On March 31 APD Chief Harold Medina sent a letter to the Governor Michelle Lujan Grisham making an emergency request that she send the National Guard to Albuquerque to  fulfill “non-law enforcement duties” such as providing security at crime scene perimeters and transporting prisoners, among others. The emergency request from Medina cited rising violent juvenile crime and the fentanyl epidemic as issues that require immediate intervention.

In his March 31 letter to Governor Lujan Grisham, Chief Medina said he wanted to keep the momentum made by APD officers to reduce crime in the city and expressed the need to have them on the streets, not driving prisoners to the Metropolitan Detention Center or providing security at city facilities and courthouses. The guardsmen could also be used for helping with document filing and organization of APD cases for prosecutors, operating drones and distributing food, water and aid to “vulnerable populations.”

The link to review the March 31 letter from Medina to the Governor is here:

Click to access 033125-ltr-from-medina-to-gmlg-re-national-guard-67f57cdb7dbc6.pdf

On April 9, Governor Michelle Lujan Grisham in direct response to Chief Medina’s  March 31 request  issued an Executive Order declaring an emergency and sending 60 to 70 National Guard troops to aid the Albuquerque Police Department to help fight crime.  The Executive Order  directs  up to $750,000 to be made available for the deployment of guardsmen “needed to provide military support to civil authorities as needed for this emergency.”

Lujan Grisham said this in a news release announcing the order:

“The safety of New Mexicans is my top priority. … By deploying our National Guard to support APD with essential duties, we’re ensuring that trained police officers can focus on what they do best [which is] keeping our communities safe. This partnership represents our commitment to addressing the fentanyl crisis and juvenile crime with every resource at our disposal.”

MAYOR KELLER AND CHIEF MEDINA SCRAMBLE TO JUSTIFY NATIONAL GUARD COMING TO CITY

Ever since the Governor issued her Executive Order to send the National Guard to Albuquerque and to help APD to deal with crime, there has been severe public cynicism and laughter because of more than a few comments made by both Mayor Keller and Chief Medina. Keller and Medina have been scrambling to justify the request with a series of press conferences downplaying the extent of law enforcement authority the guard will have and their role in assisting APD.

During an April 8 news briefing Albuquerque Mayor Tim Keller said the guardsmen “will be unarmed and wear polo shirts” instead of uniforms and “will not be involved in community interaction or use military vehicles.” Keller said this:

“What we want to do is double down on what’s working … and what’s working is technology and civilians … freeing up officers to fight crime and keep those statistics going in this powerfully good direction. … A short-term way to help with that is by the National Guardsmen helping out. … We’re hoping [this pilot project] is going to be effective, but if it’s not, we will just send people home. … We invited these folks in to see if the program will help Albuquerque. If it is helpful, we may look at this in other areas.”

https://www.abqjournal.com/news/article_d29478ca-ace6-47b2-a868-48f1e8ac190b.html#tncms-source=home-featured-7-block

On April 12, The Albuquerque Police Department provided more details on just how many NM National Guardsmen will be used and what roles they will fill to assist officers after the governor declared a crime-related emergency in the city.

Chief  Medina met with the APD’s leadership and the National Guard to narrow down the initial responsibility of guardsmen with assignment of guard personnel  to be made in  the following three areas:

• 12 guardsmen will work with the Real Time Crime Center to expand and operate APD’s drone program
• 12 guardsmen will work with the Prisoner Transport Center to help with evidence collection and other tasks that often prevent officers from returning to the field for patrol
• 36 guardsmen will assist with scene security during critical incidents and investigations

Chief Medina said this about the assistance the National Guard will provide:

“This assistance will have an immediate impact and allow our officers to do more proactive policing. … We appreciate the National Guard and their willingness to help us keep Albuquerque safe. … We always fluctuate give the resources to where they need. If we find different ways to utilize the National Guard, if we find more innovative ideas to use, we’re quickly going to modify and move resources to those areas.”

Chief Medina says the influx of National Guard members will allow the department to be in other places throughout the metro in need of resources.  Medina said this:

“We’re also going to take a limited number of our police services aides that are in the field because we have this influx of national guard members, and we’re going to place them on in our buses and our transit department. … The citizens of Albuquerque deserve innovation, people thinking outside the box, and they deserve safety, and this is what our ultimate goal is: utilizing every single resource possible to make Albuquerque a safer place.”

APD and the NMNG emphasized the guardsmen will not be armed or wearing fatigues, and they will not have law enforcement authority, including no  power to arrest and no power take a person into custody.

Mayor Tim Keller  for his part described the deployment of the National Guard as a “pilot project.” Keller said this in a news release:

“I appreciate APD and the Guard working together to define the roles for the Guard members to free up APD officers to focus on responding to crime.  This is helpful, meaningful and the right type of support for our community, APD and the Guard.”

Mayor Keller and Chief Medina addressed potential use of force and according to Mayor Tim Keller and APD Chief Harold Medina, the National Guard will not carry weapons, will not drive military vehicles, and will not  perform any law  enforcement duties. Instead, they’ll act similarly to Police Service Aides (PSAs), helping with low-priority calls, report writing, and traffic control. The tasks they will undertake is intended to free up sworn officers for more urgent matters.

