the governor pitched several ideas she considered “generational” in change, but she could not resist giving credit to those who she feels will be paying for the programs and said:

“We’ve got great promise in this state, along with great revenues, and I just want to stand here today, representing the oil and gas industry in my particular region, to say thank you to that industry for providing the resources that will allow many of the things that we can consider during this session. … I want to recognize what they are contributing to this state, and I hope everybody on this floor will remember that every time we vote to produce a new program or to fund a new program.”

DEMOCRATS REACT

The Governors State of the State Address was generally well received by Democrats, with a few expressing concerns about the legislation that would make it a “rebuttable presumption” that a defendant charged with a violent crime is violent and an immediate threat to the public and should be held in jail pending trial. Albuquerque Democrats have largely expressed support for the crime-related proposals, which also include retention bonuses for law enforcement officers and creation of a $100 million fund to help hire more officers.

House Speaker Brian Egolf, D-Santa Fe, for his part had this to say:

“We have in New Mexico everything we need to build a great future for our state.”

COMMENTARY AND ANALYSIS

At the very beginning of her State of the State address, the Governor said:

“I know there is a temptation to view today as the opening kickoff of a big game, or the launch of some great battle. Some will describe it that way. But I encourage you to do what you can to resist the perception of a “competition,” to avoid feeding a plotline that would pit one team against another. This isn’t the sports page. We’re all here to do the people’s business. It’s a sacred thing. And we’re all on the same team today – and in fact every day.”

Despite the Governor’s opening comments, all Governor Lujan Grisham gets from Republican leadership are “smart ass” remarks and political posturing, but what else can you expect from Der Führer Trump Republicans.

Links to related blog articles are here:

Making Sausage: Legislative Agenda for 2022 NM Legislature Includes Controversial Legislation; Pre-Trial Detention, Hydrogen Development Legislation, Ethics Disclosure By Legislators And Lobbyists, Election Law Changes

Governor MLG’s Crime Fighting Proposals Place Too Much Emphasis On Punishment Ignoring Intervention, Diversion And Behavioral Health Care And Rehabilitation

There is a very old saying in politics: “If you like laws and sausages, you should never watch either one being made” meaning the legislative process, though messy and sometimes unappetizing, can produce healthy, wholesome results or the sausage can make you sick to your stomach.

New Mexico’s Great Sausage factory known as the New Mexico legislature begins on Tuesday January 18, at 12 Noon, for the 2022 New Mexico Legislature as it convenes for its biennial 30-day legislative session commonly referred to as the short session. The legislation considered are limited to budgetary and revenue bills and other issues subject to the Governor call, or issues the Governor orders placed on the legislative agenda for the legislature consider.

Democrats have solid majorities in both the New Mexico House and Senate chambers. In the New Mexico House of Representatives, there are 44 Democrats, 25 Republicans and 1 Independent. In the New Mexico Senate, there are 26 Democrats, 15 Republicans and 1 Independent.

From January 3, 2022 to January 14 legislation was allowed to be prefilled. The session begins on January 18, and the deadline to file all legislation is February 2. There have been 727 bills prefilled, but only 88 of the bills have been approved for consideration.

The blog article provides a listing of the legislation as gleaned from news reports and pre-filings by individual legislators before the session begins.

COMPETTING BUDGETS RELEASED

On Thursday, January 6, 2022, Governor Michell Lujan Grisham and the Legislative Finance Committee released their separate competing state budgets for the 2022-2223 fiscal year. With the projected $1.6 Billion projected windfall, both of the proposed budgets increase total budgetary spending to $8.4 billion and provides 7% salary increases for teachers and state employees. In the Governor’s proposed budget of $8.4 billion, education accounts for more than half of it at $4.8 billion.

In addition to funding the states essential services, both the Governor’s and the LFC proposed budgets call for upwards of $2.6 billion, which is 30% of state spending, to remain in cash reserves in case projected revenue levels don’t materialize. The reason for setting aside so much in cash reserves is due to a 2017 law that has bolstered New Mexico’s “rainy day” fund by taking a certain percentage of oil and gas tax revenue in cash-flush years and setting it aside for future use, which has now paid off significantly.

Both budget proposals call for significant overall spending hikes. The governor’s proposed budget increase spending levels by $998 million or by 13.4% over current spending. The Legislative Finance Committee’s plan increases spending by more than $1 billion, or by 14%.

The $8.5 Billion budget is the largest budget ever proposed in state history. Both budgets increase government spending levels by upwards of $1 billion over the fiscal year that ends June 30. Both plans represent nearly a 50% state spending growth over the last 10 years.

Both budget plans provide more money to hire additional law enforcement officers, reduce a waiting list for a state program for individuals with developmental disabilities and expand early literacy initiatives. Other increases in funding will target replacing one-time funding for Medicaid spending that will expire in April 1, 2022.

The link to the related blog article is here:

https://www.petedinelli.com/2022/01/10/governor-and-legislative-finance-committee-release-competing-budgets-for-2022-legislative-session-both-budgets-place-emphasis-on-public-education-teacher-pay-state-workers-pay-public-safety/

CRIME FIGHTING LEGISLATION

On January 13, Governor Michell Lujan held a press conference with both Democrat and Republican legislators, Attorney General Hector Balderas, DA Raul Torrez, Mayor Tim Keller, New Mexico State Police Chief Tim Johnson and APD Chief Harold Medina and unveiled what she termed as “tough on crime” proposals for the 2022 New Mexico Legislative session. The crime fighting proposals include increasing penalties for gun and certain violent crimes, adding new rules to what judges may consider before letting criminals out of jail ahead of trial and raising state police officers pay.

The link to a related blog article entitled “Governor MLG’s Crime Fighting Proposals Place Too Much Emphasis On Punishment Ignoring Intervention, Diversion And Behavioral Health Care And Rehabilitation” is here:

https://www.petedinelli.com/2022/01/17/governor-mlgs-crime-fighting-proposals-place-too-much-emphasis-on-punishment-ignoring-intervention-diversion-and-behavioral-health-care-and-rehabilitation/

REBUTTABLE PRESUMPTION OF BEING VIOLENT

A bill sponsored by Democrat State Rep. Marian Matthews of Albuquerque would make it a “rebuttable presumption” that a defendant charged with a violent crime is violent and an immediate threat to the public and should be held in jail unless the charged defendant convinces the court the defendant does not pose an immediate threat to the public. As of the opening day of the legislative session, the bill had not been pre filled and was yet to be introduced. Matthews has until February 2 to file the bill.

At the very heart of the proposed changes to the existing pretrial detention process is the current bail reform law approved in 2016. The Governor wants the courts to put in jail until trial individuals who have been charged with violent crimes.

Under the current reform state law, prosecutors are required to convince a judge in an evidentiary hearing that a charged defendant poses and immediate threat of violence to the public and to hold the defendant in jail until trial and not allow bond. The bill sponsored by Democrat State Representative Marian Matthews of Albuquerque would make it a “rebuttable presumption” that a defendant charged with a violent crime is violent and should be held in jail unless the charged defendant convinces the court the defendant does not pose an immediate threat to the public.

The rebuttable presumption bill essentially shifts the burden of proof from state prosecutors, who must prove a case “beyond a reasonable doubt to convict”, to the defendant who would have to show they are not a danger to the public in order to be allowed to be released pending trial. A defendant may feel that they must waive their constitutional right to remain silent and take the stand to show that they are not violent allowing the prosecution to cross examine and solicit testimony that could be used during a trial to get a conviction. The prosecution would still have to file pretrial motions in order for people to be held.

According to the Governor:

“This puts a wedge in this revolving door. … It doesn’t minimize our constitutional responsibilities to every single New Mexican irrespective of their income but it also makes really clear that the constitutional right to be safe in your home and communities is also an area that we must maintain and do something significant about.”

A link to the quoted material is here:

https://www.abqjournal.com/2461187/gov-unveils-tough-on-crime-proposals.html

DEFENSE BAR RESPONDS TO REBUTABLE PRESUMPTION LAW

“The Law Offices of the Public Defender found that 22% of defendants who were held pending trial did not end up being convicted of the crime for which they were locked up. Of the 2,129 cases – where detention motions were granted – that were resolved by the end of 2020, 476 ended without a conviction. That number does not include cases that were turned over to federal prosecutors, were dismissed because of pleas in other cases or where the defendant was found incompetent, or where the defendant died.”

In otherworld’s, people who were charge with a crime sat in jail for weeks, perhaps months, without ever being found guilty only to be released because prosecutors did not go to trial with charges dismissed

The link to the quoted source material is here:

https://www.abqjournal.com/2462114/stakes-high-for-those-held-prior-to-trial.html

Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association responded to the proposed “rebuttable presumption” law by saying the proposal is absurd and she said:

“I think it’s an unconstitutional burden-shifting. … If the state’s going to make the allegations, then they need to be the ones to prove it. … We know that a very few number of cases where people were released, even though a preventative detention motion was filed, a very few number of people have gone out to commit new violent crimes… .”

Burrell said that case law in New Mexico requires the state to prove that a defendant is dangerous to the community. But once many of these cases get into the trial process, prosecutors just don’t work the cases, and so the defendant needlessly sits in jail.