In the April 12  press conference, Mayor Keller elaborated on the plan to use the National Guard as public safety aides and said this:

“What happened over the last several months is we figured out this PSA-like model might be a really good way to help APD continue the momentum that they’ve had. … These folks are, not doing any law enforcement. They’re not armed. … They’re not in fatigues. They’re not using military vehicles. But what they are doing is supporting the police department.”

Chief Medina says nothing is set in stone when it comes to deployment of the guard and he said this:

“We always fluctuate give the resources to where they need. If we find different ways to utilize the National Guard, if we find more innovative ideas to use, we’re quickly going to modify and move resources to those areas.”

Mayor Keller cited recent data showing reductions in several categories of crime across Albuquerque. Governor Lujan Grisham’s executive order  contradicts that view, stating that Albuquerque is “experiencing a significant increase in crime.” According to Major Cities Chiefs data reviewed, while violent crime has dropped 10% since 2023, the violent crime rate has risen overall in the last decade, with the murder rate soaring 210% since 2014.

The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. Although the city recorded a19% drop in homicides last year, the city’s homicides spiked under Keller despite his policies. Following are the raw numbers of homicide from the 8 years since Keller became Mayor in 2017:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023: 93 homicides
• 2024: 89 homicides

BERNALILLO COUNTY SHERRIFF JOHN ALLEN QUESTIONS NEED TO SEND NATIONAL GUARD TO CITY

Bernalillo County Sheriff John Allen opposes the National Guard coming to Albuquerque to assist with public safety matters. Sheriff Allen said he does not see any benefit to the National Guard coming to the city. Sheriff Allen says he appreciates the move to do something to address crime in the city but is concerned this may be more of a liability. Allen said this:

“I don’t think the National Guard is necessary. That’s my opinion. … There’s a lot of questions. … What’s laid out? What are they doing specifically? … I don’t have any backgrounds [on these people]. … I don’t know who these folks are. [Are we] going to have use of force issues? [Will they be wearing] a body cam? … I just think it sends the wrong message. [The wrong messages are]  ONE law enforcement can’t do its job. … and TWO why do we have the National Guard here in Albuquerque in our streets?”

Sherriff Allen says that so far, he has no plans to use the guard’s help in  his department’s initiatives. Sherriff Allen said this:

“We’re going to stay on our lane. I mean, could it happen? Maybe. The national guard, they’re in a PSA role. I didn’t request a national guard, so not to be rude, I don’t need them. I mean, that’s something the Albuquerque Police Department asked for. We’re going to continue the mission and everything that we’ve been doing as the Bernalillo County Sheriff’s Office, and we’ll continue doing so.”

SHERIFF ALLEN TELLS GOVERNOR “NO” TO DEPUTIZING NATIONAL GUARD TO GIVE THEM LAW ENFORCEMENT AUTHORITY

While guardsmen currently lack law enforcement powers to arrest and detain, state law provides a legal pathway to change that. Under New Mexico law (New Mexico Statute Section 4-41-10), an elected county sheriff has the authority to appoint “special deputies,” granting law enforcement powers to individuals deemed “respectable and orderly.” This statute dates back to New Mexico’s territorial days and has been used to cross-deputize tribal officers. The same could technically apply to National Guard members but doing so could create liability concerns.

The problem is that with the appointment of “special deputies” by any sheriff comes major issues regarding liability, training, management and control. Those issues opens the doors to lawsuits, especially for negligent hiring and training and supervision.

Bernalillo County Sheriff John Allen says he supports the governor, but he also believes sending the National Guard to the city sends the wrong message that law enforcement can’t do their jobs.

Sherriff Allen has made it crystal clear he will not deputize the National Guard coming to Albuquerque. Allen says he had talks with Governor Lujan Grisham about deputizing National Guard members, which would essentially give them law enforcement capabilities, but Sheriff Allen flatly said “NO”.  Sherriff Allen said this:

“It has been asked if I would [deputize], and that would I be responsible for that. My answer is, ‘No.’ I’ll just stop it right there. I don’t think it sends the right message. It is a lot of liability and a lot of other things people have not questioned.”

When it comes to liability, Sherriff Allen brought up body cameras as an example. APD’s Public Service Aides (PSA’s) wear them, and the guardsmen roles will be similar. The city and the National Guard have not announce if the National Guard will be wearing body cameras.

https://www.kob.com/new-mexico/albuquerque-police-chief-outlines-roles-of-national-guard/

CRITICS POUNCE ON IMPACT OF PUBLIC SERVICE AIDE STYLE DEPLOYMENT

Bernalillo County Sherriff John Allen is not the only public safety expert who is  skeptical of deploying the National Guard to the city. Paul Szych, a former police commander, said the National Guard’s limited duties are already primarily handled by the city’s existing Telephone Reporting Unit, which already takes care of non-emergency calls. Szych said this:

“If we’re putting more [personnel] out there for what we already kind of have control of … I don’t really see how that’s going to affect the real dangerous stuff.”

The National Guard deployment has drawn criticism from political and civil rights organizations. The ACLU of New Mexico has warned of the potential for “militarization of civilian law enforcement,” while the Republican Party of New Mexico labeled the move a “cover for a Democrat-run city entrenched in crime.” 

The ACLU of New Mexico was quick to criticize the governor’s authorization to deploy National Guard personnel to Albuquerque calling it “a show of force, not a show of solutions.” Daniel Williams, policy advocate at the ACLU of New Mexico, issued the following statement:

“All of us deserve to be safe at home, at work, and in our community. We, like so many in Albuquerque, know that that’s not always the case in our city. However, Governor Lujan Grisham’s deployment of the National Guard to support Albuquerque police is a show of force, not a show of solutions. New Mexico already has one of the highest per capita rates of people killed by police in the nation. History has shown that military collaboration with local law enforcement often leads to increased civil rights violations, racial profiling, and criminalization of vulnerable populations, particularly those experiencing homelessness and poverty.”

“The governor’s past policy proposals too often have centered on efforts to criminalize and institutionalize unhoused New Mexicans, without a commensurate emphasis on solving the root causes of crime. New Mexicans should be confident that their governor is truly working to keep them safe, not doubling down on failed strategies that will fuel mass incarceration and multiply the harms our communities already endure. In a state so heavily impacted by police violence, the answer to safety cannot and will not be found in increased police presence, especially not through collaboration with the military.” 

“Our neighbors deserve an urgent outpouring of services and support by those trained and equipped to properly provide it. All of us will be safer when all of us are housed. All of us will be safer when all of us have access to good healthcare. All of us will be safer when all of us are economically secure. We join our partners and New Mexicans across the state in asking the governor and all of our leaders to double down on putting resources toward these meaningful solutions, rather than continuing to criminalize the most vulnerable among us.” 

Republican State Senator Nicole Tobiassen, R-Albuquerque sharply criticized the deployment of the National Guard by the Governor and issued the following statement:

“Albuquerque’s crime crisis is a testament to the absolute failure of Mayor Keller and his progressive policies. It’s sad that his own police chief had to go over his head and seek state resources in order to try and keep up with the rampant violent crime, drug trafficking, juvenile crime, and gang activity that plagues our city. Mayor Keller and the progressive Democrats’ failed leadership have made our community into a literal war zone and we must change course before not even state resources can combat the chaos allowed in Albuquerque. This plea for help comes on the heels of a legislative session where Democrat lawmakers denied or killed every single substantive public safety proposal. Elections have consequences and city residents have seen enough. 

APD’S 2024 – 2025 APPROVED BUDGET

The City’s approved  operating budget for fiscal 2024 to 2025 which began July 1, 2024 and ends June 30, 2025 is a whopping $1.4 billion budget.  The General Fund Budget, which is funding for the individual city departments, is $845.9 million.

The Albuquerque Police Department (APD) is the single largest funded department budget and it is about a fifth of the total General Fund Operating Budget. The approved Fiscal Year 2024- 2025 General Fund budget for the Albuquerque Police Department is $271.5 million, which represented an increase of 5.2% or $13.4 million above the Fiscal Year 2024 budget. 1,840 full time positions were fully  funded which included funding for 1,010 sworn police positions.

The 2024-2025 budget included full funding for 1,010 sworn police officers which was identical to the year before. However, APD never hit its goal of 1,000  sworn police.  APD had 856 sworn officers last year and this year the highest number achieved is the current  850 sworn police officers in the department with 50 cadets currently going through the police academy.

FUNCTION AND PURPOSE OF NEW MEXICO NATIONAL GUARD

The New Mexico Army National Guard is a part-time state-based military component that serves a dual mission. Each Guard unit serves under the command of the governor to respond to natural disasters or other state emergencies. In addition, Guard units can be activated to defend the nation when needed.

The National Guard’s main mission is  to respond to domestic emergencies, including natural disasters and combat missions. National Guard personnel are state officers exercising state authority. The national guard does not have authority to make any law enforcement arrests and essentially engages in military or marshal law functions when necessary to restore law and order.

The New Mexico National Guard is the militia of the U.S. state of New Mexico. Comprising the New Mexico Army National Guard and the New Mexico Air National Guard, it is part of the National Guard of the United States, a reserve force under both state and federal jurisdiction.

https://nationalguard.com/new-mexico

https://en.wikipedia.org/wiki/New_Mexico_National_Guard

COMMENTARY AND ANALYSIS

Governor Lujan Grisham declaring an emergency and sending 60 to 70 National Guard troops to aid the Albuquerque Police Department to help fight crime is so very wrong and on so many levels. Simply put, it is not the function of the New Mexico National Guard to become “police service aides” patrolling the streets of Albuquerque in polo shirts and out of uniform at the Governor’s whim and at Chief Harold Medina’s and Mayor Tim  Keller’s request.

The Governor is deploying 70 National Guard to free up 20 to 30 APD Officers.  The Governor’s Executive Order sets a dangerous precedent and it is an abuse of  National Guard Resources and some would say an abuse of power. The Governor should immediately withdraw her Executive Order and instead of dispatching the National Guard, she should deploy New Mexico State Police to the city as she has done in the past. The city needs law enforcement who can enforce the law and make arrests, not public safety aids to support APD.

Chief Medina has  made assurances that the National Guardsmen “[will] not have law enforcement authority” and “cannot take law enforcement action.”  Chief Medina has no authority to dictate to the National Guard and its an affront to the purpose of the National Guard. Having the National Guard deployed as public safety aides is an insult to the guard and its mission.

Bernalillo County Sherriff John Allen is absolutely correct when he says:

“I don’t think the National Guard is necessary. That’s my opinion. … [Are we] going to have use of force issues? [Will they be wearing] a body cam? … I just think it sends the wrong message. [The wrong messages are]  that  ONE law enforcement can’t do its job. … and TWO  why do we have the National Guard here in Albuquerque in our streets?”