Jonathan Ibarra is the vice president of the New Mexico Criminal Defense Lawyers Association. He has been a public defender for eight years, but before that, he was a prosecutor for about 12 years and a district court judge in Bernalillo County. Ibarra had this to say:

“I don’t think that people who are presumed innocent should have to prove that they should get out of jail. … Shifting the burden onto primarily poor people, primarily people of color, to somehow prove a negative, to prove that they’re not going to do something bad. I don’t know how you prove a negative. … This whole [criminal justice] system is predicated on innocent until proven guilty… We don’t get to punish people because of something we think they did. You have to prove it and proving it means actually proving it – it doesn’t mean keeping somebody sitting in jail as some sort of other fix.”

The links to quoted source material is here:

https://sourcenm.com/2022/01/12/proposal-to-erode-bail-reform-gaining-steam/?fbclid=IwAR3tMg35KHrO8Y0ujuvcZNW_jRi-vi1jwWyfJjuII5aBqyHAzSippgCR30I

https://www.abqjournal.com/2462114/stakes-high-for-those-held-prior-to-trial.html

The link to a related blog article is here:

https://www.petedinelli.com/2022/01/17/governor-mlgs-crime-fighting-proposals-place-too-much-emphasis-on-punishment-ignoring-intervention-diversion-and-behavioral-health-care-and-rehabilitation/

OTHER CRIME LEGISLATION LISTED

There are 8 other crime bills that have been prefilled that are worth noting. They are as follows:

HOUSE BILL 16 is sponsored by Albuquerque Democrat Miguel P. Garcia. It will appropriate $5 million to the Crime Victims Reparations Commission to fund advocates for victims of gun violence and violent crime.

HOUSE BILL 26 is sponsored by Albuquerque Republican State Representative Bill Rehm who is retired law enforcement. The bill will make carrying a firearm while trafficking a drug a third-degree felony. A third-degree felony carries a basic sentence of up to 3 years in prison and a possible fine of up to $5,000.

HOUSE BILL 28 would increase the penalty for a felon possessing a firearm.

HOUSE BILL 29 would define “organized retail crime” in the criminal code.

HOUSE BILL 31 would expand the types of felony convictions that qualify for life imprisonment under the state’s three strikes law, so narrow it has never been used.

HOUSE BILL 53 is sponsored by Albuquerque Republican Bill Rehm. The bill would strengthen courts authority to issue a warrants to conduct chemical tests for those suspected of operating a vehicle while under the influence of alcohol or drugs.

HOUSE BILL 64 is sponsored by Albuquerque Democrat Miguel P. Garcia. It would stiffen sentencing enhancements for brandishing a firearm.

SENATE BILL 1836 is sponsored by Republican Rio Rancho Senator and Minority Whip Craig Brandt and it makes it a fourth-degree felony to make a shooting threat. A fourth degree felony carry’s a basic sentence of 18 months in jail and a fine up to $5,000.

HYDROGEN ENERGY DEVELOPMENT LEGISLATION

Lujan Grisham has said she will push lawmakers to enact new clean fuel standards and pass a requirement New Mexico reach net-zero carbon emissions by 2050.

The $1.2 trillion federal infrastructure bill, approved by the U.S. Congress and signed into law last year by President Joe Biden, includes $8 billion to build four initial “hydrogen hubs” around the country. It also includes $1 billion in federal assistance for hydrogen-technology research and development.

The Governor is supporting a proposed bill that would create a legal framework for hydrogen energy development in the state. Lujan Grisham Administration government officials and the oil and gas industry contend that the development of the state’s hydrogen can provide a tool for the transition to a clean energy economy. They argue that hydrogen has many potential applications as a relatively clean-burning fuel that doesn’t emit carbon dioxide. Republican Aztec State Senator Steve Neville, R-Aztec said hydrogen development would be a boon for northwest New Mexico. The northwest of the state produces large amounts of natural gas but there has been a dramatic decline in residents in recent years and the area is facing the closure of the coal-powered San Juan Generating Station.

Advocates argue hydrogen can help decarbonize transportation when electric batteries are not viable options, such as long-haul trucking, trains and planes for freight. Proponents also argue that hydrogen development could be used to produce electricity, replacing fossil fuels like coal or natural gas to run turbine generators in power plants.

The hydrogen development plan does have major critics, especially New Mexico environmental groups who have become highly critical of the Governor over the issue. At issue is hydrogen’s actual ability to lower carbon emissions in the hydrogen-production process and the potential danger of applying hydrogen solutions to decarbonize energy use in areas better served by renewable resources.

Western Environmental Law Center Executive Director Erik Schlenker-Goodrich but it this way:

“Methane-based hydrogen production is a very risky investment bet with state resources or private-sector capital … hydrogen may be cost competitive in the short-term, but that could be reversed by 2030 compared with green hydrogen. We could invest billions in New Mexico in a scheme that could be outdated by other technologies in a decade.”

ENVIRONMENTALISTS PREFER BLUE VERSUS GREEN HYDROGEN

“Blue” hydrogen refers to a process that captures and sequesters carbon emissions released during production. That’s considered to be a step above “gray” hydrogen production, which uses the same process but simply vents those emissions into the atmosphere with no effort to capture and sequester them.

Environmentalists prefer “green hydrogen,” which uses renewable generation from solar or wind to power a process known as electrolysis. That process pulls hydrogen molecules from water, with no carbon emissions. But green production is still too expensive for widespread deployment, and the technology cost isn’t expected to drop enough for large-scale commercialization until the 2030s.

Environmentalists also fear the emerging focus on hydrogen could derail the accelerated adoption of renewable generation now underway nationwide as policymakers and investors pursue massive hydrogen development rather than pushing full speed ahead on solar, wind and battery-storage technology.”

The link to quoted news source material are here:

“New Mexico Legislative Guide”, page 14 and 15:

https://abqjournal-nm.newsmemory.com/?special=Special+Section&selDate=20220115

“Ready or not its legislative time”

https://www.abqjournal.com/2461690/ready-or-not-its-legislative-session-time.html

ELECTION LAW CHANGES

On January 6, Governor Michelle Lujan Grisham and Secretary of State Maggie Toulouse Oliver announced their support for enactment of major changes in the state’s election laws by the 2022 New Mexico legislature.

The Governor’s and Secretary of State’s joint proposals include the following:

• Increasing voter access by extending the early voting period through the Sunday before Election Day, designating Election Day as a state holiday, and allowing 16- and 17-year-olds to participate in local elections;
• Creating a permanent absentee voter list that allows individuals to voluntarily receive mail ballots for each election without needing to make individual requests;
• Expanding online voter registration opportunities by allowing individuals without MVD-issued ID to register online using their full social security number;
• Extending the timeline for mailing ballots to voters to 35 days before an election and extending the deadline for accepting voted ballots to 7 p.m. the Friday after an election to accommodate for mail delivery time;
• Supporting Native voting access by expanding the timeline for indigenous nations, tribes, and pueblos to request alternate voting sites;
• Improving automatic voter registration by adopting a system that provides a mechanism for eligible individuals to become automatically registered to vote upon completing a transaction at the Motor Vehicle Department;
• Enabling nominating petition signatures to be securely submitted electronically;
• Automatically restoring the voting rights of those convicted of a felony who are not currently incarcerated; and
• Creating an option to vote a straight party ballot.

The link to a relate blog article is here:

https://www.petedinelli.com/2022/01/14/gov-mlg-and-secretary-of-state-toulouse-oliver-announce-election-law-changes-some-good-some-bad-some-questionable-like-giving-16-year-olds-right-to-vote/

NEW MEXICO ETHICS COMMISION DISCLOSURE ACT

In its 2021 annual report released in December, the State Ethics Commission, called the state’s existing disclosure law for income received by public officials “vague and undemanding.” As it stands now, state lawmakers face broad requirements for disclosing income sources over $5,000. Many draw income from a law firm, farming and ranching, or similarly general categories. The commission now wants to repeal the old law and replace it with the commission’s proposed Disclosure Act.

NEW DISCLOSURE ACT REQUIREMENTS OF LEGISLATORS

Specifically, the Ethics Commission is asking for changes to state law that would require New Mexico’s citizen legislators to release more information about their sources of personal income and business relationships. It is also asking for increased transparency requirements for lobbyists. The Ethics Commission wants disclosure of what bills lobbyist are working on and if they are advocating for or against the legislation.

Under the requested changes, any lawmaker to whom it would apply, would have to disclose before voting if any family member lobbied on any bill. Currently, a number of legislators are married to lobbyists thus creating appearance problem to what extent they are influencing any pending vote.

The new Disclosure Act proposed outlines in great detail requirements for the disclosure of personal assets, personal debts, sources of family income over $600, including any spousal and dependent children. The new act would also require disclosure of real property or land holding ownership and values.

The new disclosure requirements will cover membership in corporations and nonprofit groups, gifts of $50 or more from lobbyists and work done by the official or their spouse involving public agencies. Elected state officials, heads of state agencies, candidates and others would have to file annual disclosure statements.

NEW DISCLOSURE ACT REQUIREMENTS OF LOBBYISTS

The new Disclosure Act requirements are designed to shed light on potential conflicts of interest given the fact lobbyists play a crucial role in shaping legislation.