GUARD WILL BE EXPOSED TO POTENTIAL INJURY

The  guard personnel will be to be initially assigned to the following three areas:

• 12 guardsmen will work with the Real Time Crime Center to expand and operate APD’s drone program.
• 12 guardsmen will work with the Prisoner Transport Center to help with evidence collection and other tasks that often prevent officers from returning to the field for patrol.
• 36 guardsmen will assist with scene security during critical incidents and investigations.

The Real Time Crime Center is not a problem. However, there is little doubt that there is a need for the National Guard to be armed in that they  be exposed to confrontation and personal injury  when working at the Prisoner Transport Center or securing scenes during critical incidents and investigations with the potential contact with criminals.  Will the guard be required to transport prisoners unarmed? Then there is the question who will be in charge of supervising and giving orders to the  National Guard, APD management or National Guard officers?

MAYOR KELLER’S AND CHIEF MEDINA’S APD TRAIN WRECK 

The National Guard assisting the Albuquerque Police Department is in response to ongoing public safety challenges in the city, particularly along the Central Avenue corridor. What APD needs is an increase in law enforcement personnel to carry out its mandated mission. Mayor Keller and Chief Medina have been failures in seeing to it that APD is fully staffed

During the April 8 news conference on the Governor deploying the National Guard, both Mayor Keller and Chief Medina tried to emphasize that the deployment of the National Guard was temporary and an effort to assist APD to combat crime. Chief Medina said the hope is to have 1,000 APD officers, which currently has around 850 by the time the NMNG leaves. No one should bet on the deployment of the National Guard to help APD as being successful nor on APD having 1,000  police officers any time soon let alone when the National Guard leaves.

Seven years ago when Keller first ran for Mayor, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates and APD numbers:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Proclaiming violent crime was out of control, Keller said that he could get crime down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD still currently at about 850 sworn officers.

APD has fallen off the cliff under Keller’s leadership over the last 7 years. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as APD with the department still dangerously understaffed at about 850 cops despite seven years of increased budgets, salary increases, and lucrative bonus pay. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

The truth is APD is very top heavy with mid to upper management.  According to sources within APD, including one area commander, the city has only about 250 sworn police officers out of the current 850  sworn who actually are patrolling the streets in three shifts 24 hours a day. Confidential source within APD have confirmed that many area commands often have as few as 3 sworn police patrolling entire area commands in 8 hours shifts, especially in high call volume area commands such as the South East Heights.

APD’s budget is the largest city department budget with funding of $271.5 million dollars. APD Chief Medinas March 31 letter to Governor Lujan Grisham was his admission that he can not manage APD in an competent and effective manner. Its an admission the department cannot do its job with the resources it has been given.

Rather than asking the Governor to send the National Guard to the City to patrol the streets of Albuquerque, Mayor  Keller and Chief  Medina should order all APD mid-management, including Lieutenants, Deputy Commanders, Commanders and Deputy Chiefs and order all detectives into uniform, and order them to get the hell out from behind their desks and mandate that they patrol streets of Albuquerque and make arrests at least 4 hours a day and assist with the very duties that they want the National Guard to perform. It’s called management of your limited personnel resources to deal with a crisis as opposed to Keller and Medina’s mismanagement.

______________________

POSTSCRIPT

Links to quoted or relied upon news sources are here:

https://www.governor.state.nm.us/2025/04/08/governor-authorizes-national-guard-to-support-albuquerque-police-department/

https://www.abqjournal.com/news/article_d29478ca-ace6-47b2-a868-48f1e8ac190b.html#tncms-source=home-featured-7-block

https://www.kob.com/news/top-news/governor-authorizes-deployment-of-national-guard-to-support-apd/

https://www.krqe.com/news/albuquerque-metro/new-mexico-governor-authorizes-national-guard-deployment-to-albuquerque/

https://www.koat.com/article/albuquerque-crime-national-guard-police/64423121

https://nmpoliticalreport.com/2025/04/08/governor-orders-national-guard-to-albuquerque-to-help-police/

https://www.abqjournal.com/news/article_762917cd-6b29-4963-b5b9-6f587fd9ac75.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_2c3fb162-25e3-4102-ae2c-0d96416c6c6d.html#tncms-source=home-featured-7-block

https://www.koat.com/article/deployment-of-national-guard-to-albuquerque-raises-questions-about-authority-and-effectiveness/64436701

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-department-outlines-specific-roles-of-national-guardsmen/

https://www.koat.com/article/what-national-guard-plans-to-do-in-albuquerque-koat-crime/64462035#:~:text=ALBUQUERQUE%2C%20N.M.%20%E2%80%94,the%20benefit%20in%20the%20action.

https://nmpoliticalreport.com/2025/04/08/governor-orders-national-guard-to-albuquerque-to-help-police/

The 2025 New Mexico legislative session began on January 21 and ended on March 22, 2025 at 12:00 Noon when adjournment (sine die) was declared. More than 1,200 bills were filed during this year’s 60-day session which is  roughly 100 bills more than two years ago.

New Mexico lawmakers passed a total of 195 bills. Governor Lujan Grishan signed into law 160 bills vetoed 18 bills and “pocket vetoed” 17 bills.  The Governor had until April 11 to sign or veto the legislation.

This article is an in depth report on the legislation that has become law and the bills that were vetoed by the Governor. The article delves into the  3 major failures of the 2025 New Mexico Legislature.

GOVENOR SIGNS BUDGET BILL 

On Friday April 11, Gov. Michelle Lujan Grisham signed into law the  $10.8 billion spending plan for the coming budget year.  Lujan Grisham used her line-item veto authority to ax some spending initiatives and language from those bills.

The governor struck down a $1 million appropriation for start-up costs associated with a new Office of the Child Advocate, which lawmakers approved this year to investigate complaints involving the state’s troubled Children, Youth and Families Department. Lujan Grisham signed the bill last month after opposing it. The veto of the funding is a sign of sure vindictiveness on the Governor’s part given her strong opposition to legislation calling for oversight of the CYFD.

The governor also vetoed a budget earmark stipulating that up to $80 million of a $110 million appropriation for statewide affordable housing projects be split between Albuquerque and Bernalillo County. Other vetoes included funding for the Legislature to consider audit and evaluation requirements for a new behavioral health law, and reporting requirements tied to CYFD funding.

According to the Governor’s office, the  line-item vetoes of the budget bill amounted to upwards of $19 million. More than half of that amount was tied to bills that failed to pass, meaning the funding could not have been put to use even if left intact.

Lujan Grisham also vetoed language stipulating that pay raises for New Mexico public school personnel average 4%.  The result is that all school employees will get 4% raises beginning this summer. State employees will get 4% salary increases under the budget plan.

The signed budget bill will boost recurring state spending for the fiscal year that starts in July 1  by $618 million,  or upwards of  6%,  over current levels amid the  an ongoing New Mexico revenue surge caused  by the  oil production boom in southeast New Mexico’s Permian Basin.

GOVERNOR SIGNS PUBLIC WORKS BILL

In addition to signing the budget bill, the Governor also signed the $1.2 billion package of public works projects around New Mexico.  However, the governor vetoed all capital outlay projects with appropriations of less than $10,000, saying such small projects should not be funded with state dollars. Her vetoed projects in the bill amounted to nearly $1.3 million which is only slightly more than 0.1% of the bill’s total funding.

Lawmakers used the state’s budget surplus to pay for most of the projects in House Bill 450 which is the capitol outlay bill  though some projects will be paid for by bonds backed by future severance tax revenue. The annual public works package sparked political controversy during the final week of the session, as Republicans objected to a $10 million earmark inserted by the Governor’s Office for a new reproductive health clinic in northern New Mexico.

The link to the relied upon or quoted news source is here:

https://www.abqjournal.com/news/article_fc68cbb8-a232-4600-8268-83138b2ee290.html#tncms-source=home-featured-7-block

ONE HUNDRED SIXTY BILLS SIGNED INTO LAW

On April 7  Governor Michelle Lujan Grisham signed into law 60 bills passed by the 2025 New Mexico legislature. The 60 bills address  a wide range of priorities. The bills include healthcare access, public safety, economic development, elections and education. The Legislation Lujan Grisham signed into law on April 7 will:

• Strengthen public safety through measures like the Turquoise Alert System (SB 41) and enhance DNA collection for certain offenders (HB 340).
• Support economic development through the Strategic Economic Development Site Readiness program (SB 169)
• Expand educational opportunities with the Community School Fund & Framework (SB 387), Public Education Reform Fund Uses (SB 201), and Broadband for Education (SB 401).
• Enhance healthcare access by ensuring coverage for diabetic foot ulcer equipment (HB 233) and improving pharmacy reimbursement plans (HB 174).
• Protect natural resources under the Wildfire Prepared Act (SB 33).

The following is a breakdown of the most  notable bills signed  in the first wave of 60 bills signed into law by the Governor followed by a complete listing of the bills signed:

NOTABLE BILLS SIGNED INTO LAW

Senate Bill 16 is the Non-Major Party Voters in Primary Elections bill. The bill makes it easier for roughly 310,000 independent voters in New Mexico to cast ballots in primary elections. The growing ranks of New Mexico voters with no party affiliation will be allowed to vote in primary elections without changing their nonpartisan status under the bill signed into law. Senate Bill 16 passed with bipartisan support in both chambers.

Backers of the bill creating semi-open primary elections said the change could boost voter turnout rates, starting in the 2026 election cycle. Molly Swank, the executive director of Common Cause New Mexico said this:

“This will ensure the voices of hundreds of thousands of folks across New Mexico will be heard in our primary elections, and Common Cause is honored to be a part of a movement expanding access to voting when we see so many states trying to restrict it.”

Under the current system, independent voters, or those who decline to align with a political party, must change their party affiliation to vote in primary elections.  Critics describe process as cumbersome for county clerks, and say few independent voters have utilized it. Independents currently make up about 23% of the state’s more than 1.3 million registered voters

Senate Bill 219  establishes a program for medicinal use of psilocybin mushrooms.  It creates  a state-run psilocybin program for medical patients. The legislation  will allow patients diagnosed with post-traumatic stress disorder, substance abuse disorders and several other conditions to legally use psilocybin, or “magic mushrooms”, under medical supervision.  The approval of a state-run psilocybin program will make New Mexico the third state to authorize use of the drug following the states of  Oregon and Colorado. Several military veterans urged lawmakers to pass the bill during this year’s session, citing their own experiences with psilocybin use.