A report by New Mexico Ethics Watch released in 2020 found that 34 former legislators who either retired or who were defeated worked as lobbyists and that another six lobbyists were spouses or relatives of legislators.

Under the new law, lobbyists would have to file 2 separate reports during legislative sessions outlining what bills they are working on, their position on the bills and specific provisions they supported or opposed within the legislation.

The Ethics Commission is proposing a two-year ban on ex-legislators and other state officials from becoming paid lobbyists after they leave public service. “Revolving door” bans have failed to get legislative approval for many years.

The link to a related blog article is here:

https://www.petedinelli.com/2022/01/12/states-ethics-commission-proposes-new-disclosure-act-rogues-gallery-of-corrupt-new-mexico-lawmakers/

NUTSHELL LISTING OF ISSUES

On January 15, the Albuquerque Journal published a 20 page insert entitled “New Mexico Legislative Guide” with lengthy articles on the various issues to be considered during the session. The link to the Albuquerque Journal “New Mexico Legislative Guide” is here:

https://abqjournal-nm.newsmemory.com/?special=Special+Section&selDate=20220115

Pages 10 and 11 of the Journal “New Mexico Legislative Guide” contains a “nutshell” listing of “ISSUES AT STAKE” and is an excellent summary as follows:

BUDGET/TAXES

■ Eliminate the tax on Social Security benefits for all but the wealthiest New Mexicans and offset the lost revenue with a tobacco tax increase.
■ Reduce the state’s gross receipts tax base rate by 0.125 percentage points.
■ Create tax deduction for purchase of tampons and other feminine hygiene products. Establish new income tax credit for electric vehicles.

EDUCATION

■ Boost starting teacher pay to $50,000 annually.
■ Increase stipends for those participating in teacher residency programs.
■ Provide funding to increase number of school nurses.
■ Limit increases in spending on administrative expenses so that more money goes into classrooms.
■ Make taking a financial literacy class a high-school graduation requirement.

ENVIRONMENT

■ Propose $50 million in general obligation bonds for forest thinning, watershed restoration and other conservation projects.
■ Approve “Green Amendment” making a clean and healthy environment a constitutional right.
■ Set up state reforestation center to address impact of climate change on forests.
■ Boost funding by $12 million for state engineer to carry out water planning, administration and management.
■ Add $60 million to the water trust fund.

CRIME

■ Abolish life in prison without parole for juveniles sentenced as adults.
■ Prohibit “chop shops” that strip and dismantle stolen vehicles.
■ Remove statute of limitations on prosecution of second-degree murder charges.
■ Add more crimes to list of crimes that trigger life sentence upon third violent felony conviction.

COURTS

■ Change state’s pretrial detention laws to make it easier for individuals charged with violent crimes to be kept in jail until trial.
■ Spend $45 million to bolster retirement system for judges.
■ Allow prison inmates age 55 and older with chronic medical conditions to apply for parole.

ENERGY

■ Establish legal framework for making New Mexico a hydrogen energy hub.
■ Offer income tax credits for energy storage systems.
■ Require extra registration fees for electric and plug-in vehicles, with revenue directed to roads improvements.
■ Enact new clean fuel standards.

HEALTH/ COVID-19 PANDEMIC

■ Earmark $60 million in federal relief funds to purchase high-quality face masks and at-home COVID-19 test kits for state residents.
■ Expand nursing programs at New Mexico higher education institutions.
■ Limit an emergency declaration by the governor to 90 days unless the Legislature is called into special session to address the emergency.
■ Convene a task force to make recommendations for paid family and medical leave.

ETHICS/TRANSPARENCY

■ Require legislators and lobbyists to disclose more information, including lawmakers’ sources of personal income.
■ Create public works commission to vet proposed capital outlay projects.
■ Mandate that recipients of state economic development initiatives provide more job creation data.

VOTING/ELECTIONS

■ Allow 16-year-olds to vote in local elections.
■ Expand early and absentee voting.
■ Automatically restore voting rights of felons who aren’t incarcerated.
■ Make it easier to register to vote online.
■ Create option for straight-party voting.
■ Expand timeline for Indigenous nations to request alternate voting sites.
■ Make Election Day a state holiday.
■ Allow independent voters to participate in primary elections.

COMMENTARY AND ANALYSIS

It is clear that the 2022 legislative session has its work cut out for it. What is also clear is that with only 30 days allowed for the session many of the bills will die in committee and never be enacted for the Governor’s signature. After the session ends, then and only then will the public know if it has produced healthy, wholesome sausage or sausage that will make us all sick to our stomachs.

On January 12, it was reported in Albuquerque that 2 men were shot dead in separate incidents, and a third person was found lifeless in an alleyway in less than 12 hours. By Thursday afternoon, all three were being investigated as homicides and no arrests had been reported. There were 14 homicides in January 2021, the most of any month of last year, and the annual record was shattered by year’s end, with 117 homicides.

https://www.abqjournal.com/2460901/apd-investigating-homicide-in-southwest-albuquerque-2.html

GOVERNOR MLG ANNOUNCES CRIME FIGHTING PROPOSALS FOR 2022 SESSION

On January 13, as if on que to react to the 3 murders reported the day before, standing in the parking lot of a cleaning, alterations and repairs shop on Zuni near San Mateo and in front of a mural dedicated to people lost to gun violence, Governor Michelle Lujan Grisham, both Democrat and Republican legislators, Attorney General Hector Balderas, Bernalillo County District Attorney Raul Torrez, Mayor Tim Keller, New Mexico State Police Chief Tim Johnson and APD Chief Harold Medina unveiled what they termed “tough on crime” proposals for the 2022 New Mexico Legislative session that begins on Tuesday, January 18. The crime fighting proposals include increasing penalties for gun and certain violent crimes, changing the rules to what judges may consider and shifting the burden of proof before letting criminals out of jail ahead of trial and raising state police officers pay along with recruitment of 100 more sworn police.

https://www.krqe.com/news/governor-state-city-leaders-to-announce-crime-fighting-priorities/

During the news conference, the Governor said she is well aware New Mexicans are fed up with crime in the state and she, along with lawmakers and state leaders in attendance, said something needs to be done now to change things. They all acknowledge that violence is a problem throughout the state.

Gov. Michelle Lujan Grisham said this:

“This is not just an Albuquerque issue, this is a state issue, this is a neighborhood by neighborhood, community by community issue. … New Mexico can, and will, do better.”

Attorney General Hector Balderas put it this way:

“An officer was shot in Farmington, a baby dumped in a dumpster in Hobbs, three shootings last night and Albuquerque [are examples of the violence.] … This plan targets repeat violent offenders, gun violence, and more importantly, prioritizes victims and their families.”

Bernalillo County District Attorney Raul Torrez was even more aggressive with his comments and said:

“The people of the state, the people of my community, are fed up. They’re sick and tired of violent crime. They’re sick and tired of a criminal justice system that doesn’t protect them, that doesn’t work on their behalf.”

State Representative Marian Matthews (D) Bernalillo County had this to say:

“There are too many people in our city who are dying or being injured because of the violence that is happening in our city.”

Mayor Tim Keller for his part said given Albuquerque’s position in the crossroads of the state, it needs help in addressing its issues and he said:

“[The Albuquerque Police Department] has made a number of changes and we’re doing a lot of things different when it comes to investigations with the DA’s office. … We’re doing a lot of things different when it comes to auto theft and working with our statewide partners, and when it comes to shoplifting with the attorney general. But we also know we need some help from the Legislature. That’s what we’re so excited about here today.”

The New Mexico State House Republicans sent out a statement in response to the Governor’s proposals:

“Hopefully with the governor now taking Republican crime proposals seriously, maybe we can honor and provide justice to the many families and victims of violent crime who have, thus far, been ignored and sidelined by progressive politicians.”

Chief Public Defender Bennett Baur said his office has not seen the actual bills but had this to say anyway:

“I’m concerned that the focus is all on police, prosecutors and punishment, and seems to ignore the effects that the proposals would have on the courts, public defenders, jails and prisons, and on what happens when anyone accused of a crime is eventually released. … The evidence is that people on pretrial release are not a significant cause of the increase in violent crime, and, in fact, incarcerating more people before trial, or with increased penalties, will further harm our communities.”

The links to quoted news coverage is here:

https://www.koat.com/article/new-mexico-violence-crime-albuquerque-laws/38762164

https://www.abqjournal.com/2461187/gov-unveils-tough-on-crime-proposals.html

SENATE JUDICIARY COMMITTEE CHAIRMAN REACTS

In order for any of the crime bills to pass, the legislation must first be vetted by the Senate Judiciary Committee. Las Cruces Democrat New Mexico State Senator Joseph Cervantes is the Senate Judiciary Committee Chairman. Cervantes said he has not yet seen the crime-related legislation proposed by the governor and law enforcement officials but did say the measures would be closely scrutinized in the Senate Judiciary Committee.

Cervantes suggested a better-funded state judicial system would do more to address crime rates than hasty changes to sentencing laws. Cervantes pointed out that violent crime rates in some parts of southern New Mexico are much lower than in New Mexico’s largest city and said:

“[Violent crime is] a problem that Albuquerque has largely created for itself. … It’s not really about changing state law.”