Senate Bill 481 will  establish what would be known as the “State Fairgrounds District” which would consist of a seven member Board to oversee and govern the state fair known as Expo New Mexico  and to make appropriations for development. The 5 member board would have the following  designated membership:

• The Governor
• The Governor’s designee from the area of the Fairgrounds
• The Albuquerque Mayor
• The  State Senator or their designee within whose district the Fairgrounds is located
• The State Representative or their designee whose district the Fairgrounds is located
• The Bernalillo City Commissioner within whose district the Fairgrounds are located
• The City Councilor within whose district the fairgrounds is located

Senate Bill 481, will create a “State Fairgrounds District Fund” for  the 236-acre State Fairgrounds located North of  Central Avenue,  South of Lomas,  East of San Pedro and  West of Louisiana and any additional land adjoining it nearby the state may acquire. The legislation would empower the board to issue bonds up to $500 million with the pledge to repay those bonds with Gross Receipt Tax (GRT)  from GRT and Gaming Tax with maturity of up to 25 years for the bonds. The State Fairgrounds District fund would receive “net receipts attributable to gaming tax from business locations on land owned by the state fairgrounds”.

House Bill 458  establishes the Energy, Minerals, and Natural Resources Department’s authority to regulate carbon sequestration which is pumping carbon dioxide into the ground. The bill collects fees for injection and establishes a fund to cover the costs of liability for ensuring carbon stays stored underground.

Senate Bill 41 mandates the  establishment of  an alert system for missing Indigenous people, a move praised by the Coalition to Stop Violence Against Native Women. CSVANW Executive Director Tiffany Jiron said this in a statement.

“Today, we celebrate a victory for Native communities across New Mexico and beyond. … The signing of SB41 is not just a policy achievement, it’s a victory for every Native mother, daughter, sister, and aunt who has ever been impacted by the violence that continues to ravage our communities…The Turquoise Alert System is a powerful tool that will help law enforcement act quickly when a Native person goes missing, providing the necessary resources to respond with urgency and care.”

Senate Bill 364 allows immigrants who are non-citizens to be hired as law enforcement officers in New Mexico if they are authorized to legally work in the United States.  This is being promoted as the solution for law enforcement departments that are seriously understaffed, especially the Albuquerque Police Department, to increase their diminished ranks with a new pool of potential applicants. This bill will no doubt raise the ironic optics of American citizens actually being arrested and charged in their own country by  non-citizens who again may be performing jobs American citizens do not want.

https://www.abqjournal.com/news/article_a27d9e87-4613-4cdb-b9e4-bb3e284c23b1.html#tncms-source=home-featured-7-block

Senate Bill 57, which creates an exemption in the state’s public records laws for any records that contain “personal identifying information or sensitive information,” of public sector abortion providers.

Senate Bill 375, which allows early discharge for people who comply with probation and removes payment of court and parole costs as a condition of parole eligibility. The governor did vetoed a more comprehensive set of reforms to the state’s parole system.

Senate Bill 33 creates a Wildfire Prepared Program in the Energy, Minerals and Natural Resources Department’s Forestry Division to provide technical assistance and training to help structures and properties in high-risk areas survive wildfire.

Senate Bill 66 exempts the Early Childhood Education and Care Department,  the Children, Youth, and Families Department, the Public Education Department, and other agencies from  considering people applying for caregiver roles from the Criminal Offender Employment Act, which prohibits employers from automatically barring people from job opportunities because of their criminal history.

Senate Bill 115 authorizes loans for up to $1 million to an additional 200 public entities, such as schools, cities and local governments.

House Bill 206 authorizes the New Mexico Finance Authority to loan money to 62 public entities for water infrastructure projects.

LISTING OF BILLS SIGNED

Following is the complete listing of all the bills that Governor  Lujan Grisham signed into law on April 7:

SENATE BILLS SIGNED INTO LAW

• Senate Bill 007: Storm Water Service as Municipal Utility
• Senate Bill 008: Veterinary Medical Loan Repayment Program
• Senate Bill 016: Non-Major Party Voters in Primary Elections
• Senate Bill 033: Wildfire Prepared Act
• Senate Bill 037: Strategic Water Reserve Fund
• Senate Bill 039: Add Classes to Prior Authorization Drugs
• Senate Bill 041: Turquoise Alert System
• Senate Bill 053: Prescribing Psychologist Psychotropics
• Senate Bill 057: Medical Provider Patient IPRA Info
• Senate Bill 066: Criminal Offender Employment Exemptions
• Senate Bill 072: Nonprofit Condo Assoc. Remote Business
• Senate Bill 083: Innovation in State Government Fund
• Senate Bill 100: Indebtedness Limit of Arroyo Flood Control
• Senate Bill 101: Increase Certain Livestock Fees
• Senate Bill 113: Board & Commission Sunset Dates
• Senate Bill 115: Public Project Revolving Fund Projects
• Senate Bill 127: Movie Exemption from Barber & Cosmetic Act
• Senate Bill 155: Determination of Embezzlement Penalty
• Senate Bill 169: Strategic Economic Development Site Readiness
• Senate Bill 170: NMFA Definitions, Funds & Rates
• Senate Bill 201: Public Ed. Reform Fund Uses
• Senate Bill 219: Medical Psilocybin Act
• Senate Bill 236: Look Twice for Motorcycle License Plate
• Senate Bill 252: Social Work Telehealth Services
• Senate Bill 274: Board of Finance Approval for Land Sales
• Senate Bill 353: Search & Rescue Emergency Responses
• Senate Bill 364: Law Enforcement Qualifications
• Senate Bill 375: Probation & Parole Changes
• Senate Bill 376: State Employee Health Benefit Contributions
• Senate Bill 387: Community School Fund & Framework
• Senate Bill 401: Broadband for Education
• Senate Bill 481: State Fairgrounds District Act
• Senate Bill 535: Public Peace, Health, Safety & Welfare State Fees & Funds

HOUSE BILLS SIGNED INTO LAW

• House Bill 41: Public Project Fund Appropriations
• House Bill 071: Early Childhood Ed & Care Fund Transfers
• House Bill 99: Nonrepairable Vehicle Certificates
• House Bill 101: Firearm At Polling Place for Law Enforcement
• House Bill 102: Violent Felonies for Meritorious Deduction
• House Bill 131: Caregiver Background Checks
• House Bill 159: Energy Project Siting & Military Bases
• House Bill 167: Higher Ed. Payment for Certain Tests
• House Bill 174: Pharmacy Reimbursement for Certain Plans
• House Bill 192: Digital Trunked Radio System Subscriber Fees
• House Bill 206: NMFA Water Project Fund Projects
• House Bill 233: Diabetic Foot Ulcer Equipment Coverage
• House Bill 244: Magistrate Judge Minimum Age
• House Bill 251: Ed. Retirement Beneficiary Changes
• House Bill 281: Hair Braiding Licensure
• House Bill 298: Local Government Official Changes
• House Bill 323: Engineer Licensure
• House Bill 340: DNA Of Certain Offenders in CODIS
• House Bill 357: Mi Via Waiver Program Provider Gross Receipts
• House Bill 361: EMNRD Conversion of Certain Wells
• House Bill 402: Health Insurance Provider Info Loading
• House Bill 431: Appointment Of Watershed Boards
• House Bill 439: Public Safety Telecommunicator CPR Training
• House Bill 458: Carbon Dioxide Storage Stewardship Act
• House Bill 553: Timber Grading Act
• House Bill 586: Review Of Certain Healthcare Transactions
• House Bill 618: Clarify DoIT Role on Agency Projects

Links to quoted or relied upon news sources are here:

https://www.governor.state.nm.us/2025/04/07/governor-lujan-grisham-signs-60-bills-into-law/

https://apnews.com/article/new-mexico-open-primaries-87d4d04bf0de858f2287f1d36b360b4e

https://www.abqjournal.com/news/article_ee182649-c103-4e56-b3ee-8dcf9e325ff8.html

https://www.abqjournal.com/news/article_ee990fc0-5762-4678-b1db-17cfc3488756.html#tncms-source=home-featured-7-block

https://sourcenm.com/2025/04/08/gov-lujan-grisham-signs-60-bills-into-law/

FORTY-ONE BILLS SIGNED INTO LAW

On April 8, Governor Michelle Lujan Grisham announced she signed 41 bills into law.  The bills address a wide range of priorities including healthcare access, economic development, education, environmental protection, and public safety.

A complete list of bills signed by the governor on April 8  is as follows:

HEALTHCARE IMPROVEMENTS

• HB 056: Medicaid Reimbursements for Birth Centers
• HB 078: Prohibit Discrimination Against 340B Entities
• HB 117: Death Certificate by Physician Assistant
• HB 171: Pharmacy Custodial Care Facilities
• HB 178: Nursing Practice Changes
• SB 120: No Behavioral Health Cost Sharing
• SB 122: Expand Prescription Drug Donation Program
• SB 249: Health Care Provider Gross Receipts

ENVIRONMENTAL PROTECTION

• HB 093: Advanced Grid Technology Plans
• HB 128: NMFA Local Solar Access Fund
• HB 137: Strategic Water Supply Act
• HB 140: ‘Hazardous Waste Constituent’ Definition
• HB 212: Per- & Poly-Flouroalkyl Protection Act
• HB 240: Drinking Water System Grants & Loans
• SB 021: Pollutant Discharge Elimination System Act

ECONOMIC DEVELOPMENT

• HB 019: Trade Ports Development Act
• HB 368: High Wage Jobs Tax Credit ‘Threshold Job’
• HB 456: Architect & Engineering Services & Construction
• SB 357: Essential Services Development Act

EDUCATION AND PUBLIC SERVICE

• HB 063: Public School Funding Formula Changes
• HB 069: Loan Forgiveness Multiplier Act
• HB 089: Graduate Scholarship Act Changes
• SB 019: Boards Of Regents Training Requirements
• SB 146: Educational Opportunity for Military Children
• HB 336: Certain Retirees Returning to Work