Cervantes had this to say about the proposed “rebuttable presumption” law:

“I wouldn’t say I’m on board with it. But I understand the frustration that’s leading to that solution. I don’t know that a “rebuttable presumption” is where we need to be going to solve the problem. But there is a problem – too many individuals are being released when they should be held.”

Links to quoted news sources are here:

https://www.kob.com/albuquerque-news/public-safety-bills-may-face-roadblock-at-roundhouse/6358018/?cat=500

https://www.abqjournal.com/2461690/ready-or-not-its-legislative-session-time.html

DETAILS OF SPECIFIC CHANGES PROPOSED

Governor MLG said the legislative package has 5 major areas of focus:

1. Proposed changes to the rules surrounding pre-trial detention.
2. Tougher penalties for second-degree murder.
3. Increased penalties for crimes where a gun is used.
4. A $100-million dollar fund for public safety resources.
5. A 19% raise for New Mexico State Police officers.

CHANGES TO PRE-TRIAL DETENTION RULES

At the very heart of the proposed changes to the existing pretrial detention process is the current bail reform law approved in 2016. The Governor, and those who attended the press conference, want the courts to have more guidance when it comes to keeping people charged with violent crimes behind bars.

Under the current reform state law, prosecutors are required to convince a judge that a charged defendant poses and immediate threat of violence to the public with an evidentiary hearing in order to hold defendant in jail until trial. A bill sponsored by Democrat State Rep. Marian Matthews of Albuquerque would make it a “rebuttable presumption” that a defendant charged with a violent crime is violent and should be held in jail unless the charged defendant convinces the court the defendant does not pose an immediate threat to the public.

The rebuttable presumption bill essentially shifts the burden of proof from prosecutors, who must prove a case “beyond a reasonable doubt to convict”, to the defendant who would have to show they are not a danger to the public in order to be allowed to be released pending trial. A defendant may feel that they must waive their constitutional right to remain silent and take the stand to show that they are not violent allowing the prosecution to cross examine and solicit testimony that could be used during a trial to get a conviction. The prosecution would still have to file pretrial motions in order for people to be held.

According to the Governor:

“This puts a wedge in this revolving door. … It doesn’t minimize our constitutional responsibilities to every single New Mexican irrespective of their income but it also makes really clear that the constitutional right to be safe in your home and communities is also an area that we must maintain and do something significant about.”

Senate Majority Leader Peter Wirth, D-Santa Fe, who was a primary sponsor of the current bail reform law approved in 2016, said the bail reform law made important strides that included eliminating bond for defendants determined to pose a clear danger to the public. Wirth reacted to the proposed changes by saying he shares in the frustration over rising violent crime rates in Albuquerque and said that he did not understand why some high-profile defendants have been released pending trial. Wirth added that changing the law to force low-income defendants represented by a public defender to convince a judge that they should be released until trial is very problematic and said:

“There are some constitutional safeguards that we have to make sure we don’t just throw aside. … I think we have to be very careful.”

Every since being first elected to his first term as Bernalillo County District Attorney, Raul Torrez has said the criminal justice system is broken and that it’s the courts who fail to jail defendants who are violent repeat offenders pending trial. Torrez has always refused to accept the fact that his office is part of the problem with voluntary dismissals of violent crime cases by his office at record highs. During the January 13 press conference, Torrez said he was hopeful going into the legislative session and urged lawmakers not to waste the opportunity.

District Attorney Raul Torrez said Jacob Montoya is an example of what is happening with the courts. Torrez said Montoya had multiple violent felony charges when he was allowed back on the streets with a GPS monitor last summer. He didn’t show up for court, and the monitor’s battery died. Torrez said Montoya went on a violent crime spree that ended with a shootout with law enforcement.

DEFENSE BAR REACTS TO REBUATTABLE PRSUMPTION LAW

Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association responded to the proposed change in the law and “rebuttable presumption” law by saying the proposal is absurd and she said:

“I think it’s an unconstitutional burden-shifting. … If the state’s going to make the allegations, then they need to be the ones to prove it. … We know that a very few number of cases where people were released, even though a preventative detention motion was filed, a very few number of people have gone out to commit new violent crimes… .”

Burrell said that case law in New Mexico requires the state to prove that a defendant is dangerous to the community. But once many of these cases get into the trial process, prosecutors just don’t work the cases, and so the defendant needlessly sits in jail.

Jonathan Ibarra is the vice president of the New Mexico Criminal Defense Lawyers Association. He has been a public defender for eight years, but before that, he was a prosecutor for about 12 years and a district court judge in Bernalillo County. Ibarra had this to say:

“I don’t think that people who are presumed innocent should have to prove that they should get out of jail. … Shifting the burden onto primarily poor people, primarily people of color, to somehow prove a negative, to prove that they’re not going to do something bad. I don’t know how you prove a negative.”

The link to quoted source material is here:

https://sourcenm.com/2022/01/12/proposal-to-erode-bail-reform-gaining-steam/?fbclid=IwAR3tMg35KHrO8Y0ujuvcZNW_jRi-vi1jwWyfJjuII5aBqyHAzSippgCR30I

INCREASING PENALTIES ON GUN VIOLENCE CRIMES

The Governor is proposing two sperate legislative actions to increase the penalties for certain violent crimes.

One proposal would increase sentencing for second-degree murder from 15 years to 18 years in prison and remove the statute of limitations.

The second proposal would increase penalties for gun crimes, including making unlawful possession of a handgun a felony instead of a misdemeanor.

The law change would also make fleeing a law enforcement officer when it results in injury a third-degree felony and a second-degree felony if it results in great bodily harm. A third-degree felony carries a basic sentence of up to 3 years in prison and a possible fine of up to $5,000. The basic sentence for a second-degree felony is up to 9 years in prison, plus a maximum fine of $10,000.

https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/new-mexico-felony-class.htm

The proposal would also enhance the penalties for brandishing a firearm during a drug transaction.

Lujan Grisham had this to say about the penalty changes:

“If you know you’re going to A) be released or B) it’s a misdemeanor or it’s a fourth-degree felony, the lowest felony with minimal jail time, it’s no real risk for you engaging in this criminal activity. … The signal here is there is risk to you, you’re a risk to us, and we aren’t going to tolerate it anymore.”

Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association responded to the Governor by saying studies have shown that there is no evidence that keeping people in jail for a longer period of time makes them less likely to commit a crime when they are released and said:

“In fact it’s the exact opposite. … The longer people are traumatized and are in prison the more likely they are to be unstable when they come back into the community.”

Senate Judiciary Committee Chairman Joseph Cervantes, who is a respected trial attorney, when asked his opinion on where he stands on the bills to increase prison he had this to say:

“I favor the idea of giving our judges the opportunity to do their job. That means trusting their discretion. Now, again, we’ve got to be holding judges accountable for that. We’ve got to make sure that the judges are doing that job well. But I don’t generally favor tying the hands of judges, because that’s essentially a vote of no confidence.”

The link to the quoted news source is here:

https://www.kob.com/albuquerque-news/public-safety-bills-may-face-roadblock-at-roundhouse/6358018/?cat=500

LAW ENFORCEMENT FUND

During the January 13 news conference, Governor Michelle Lujan Grisham again announced her executive budget recommendation of $100 million to be put into a fund to recruit, hire and retain law enforcement and staff in law enforcement departments around the state. It also includes a 19% raise for New Mexico State Police officers. In making the announcement, the Governor had this to say:

“You can’t wait a year for resources to hire police, we can’t go to every legislative session, there has to be a meaningful tool so that we’re not stealing police officers and law enforcement officers from one jurisdiction to another. … We have shortages statewide. This means that we can recruit, retain, do the right training, and send a signal to everyone in this state, and particularly to our men and women who put on a uniform every day: We need you.”

Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association was asked about more money going toward law enforcement and she wondered about the effect more officers would have on the rest of the criminal justice system if it was not staffed up in the same way.

Burrill had this to say:

“The reality is that many more officers without increasing the number of judges, prosecutors and public defenders, will cause the system to come to a grinding halt… When the court can’t handle that many cases because they don’t have the resources to do so, more cases are going to get dismissed.”

The links to quoted news source material are here:

https://www.abqjournal.com/2461187/gov-unveils-tough-on-crime-proposals.html

https://www.kob.com/albuquerque-news/public-safety-bills-may-face-roadblock-at-roundhouse/6358018/?cat=500

METRO CRIME INITIATIVE

On Thursday, September 23, “Metro Crime Initiative” concluded. It was a series of meetings with law enforcement and community partners to address what all participants called the “broken criminal justice” system. The participants included the Governor office, the Attorney General office, the District Attorney, the Chief Public Defender, Senate and House members, the Mayor, City Council members, Bernalillo County Commissioners, APD, NM State Police, Metro and District Courts and many others.

The program consisted of 5 sessions, each lasting upwards of two hours. Panel discussions with law enforcement, court officials, prosecutors, defense attorneys, and representatives from higher education addressed opportunities for early intervention, detention, diversion and hearings, resources for victims’ advocates and offender reentry, and career pipelines.

ACTION ITEMS

The topics of discussion were broken down into 6 major categories. During the September 23 concluding press conference, local leaders admitted they have not been providing enough protection and resources to keep people safe. A list of 40 action items were revealed with the hope that once implemented they will lower Albuquerque’s crime efficiently and quickly. More than 20 departments statewide developed the checklist.

Following are the action items announce in each of the 6 categories:

FIGHT CRIME

1. Fully fund public safety agencies
2. Hire more officers
3. Create retention programs for officers
4. Expand crime-fighting technology
5. Crack down on chop shops by enacting a law that makes owning, operating or doing business with a “chop shop” a crime.
6. Extend anti-auto theft & felony warrant partnerships
7. Fund dashboard to track criminal cases
8. Support security infrastructure for businesses
9. Coordinate to identify violent criminals
10. Invest in mobile speed enforcement

REDUCE GUN VIOLENCE

11. Strengthen gun storage laws
12. Detain gun offenders until trial
13. Strengthen gun crime penalties
14. Close loopholes in Red Flag law
15. Urge gun owners to self- record serial numbers
16. Study gun violence as public health issue

CLOSE THE REVOLVING DOOR

17. Fix 24/7 ankle monitoring
18. Increase staffing in courts
19. Use grand juries to protect victims & clear backlogs
20. Limit case management orders to detainees

STRENGTHEN DIVERSION

21. Expand court ordered treatment
22. Increase pre-arrest diversion offers
23. Lower cost barriers to diversion programs
24. Increase number of diversion agreements
25. Increase funding and capacity for specialty courts

REBUILD BEHAVIORAL HEALTH SYSTEM

26. Incentivize new provider services
27. Build peer support programs
28. Create 24/7 sobering center
29. Expand Turquoise Lodge
30. Increase addiction treatment services
31. Develop behavioral health career paths
32. Career training for underserved youth

EXPAND VIOLENCE INTERVENTION PROGRAMS

33. Fund CABQ Violence Intervention Program
34. Expand Violence Intervention Program statewide
35. Bring restorative justice to schools

MISCELLANEOUS ADDTIONS

Identified items added to the to-do list were the following:

36. Bail bond reform with a pre-trial presumption of dangerousness when an offender uses, brandishes, or is in possession of a firearm during a violent, drug or property crime.
37. Invest in “mobile speed enforcement” to free up officers while combating the scourge of dangerous driving”.
38. Create a task force to examine officer retention and lateral recruitment programs for all police agencies in New Mexico.
39. Create restorative justice programs in schools.
40. City funding for indigent copays for drug testing for pre-prosecution diversion programs”

EDITOR’S NOTE: A very detail “check list” pamphlet was produces containing details of each action plan and can be found here:

https://www.cabq.gov/mayor/documents/mci.pdf

Links to quoted source material are here:

https://www.abqjournal.com/2431408/officials-unveil-to-do-list-to-fix-broken-criminal-justice-system.html

https://www.kob.com/albuquerque-news/law-enforcement-leaders-develop-checklist-to-tackle-crime-in-the-metro/6245077/

https://www.abqjournal.com/2431408/officials-unveil-to-do-list-to-fix-broken-criminal-justice-system.html

COMMENTARY AND ANALYSIS

Even if virtually all of the Governor’s proposed legislation passes it will not at all likely have any real impact on reducing violent crime. Way too much emphasis is placed on incarceration and punishment and with false presumptions. The proposed changes in the law announced merely scratch the surface of what needs to be done.

Too many of the 40 action items of the “Metro Crime Initiative” are ignored and not provided for at all in the Governors initiatives such as those action items listed under “Strengthen Diversion”, “Rebuild Behavioral Health System”, “Expand Violence Intervention Programs.” No funding is provided to expand court ordered treatment, to increase pre-arrest diversion offers, to increase addiction treatment services and behavioral health treatment.

The real problem is that the stakeholders who are part of the criminal justice system and who appeared at the January 13 press conference such as the District Attorney Raul Torrez, Mayor Tim Keller and APD Chief Harold Medina are simply not doing their jobs in a competent and effective manner to make a difference.

REBUTTABLE PRESUMPTION OF VIOLENCE TO PREVENT RELEASE

It was in 2016 that New Mexico voters approved a constitutional amendment that largely eliminated the former system of money bail bonds. The change was made to prevent low-level defendants from being kept in jail because they lacked money to post bail. The bond reform also authorizes judges to order defendants held without bail pending trial if prosecutors present evidence at a hearing showing that the charged defendant is an immediate danger to the public and there are no reasonable means to prevent the charged defendant from committing a crime while released pending trial.

Prosecutors and law enforcement officials across the state repeatedly slam judges and the court system for letting out those accused of violent felonies, particularly when they re-offend. They know damn well that judges are bound by the Code of Judicial conduct and no judge can comment and defend themselves on any pending case or even make any kind of an attempt to publicly defend themselves in the court of public opinion.

On September 15, the Administrative Office of the Courts issued the results of a report to take sharp issue with recent proposals to change the bail bond system. The study was conducted by the University of New Mexico (UNM). The report supports the proposition that the existing system does not endanger the public. The UNM study reviewed 10,289 Bernalillo County felony cases from July 2017 to March 2020 in which defendants were released from jail while awaiting trial. The statistical findings were decisive and reported as follows:

Of the cases analyzed, only 13 were arrested for a first-degree felony while on pretrial release, or about 0.1% of the total.

19% of felony defendants released from jail pending trial, 1,951 of 10,289, were arrested for new criminal activity during the pretrial period. Most of those arrests were for fourth-degree felonies and misdemeanors, including property, drug and violent crimes.

Fewer than 5% of defendants, or up to 480, released pretrial were arrested for new violent crimes. Of the cases analyzed, 95.3% were not arrested for violent crimes during the pretrial period.

Artie Pepin, director of the Administrative Office of the Courts, had this to say about the study:

“The evidence from research clearly shows that the great majority of people released pending trial are not committing new crimes. … Objective research validates the pretrial justice improvements under way in New Mexico. Blaming judges and courts for crimes highlighted in news accounts does nothing to make anyone safer.”

Not at all surprising is that Jennifer Burrill, president-elect of the New Mexico Criminal Defense Lawyers Association had this to say about the “rebuttable presumption against release”:

“That basically means [the Governor, Keller and Torrez] are sacrificing … constitutional rights for their own political career. … We continue to ask the Legislature to make sure whatever decisions are made are based on evidence and not some kind of knee-jerk reaction, because that does not make the problem better. … That’s the same thing that we need to ask of our leaders on this situation.”

The link to quoted source material is here:

https://www.abqjournal.com/2429583/courts-pretrial-release-doesnt-fuel-violent-crime.html

NOT A BROKEN SYSTEM, BUT STAKEHOLDER FAILURE

The criminal justice system in this country and this state has never been perfect, nor will it ever be, but it is not broken as the “Metro Crime Initiative” participants would have all believe, especially those that are running for office. Yes, the criminal justice system does have its flaws and a number of inequities, but to say that it is a broken system is just plain ignorance of the criminal justice system or political opportunism at its worst.

Imbedded in our constitution is how justice is served, to ensure and to protect all of our constitutional rights of presumption of innocence, due process of law and requiring convictions based on evidence. The corner stone of our criminal justice system is requiring prosecutors to prove that a person is guilty beyond a reasonable doubt before a jury and in a court of law.

When you examine the “check list” of the 40 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 2 years and include many programs already announced. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place.

The 3 major stakeholders in our criminal justice system that are always signaled out when it’s argued that the criminal justice system is broken are law enforcement, the prosecution and the courts. When you examine these 3 major stakeholders in Albuquerque and Bernalillo County, one conclusion that can be arrived at is that they are not doing their jobs. They also have an extensive history of blaming others for their failures.

LAW ENFORCEMENT

APD statistics for the budget years of 2019 and 2020 reflect the department is not doing its job of investigating and arresting people. APD felony arrests went down from 2019 to 2020 by 39.51% going down from 10,945 to 6,621. Misdemeanor arrests went down by 15% going down from 19,440 to 16,520. DWI arrests went down from 1,788 in 2019 to 1,230 in 2020, down 26%. The total number of all arrests went down from 32,173 in 2019 to 24,371 in 2020 or by 25%.

In 2019 APD had 924 full time police. In 2020, APD had 1,004 sworn police or 80 more sworn police in 2020 than in 2019, yet arrests went down during the first year of the pandemic. APD’s homicide unit has an anemic clearance rate of 36%. The police union falsely proclaims officer’s hands are tied by the DOJ reforms and are afraid of doing their jobs for fear of being disciplined.

It is a “big lie” that the Department of Justice (DOJ) consent decree reforms are the cause of officer shortages, low morale and high crime rates. The Police Union has gone so far as to spend $70,000 on an ad campaign to disparage the reforms and blaming the consent decree for all of APD’s problems.

The Federal Monitor has documented the reform resistance and the negligent personnel management causing the problems they complain. The Federal Court and the Monitor have no management authority over APD. The departments problems are not caused by the reforms but caused by the way Keller, Medina and his 3 Deputies have implemented the reforms and union sergeant and lieutenant membership obstructing the mandated reforms.

THE PROSECUTION

A criminal prosecution cannot occur unless the prosecuting agency, usually the District Attorney, actually charges an offender and brings them to justice. When DA Raul Torrez ran for Bernalillo County District Attorney the first time, he said our criminal justice system was broken, it was in dire need of change and he was the guy to fix it. He is now running for Attorney General.

Within six months after being elected the first time, Torrez had his office prepare a report on the statistics regarding the number of felony cases that were being dismissed by the District Court. Torrez accused the District Court for being responsible for the rise in Albuquerque crime rates and releasing violent offenders pending trial. District Attorney Raul Torrez also accused defense attorneys of “gaming the system” in order to get cases dismissed against their clients.

A subsequent report prepared by the District Court revealed that it was the District Attorney’s office that was in fact voluntarily dismissing far more felony cases for various reasons, including his office not being prepared for trial, the office’s failure to meet discovery deadlines, and prosecutor’s failure to turn evidence over to defense counsel as mandated by law and discovery court orders.

The Bernalillo County District Attorney office currently has the highest voluntary dismissal rate in its history and indicts less than half what it would indict 10 years ago. Plea agreements with low penalties are the norm. Data given to the Supreme Court by the District court revealed overcharging and a failure to screen cases by the District Attorney’s Office contributes to a combined whopping 65% mistrial, acquittal and dismissal rate.

THE COURTS

The courts are viewed as part of a broken criminal justice system whether they like it or not. That negative perception is aggravated when individual judges appear to be way too lenient in releasing violent felons and not holding them for trial without bond. The District Court Judges assigned to the criminal division point to the New Mexico Supreme Court’s Case Management Order (CMO), as does the District Attorney, that much of the discretion they had before to hold those charged until trial has been taken away.

Bookings at the Bernalillo County jail have plummeted from 38,349 in 2010 to 17,734 in 2020. It’s common knowledge amongst trial attorneys that Judges are concerned about their disqualification rates and appeal reversals and how they are perceived by attorneys and the Judicial Performance Evaluation Commission. Judges are reluctant to make decisions and hold off on making the hard decisions to avoid controversy to protect their jobs.

FINAL COMMENT

The criminal justice system at all levels is only as good as those who are responsible to make it work and succeed. The participants in the city sponsored “Metro Crime Initiative” know what is wrong with the state’s criminal justice system. They know it is not a “broken system” but a “systems failure” caused by their own failures to act and to do their jobs effectively. It is way too easy to declare the system “broken” when problems identified within the criminal justice system would go away if the stakeholders would just do their own jobs and concentrate on doing their jobs in a competent manner.

It’s Not A “Broken Criminal Justice System”, But The Failure Of Stakeholders To Do Their Jobs; “Metro Crime Initiative” Announces 40 Point Action Plan To Reduce Crime; Nothing New Announced

Gov. MLG And Secretary Of State Toulouse Oliver Announce Election Law Changes; Some Good, Some Bad, Some Questionable Like Giving 16 And 17 Year Olds Right To Vote

On January 18, the 2022 New Mexico legislature will convene for its 30 legislative sessions known as the “short session.” The 30 day sessions are dedicated to budget legislation and the agenda is set by the “Governor’s Call”, meaning the Governor dictates what legislation will be considered.

ELECTION LAW CHANGES

On January 6, Governor Michelle Lujan Grisham and Secretary of State Maggie Toulouse Oliver announced their support for enactment of major changes in the state’s election laws by the 2022 New Mexico legislature. The link to the joint press release “Governor, Secretary of State announce plan to protect right to vote, expand ballot access” is here:

https://www.governor.state.nm.us/2022/01/06/governor-secretary-of-state-announce-plan-to-protect-right-to-vote-expand-ballot-access/

The January 6 announcement was very symbolic and significant in that it was the anniversary of the attack on the U.S. Capitol by Trump supporters and temporarily interrupting certification of President Joe Biden’s victory. An interesting side not is that on January 13, it was reported that the founder of the far-right militia group the Oath Keepers, was indicted and arrested over his organization’s alleged involvement in planning the January 6 attack. An additional 10 people, including nine others who already face separate charges in connection to the riot, were also indicted.

https://www.nbcnews.com/politics/congress/oath-keeper-leader-10-others-charged-seditious-conspiracy-jan-6-n1287434

The proposed changes to the states voting laws comes in an election year. Both Lujan Grisham and Toulouse Oliver are up for reelection, and also on the 2022 ballot will be the races for attorney general, state auditor, state treasurer, land commissioner and 70 seats in the state House.

COMMENTARY AND ANALYSIS

Senator Cliff Pirtle, a Roswell Republican and member of the Senate Judiciary Committee that considers voting legislation, always make the tired and discredited argument that proposals to change election laws should include requiring voters to show their identification. Pirtle believes voter identification requirement ensure people qualified to vote are the only ones who actually cast a ballot, yet there is little proof that is indeed the case.

The major changes to New Mex law are sweeping and will no doubt cause heated discussion. This blog article is a discussion of the 8 proposals with commentary and analysis.

GIVING 16 AND 17 YEARS RIGHT TO VOTE

Allowing residents as young as 16 to vote in local elections, such as for city councils and school boards. This makes very little sense. Simply put, the U.S. Constitution does not allow 16 or 17-year-olds to vote in federal elections. The Twenty-Sixth Amendment to the United States Constitution provides “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” The drive to lower the voting age from 21 to 18 grew across the country during the 1960s, driven in part by the military draft held during the Vietnam War. A common slogan of proponents of lowering the voting age at the time was “old enough to fight and die, old enough to vote”.

It is very difficult to understand the rational why the Governor and the Secretary of State believe now is the time to create a whole new class of voters by giving 16 and 17-years old’s the right to vote, even though it would be only for local elections, such as for city council and school boards. It is dubious to think that 16 and 17 year old’s have the maturity let alone the understanding of local municipal and school board issues.

STRAIGHT-PARTY BALLOT VOTING OPTION

The Straight-party ballot option allowing voters to choose the candidate in one party for every single race is something Republicans have always vigorously opposed. The “straight party ticket voting option” was available at one time for many decades but was eliminated by the previous Republican Administration. Republicans argue that allowing straight party voting promotes party loyalty over an informed electorate and because of the Democratic advantage in numbers, no Republican would ever get elected.

The Republican argument is absolutely bogus given the party loyalty Republicans themselves are known for, especially in the age of Der Führer Trump. Many Republicans over many years, with some saying way too many, have been elected in New Mexico to local, State and Federal office when straight party voting was allowed. Examples: Republicans Senator Pete Domenici, Congressmen Manuel Lujan, Jr. and Steve Schiff and Congresswoman Heather Wilson, Republican Governors David Cargo, Gary Caruthers, Gary Johnson, and Susana Martinez, Republican Attorney General Hal Stratton, Republican Land Commissioner Pat Lyons, Republican PRC member Herb Hughes and David King and Republicans Court of Appeal Judge Rod Kennedy and Supreme Court Justice Judith Nakamura, Republican County Commissioners Les Houston, Pat Cassidy, Loni Talbert, Michael Brasher, Republican Albuquerque City Councilors Tom Hoover, Nadine Bicknell, Fred Burns, Brad Winter, Trudy Jones, Don Harris, Dan Lewis and Republican Mayors Harry Kinney and Richard Berry. Currently, the Albuquerque City Council has a 5 to 4 Democratic majority but just 8 years ago it was a 6 to 3 Republican Majority.

Voters do and can make informed decisions and saying otherwise is nothing more than hollow political rhetoric. Voters are more than capable of deciding not to vote straight party in that they decide how to vote on bond questions, judicial retentions, proposed constitutional amendments and nonpartisan races such as Mayor and City Council.

RESTORING VOTING RIGHTS TO FELONS

Under the law, once a convicted felon has done their time or completed their court-imposed sentence including probation, they have paid their debt to society that should allow them to return and be productive citizen. Automatically restoring voting rights to felons who aren’t incarcerated and make it easier to register online to vote should be a no brainer. Notwithstanding, even if their voting rights are restored, the question is are convicted felons more likely have any interest in voting as is the lack of interest of many non felons.

SUNDAY EARLY VOTING AND ELECTION DAY HOLIDAY

On proposal is to expand early voting by one day to the Sunday before Election Day and to designate election day as a state holiday. These two proposals are long overdue and should be adopted. Across the country, because of the big lie Trump has promoted that he lost the election and the lie of widespread fraud , red state legislatures are enacting laws to reduce access to the polls. New Mexico already requires employers to grant employees paid time off to vote and making election day a holiday is the logical next step.

CREATING A PERMANENT ABSENTEE VOTER LIST

Creating a permanent absentee voter list allowing people to receive ballots by mail without having to file new requests makes common sense and should be implemented in some form. Being able to cast a ballot should be made as simple as possible. Repeatedly requiring a person to make a request for an absentee ballot is an obstacle that should be eliminated.

REGISTERING ON LINE WITH SOCIAL SECUTITY NUMBER

This proposal does not make sense. Allowing people to register to vote online using their full Social Security number could create an environment of identity theft. Years ago, people’s social security numbers were placed on driver’s licenses and that practice had to be abandoned. A much better system to register to vote on line needs to be proposed.

EARLIER MAILING OF ABSENTEE BALLOTS AND EXTENDING BALLOT ACCEPTANCE

It is being proposed that absentee ballots be mailed to voters one week earlier or 35 days before Election Day. The Governor and the Secretary of State have yet to provide any real rational for the additional time. Further, extending the deadline for accepting ballots to the Friday after the election, rather than when polls close, is a double edge sword that could lead to chaos in very close elections. The point is all elections outcomes must come to a conclusion and voters must bear some responsibility to get their ballots to the clerks office in a timely manner.

In a statement making the announcement of changes to the state’s voting laws, Lujan Grisham had this to say:

“Protecting voting rights is essential to upholding our democracy and ensuring New Mexicans’ voices are heard.”

Secretary of State Maggie Toulouse Oliver for her part said:

“[This legislation] gives us the chance to pass one of the most powerful voting rights bills in our state’s history.”

FINAL COMMENTARY

A very strong argument can be made that at least 7 of the proposed changes in the state’s election laws will go a long way in protecting a person right to vote and even encourage voting. A major problem is that the 2022 legislative session, which is only a 30 day session, begins on Tuesday, January 18 and the bills ostensibly have not been drafted in that they have not been pre filed as is always the case with major legislation.

Changes to New Mexico’s election laws always generate partisan heated debate and accusations of potential voter fraud. Among recent changes that were controversial occurred with the enactment of the 2019 law that allows New Mexicans to register to vote and cast a ballot on the same day.

Too much is at stake with the 2022 midterm elections with primary voting scheduled in less than 6 months and with new congressional and legislative districts carved out. Given the complexity of some of the election code proposals, the Governor and the Secretary of State would be wise to hold off on the proposed changes until the 2023 sixty day legislative session where there will be more time to debate and consider the proposals.

On July 7, three term Republican State Representative Rebecca Dow of Truth or Consequences announced that she is running for the Republican nomination for Governor. In her announcement, she vowed to address “hard truths” related to the state’s high unemployment rate, low education rankings and chronic child welfare issues. She is a former early child care professional. Dow in her announcement immediately attacked Governor Lujan Grisham and described the governor as a “power hungry” career politician whose policies have hurt New Mexico and said:

“As a state, we have never experienced more dire conditions than we are currently struggling through right now.”

https://www.abqjournal.com/2415471/sanche-zjoins-gop-field-for-governor.html

DOW HIT WITH ETHICS COMPLAINT

Before the 2020 general election, an ethics complaint was filed against Rebecca Dow by her Democratic opponent Karen Whitlock. Dow won reelection by a 16% margin.

Parts of the ethics complaint were dismissed with the remaining allegations including accusations that Dow violated the state Financial Disclosure Act by failing to report over $5,000 in gross income from AppleTree Educational Center in 2019 and by not disclosing the nature of her work for the center. Dow is the founder and a former CEO of AppleTree, a nonprofit that serves children and families in Sierra County. Much of its revenue comes from state grants and contracts.

According to a January 13, 2022 front page story in the Albuquerque Journal:

“[Dow] vigorously fought subpoenas issued as part of the investigation into whether she properly disclosed income from a nonprofit group she founded … For almost two months … she refused to sit for a court-ordered deposition a conflict that resulted in sanctions of $50 a day.”

On Friday, January 6, hundreds of pages of documents became public automatically after Ethics Commission General Counsel Walker Boyd found “probable cause” to support allegations that Dow had violated state laws on financial disclosure and governmental conduct. More documents were released to the Albuquerque Journal pursuant to a request for public records.

Dow flatly disputes the allegations and contends that she is not only in compliance with the law, but also that she voluntarily amended financial disclosure documents to address concerns raised by the ethics commission. Dow had this to say:

“I have publicly disclosed – over disclosed – all the details of my work and very modest payment for an important nonprofit in my district. … [The Ethics Commission staff] is way out of bounds, and continues to invent new claims of violations as old ones are abandoned. … For years, the radical Democrats have tried to scare me out of running with bogus complaints. … They haven’t scared me yet. And they won’t.”

The link to full Albuquerque Journal article is here:

https://www.abqjournal.com/2460915/documents-dow-failed-to-obey-court-order-in-ethics-case-ex-im-not.html

DOW VIOLATES COURT ORDER

According to District Court pleadings filed, the New Mexico Ethics Commission last year subpoenaed Dow’s financial records and scheduled her deposition which is allowed under the law. Dow and her attorneys contested the agency’s demand for her sworn testimony, arguing the subpoenas were flawed and violated the rules of civil procedure or court rules. The Ethics Commission went to court to enforce the subpoena. The ethics commission secured a court order from State District Court Judge James T. Martin of the 3rd Judicial District compelling Dow to produce the financial documents and appear for her deposition. Dow refused to comply with the court order, did not produce the financial documents and failed to appear for her scheduled deposition. The Ethics Commission went back to court to get a court order.

According to court documents filed in August, State District Court Judge James T. Martin issued another order finding Dow in Contempt of Court and making findings that Dow violated the earlier court order by failing to appear at a scheduled deposition and not producing financial documents that had been subpoenaed by the Ethics Commission. Judge Martin found that the failure to produce the documents and to appear for the deposition “lacks a justification.” Judge Martin ordered fines of $50 a day until she complied with the court order for a deposition. According to the court filings, Dow paid $4,115. The amount paid included reimbursing the State Ethics Commission for costs incurred when she did not appear at the scheduled deposition. Dow has yet to give a reason for failing to appear for her deposition.

DOW’S OBJECTIONS OUTLINED

According to the Journal report, Ethics Commission documents released describe Dow’s legal objections as follows:

“[Dow’s] attorney, Lucas Williams, said the commission had improperly refused to identify what it was investigating and that its written questions to Dow exceeded its legal authority to subpoena information. He responded to a host of written questions, anyway.

Williams also said the commission’s subpoenas had “foundational errors.” They were filed in the wrong court, failed to match the format required by law and represented an attempt to “engage in unauthorized ex parte proceedings” … .

[Williams] disputed that Dow was in violation of a court order when she didn’t immediately sit for a deposition. When Dow finally appeared at the deposition late last year, she defended herself.

[Dow] said she had worked diligently to comply with the state’s ethics and disclosure laws, and thought she had addressed the ethics commission’s concern when she voluntarily amended a disclosure report listing her income sources.

Dow also told the commission’s staff that she had started volunteering her time rather than receiving pay, and curtailing some activity because of the unfair scrutiny brought about by her role as a legislator. [Dow] said in her deposition:

“I stepped down from every board that receives any state or federal funding because I wouldn’t want to put anybody through this.”

The link to quoted news source material is here:

https://www.abqjournal.com/2460915/documents-dow-failed-to-obey-court-order-in-ethics-case-ex-im-not.html

CREATION, POWERS AND DUTIES OF THE ETHICS COMMISSION

On November 5, 2018, New Mexico voters, with a 75% majority, voted for a constitutional amendment to establish an independent statewide ethics commission with subpoena power. The State Ethics Commission is a seven-member, bipartisan group. On March 15, 2019, the New Mexico State legislature enacted legislation creating the new, independent ethics commission. On January 4, 2020, a little more than 10 months after the NM Legislature enacted the creation of the Ethics Commission became fully operational.

Under the New Mexico Ethics Commission Act, the commission:

“[May] initiate, receive, investigate and adjudicate complaints alleging violations of, and issue advisory opinions concerning, standards of ethical conduct and other standards of conduct and reporting requirements, as may be provided by law, for state officers and employees of the executive and legislative branches of government, candidates or other participants in elections, lobbyists or government contractors or seekers of government contracts and have such other jurisdiction as provided by law.”

Additionally, the Ethics Commission:

“[May] require the attendance of witnesses or the production of records and other evidence relevant to an investigation by subpoena as provided by law and shall have such other powers and duties and administer or enforce such other acts as further provided by law.”

The Ethics Commission through its general counsel is empowered to petition a state judge to issue subpoenas for documents and other materials as part of its work and with a judge designated to issue and grant the subpoenas on behalf of the commission itself.

The law establishing the State Ethics Commission keeps all investigations confidential unless there’s a probable cause finding to support the allegations. Someone who files a complaint is free to make the allegations public. Under law enacted, ethics complaints must be made public 30 days after “probable cause” is found to proceed with an investigation.

The case against Dow is the very first to be made public by the Ethics Commission after a finding of probable cause. The definition of “probable cause” is that the evidence gathered makes it more likely than not that an ethics violation has occurred.

Links to New Mexico Ethics Commission related websites are here:

https://www.sec.state.nm.us/faqs/#Section02

https://www.sec.state.nm.us/

DISPUTE SUMMARIZED

Ethics Commission General Counsel Walker Boyd summarized the dispute with Dow in his findings and recommendations to the Ethics Commission as follows:

The Ethics Commission General Counsel offered to settle the case in January, 2021 if Dow paid a $250 civil fine and acknowledged her responsibilities under state law. She did not respond to the settlement offer, but she later filed an amended financial disclosure statement that did not entirely address the potential violations.

The Ethics Commission secured court approval to issue subpoenas for Dow’s testimony and other information. Dow and her attorney contested the subpoenas. The matter was appealed to the New Mexico Supreme Court which dismissed Dow’s petition for review.

Dow was eventually ordered by District Judge Martin to sit for a deposition, but she refused and was later held in contempt of court. She paid about $4,115 “in compensatory and coercive sanctions” for failing to comply with the court order, until she sat for a deposition in October, 2021.

Boyd found probable cause to support allegations that Dow had represented AppleTree before state agencies, in violation of the Governmental Conduct Act. State law restricts when legislators may represent a client before a state agency.

Boyd took note of the legal conflict in his report finding probable cause to the New Mexico Ethics Commission. In his report Boyd said it was Dow’s own “refusal to acknowledge apparent violations. … These actions [by Dow] are not consistent with a good faith willingness to provide evidence to the Commission or correct good-faith mistakes …[ that brought about the litigation].

DOW RESPONDS TO ETHICS CHARGES

In her response to the ethics charges, Representative Dow contends she consulted with attorneys for the Legislative Council Service on how to file her disclosure forms. According to Dow, she was told she did not need to list AppleTree. She said she is entitled to represent nonprofit groups and others as constituents in her district.

Dow also argues that she made so little as a consultant to AppleTree that she wasn’t required to report it and said:

“This is a nonprofit … that addresses the needs of families and their young children in crisis. … I used to run a nonprofit that does a great service for my community. … I’m not apologizing for trying to help my community EVER.”

ETHICS COMPLAINT MOVES FORWARD

Boyd’s finding of probable cause is not a final decision on the charges. The ethics complaint has now been assigned to retired U.S. Magistrate Judge Alan C. Torgerson who will serve as a hearing officer to consider the allegations. The final decision of Torgerson appealable to the entire ethics commission. Dow for her part said she looks forward to clearing her name in a public hearing.

STATE ETHICS COMMISSION PROPOSES NEW DISCLOSURE ACT

On January 18, the 2022 New Mexico legislature will convene for its 30 day legislative sessions known as the “short session.” The 30 day sessions are dedicated to budget legislation and the agenda is set by the “Governor’s Call”, meaning the Governor dictates was legislation can be considered.

The State Ethics Commission is a 7 member, independent, bipartisan group created in 2019 by the New Mexico State legislature. It became fully operational on January 4, 2020. Under the law creating the Ethics Commission, it issues a report each year recommending amendments to New Mexico’s ethics laws. The Ethics Commission is asking the 2022 legislature for an expansion of its powers, enactment of a legislature Disclosure Act and for additional funding.

NEW DISCLOSURE ACT REQUIREMENTS OF LEGISLATORS

In its 2021 annual report released in December, the State Ethics Commission, called the state’s existing disclosure law for income received by public officials “vague and undemanding.” As it stands now, state lawmakers face broad requirements for disclosing income sources over $5,000. Many draw income from a law firm, farming and ranching, or similarly general categories. The commission now wants to repeal the old law and replace it with the commission’s proposed Disclosure Act.

Specifically, the Ethics Commission is asking for changes to state law that would require New Mexico’s citizen legislators to release more information about their sources of personal income and business relationships. It is also asking for increased transparency requirements for lobbyists. The Ethics Commission wants disclosure of what bills lobbyist are working on and if they are advocating for or against the legislation.

Under the requested changes, any lawmaker to whom it would apply, would have to disclose before voting if any family member lobbied on any bill. Currently, a number of legislators are married to lobbyists thus creating appearance problem to what extent they are influencing any pending vote.

The new Disclosure Act proposed outlines in great detail requirements for the disclosure of personal assets, personal debts, sources of family income over $600, including any spousal and dependent children. The new act would also require disclosure of real property or land holding ownership and values.

The new disclosure requirements will cover membership in corporations and nonprofit groups, gifts of $50 or more from lobbyists and work done by the official or their spouse involving public agencies. Elected state officials, heads of state agencies, candidates and others would have to file annual disclosure statements.

NEW DISCLOSURE ACT REQUIREMENTS OF LOBBYISTS

The new Disclosure Act requirements are designed to shed light on potential conflicts of interest given the fact lobbyists play a crucial role in shaping legislation.

A report by New Mexico Ethics Watch released in 2020 found that 34 former legislators who either retired or who were defeated worked as lobbyists and that another six lobbyists were spouses or relatives of legislators.

Under the new law, lobbyists would have to file 2 separate reports during legislative sessions outlining what bills they are working on, their position on the bills and specific provisions they supported or opposed within the legislation.

The Ethics Commission is proposing a two-year ban on ex-legislators and other state officials from becoming paid lobbyists after they leave public service. “Revolving door” bans have failed to get legislative approval for many years.

STRONG SUPPORT EXPRESSED

Ethics commission spokesman Sonny Haquani said the agency worked with the offices of the Secretary of State, the Attorney General and State Auditor, on the proposed Disclosure Act and had this to say:

“[The new disclosure act] … would enable the public to identify conflicts of interest and deter violations of the public trust.”

Heather Ferguson, the executive director of the nonpartisan Common Cause New Mexico, says her organization strongly supports the new law, especially with the gifts to legislator provisions in the new act. Ferguson noted lawmakers are barred from accepting gifts exceeding $250 in value from donors, but the rules are sometimes skirted by deliberately undervaluing some gifts. Ferguson put it this way:

“Over the years, several ethics violation cases have tarnished New Mexico’s reputation and most of them could have been prevented with heightened disclosure laws. … The $250 gift threshold has been flouted openly over the years, especially with the gift passes given to legislators for activities such as multi-area skiing or golf courses throughout the state that are reported to value at just under… the individual threshold. … These questionably valued gifts raise the public’s concerns every year. A lower threshold with increased penalties will help to curb this activity.”

Secretary of State Maggie Talouse Oliver, Attorney General Hector Balderas and State Auditor Brian Colon have all announced support of the new Disclosure Act.

OTHER EXPANDED POWERS

The Ethics Commission is asking the New Mexico legislature to expand the commissions jurisdiction to include the parts of the state Constitution that prohibits profiting from public office and that bans legislators from having an interest in contracts authorized by legislation passed during their term in office. Specifically, the expanded jurisdiction would give the commission authority in 3 major areas over constitutional provisions prohibiting:

1. Increased compensation for public officials during their term of office.
2. Legislators having an interest in any state or city contract that was authorized by law during their term or for one year afterward.
3. State officials who already draw a salary from drawing outside fees or otherwise profiting for their service in public office.

BUDGET INCREASE SOUGHT

During last year’s 2021 legislative session, the Ethics Commission’s budget was cut by 5%. The legislature also expanded the agency’s duties by directing it to handle enforcement related to notaries public. The commission is seeking an increase of 40% over what it received for the 2021 approved budget. The agency is asking for a $1.28 million budget that would begin on July 1, 2022. The budget increase would be dedicated to increasing the commission staff from 5 to 9 employees. The additional funding will be used to hire an attorney, paralegal and database administrator and to restore a “special projects coordinator” whose funding was part of this year’s 5% budget cut.

Links to quoted source material are here:

https://www.abqjournal.com/2458308/ethics-agency-calls-for-firmer-disclosure-laws-ex-act-would-require-2.html

https://www.abqjournal.com/2434601/nm-ethics-agency-seeks-expanded-staff-jurisdiction.html

https://pinonpost.com/ethics-commission-asks-for-more-staff-expanded-jurisdiction-to-curb-legislator-corruption/

COMMENTARY AND ANALYSIS

To quote Republican State Representative Rebecca Dow in her announcement for Governor, the “hard truths” are that she is faced with some very serious charges of ethics violations that are still pending and her viability as a candidate for Governor has been tainted. The hard truth is that she was found in contempt of court violating a court order and she was fined as provided by law.

Ignoring a court order and Dow’s accusation that “… the radical Democrats have tried to scare me out of running with bogus complaints. … They haven’t scared me yet. And they won’t” is nothing more than an expression that she has distain for ethics laws and our courts and feels she is above the law and felt she could ignore a court order. Her actions are identical to Washington Republicans resisting court orders and subpoenas relating to the January 6 capital riot.

It is highly likely that the Dow ethics complaint is one of the major reasons why the New Mexico Ethics Commission is seeking enactment of the new disclosure act. Another hard truth is that there is absolutely no doubt that the ethics complaint now pending against New Mexico State Representative Rebecca Dow will become a major issue during the 2022 New Mexico Legislative session as the legislature considers the passage of the financial Disclosure Act for legislators and lobbyists.

Simply put, the New Mexico Ethics Commission is doing its job and handling the complaint against Republican State Representative Rebecca as provided for and envisioned under the new law. It would be a damn shame if the New Mexico legislature does not have the stomach nor the backbone to consider the proposed changes and enact the new financial disclosure act. It would also be a damn shame if the legislature even attempted to gut the New Mexico Ethics Commission by not fully funding it.

The proposed new act is long overdue and needed. The Governor and both Democrat and Republican leadership need to make enactment of the Disclosure Act a top priority as well as fully funding the Ethics Commission.

Links to related blog articles are here:

State Ethics Commission Proposes New Disclosure Act; Rogues Gallery Of Corrupt New Mexico Lawmakers

NM Ethics Commission Seeks Expanded Authority And Funding; Slow Start On Cases; Create Agency Formula Funding Source To Insure Independence From Legislature