COMMUNITY SUPPORT AND GOVERNANCE

• HB 010: RLD Cannabis Enforcement
• HB 024: Community Governance Attorneys Changes
• HB 113: Animal Welfare Program and Trust Fund
• HB 158: Military Base Planning & Impact Act
• HB 295: Tax On Property Owned by NM RETA
• HB 296: Public Accountant Licensure Requirements
• HB 398: HMO & Contract Provider Exam Time Lines
• HB 468: Retiring of State Flags
• SB 088: Medicaid Trust Fund & State Supported Fund
• SB 092: Horse Racing & Jockey Insurance Fund
• SB 126: Increase Rural Service Fund Allocations
• SB 159: Independent Theater Beer & Wine Licenses
• SB 221: Additional Unfair Insurance Claims Practice
• SB 267: Housing Application Fees
• SB 280: NMMI In Capital Outlay Act
• SB 290: Raise Marriage License Fees

https://www.governor.state.nm.us/2025/04/08/governor-lujan-grisham-signs-41-bills-into-law/

TEN BILLS SIGNED INTO LAW

On April 9  Gov. Michelle Lujan Grisham signed 10 bills into law. The bills  include requiring  all schools to install heart defibrillators,  adding additional crimes to the state’s organized crime laws and approving a pilot project for grandparents raising grandchildren. The highlights of the bills signed are as follows:

House Bill 54 requires all public schools to develop plans for addressing cardiac emergencies and have electronic devices on site. The bill originally requested high schools to meet the requirements, but lawmakers amended it to include all schools. High schools are required to install automated external defibrillators by the 2026 school year, and elementary schools must comply by 2027.

Senate Bill 70 adds additional crimes that qualify for racketeering charges, including dog and cockfighting, human trafficking, sexual exploitation of children, criminal sexual penetration; criminal sexual contact and bringing contraband into prisons and jails.

House Bill 252 develops a $4 million dollar pilot project for the Aging and Long Term Services Department to provide funding for grandparents or next-of-kin raising children. The bill will address 50 families in five to seven counties.

House Joint Resolution 2 removes the governor’s pocket veto power with lawmakers unanimously passing the measure. Voters will have the chance to vote on the constitutional change in 2026 unless a special election before then is called.

The full list of the bills signed into law on April 9 is here:

ECONOMIC DEVELOPMENT

• House Bill 6: IRB Project Minimum Wage
• House Bill 20: Technology & Innovation Division
• Senate Bill 59: Public Works Minimum Wage Definitions

EDUCATION AND STUDENT SAFETY

• House Bill 54: Defibrillators In Every High School
• House Bill 532: Student Water Safety Guidance

PUBLIC SAFETY AND LEGAL IMPROVEMENTS

• Senate Bill 070: Add Racketeering Crimes
• Senate Bill 168: Travel Insurance Act

COMMUNITY SUPPORT AND GOVERNANCE

• House Bill 172: New Mexico Red & Green Chile Month
• House Bill 218: Tax Changes
• House Bill 252: Kinship Caregiver Support Pilot Program

Links to relied upon or quoted news sources are here:

https://sourcenm.com/briefs/gov-lujan-grisham-has-signed-more-than-half-the-legislation-sent-up-by-lawmakers/

https://www.abqjournal.com/news/article_d21532ae-b1e9-4f61-9f23-201675e6951f.html#tncms-source=home-featured-7-block

TWENTY TWO BILLS SIGNED INTO LAW

On April 10  Gov. Michelle Lujan Grisham signed 22 bills into law. The bills include laws dealing with education, privacy protections, addiction recovery and clean energy. The highlights of the more notable bills signed are as follows:

Education Measures: Gov. Michelle Lujan Grisham signed a bill increasing the minimum teacher salary in New Mexico to $55,000. Seven other education bills also passed, including one requiring districts to set policies on cellphones and other electronic devices by August. Newly signed bills also address teacher licensure and protect Hispanic education programs.

Addiction Care Shift: Oversight of the state’s Comprehensive Addiction and Recovery Act moves from the Children, Youth and Families Department to the Department of Health. The law mandates safe care plans for drug-exposed newborns.

Privacy Protections for State Employees: One new law prohibits state employees from sharing personal information including such immigration status, gender identity, or medical details outside of their agency, with some exceptions.

Oil and Gas Royalties Increase: After multiple failed attempts, the oil and gas royalty cap will rise from 20% to 25%, marking a long-awaited win for State Land Commissioner Stephanie Garcia Richard.

Climate Change And Disaster Relief Funding Bill:   Senate Bill 48 is the Community Benefit Fund, which contains $210 million for communities to use for a series of projects to mitigate climate change impacts. These include: train workers in the oil and gas industry for other jobs; reduce oil and gas emissions; improve the electric grid; develop renewable energy projects; modify public buildings to be more energy efficient; reduce the impacts of climate change on human health, agriculture and the environment; purchase electric vehicles and develop charging infrastructure.

The list of the bills signed on April 10 is as follows:

EDUCATION

• House Bill 156: Increase Educational Salaries
• House Bill 157: New School Licenses
• House Bill 195: School Nurse Salary Tiers & Minimums
• House Bill 487: Protection Of Hispanic Education
• Senate Bill 11: Anti-Distraction Policy in Schools*
• Senate Bill 133: Educational Retirees Returning to Work
• Senate Bill 343: Teacher Salary Rates Changes
• Senate Bill 345: Teacher & Instructional Support Licensure

ENERGY AND THE ENVIRONMENT

• House Bill 91: Public Utility Rate Structures
• House Bill 291: Recycling & State’s Circular Economy
• Senate Bill 9: Pipeline Safety Act Violations Civil Penalty
• Senate Bill 23: Oil & Gas Royalty Rate Changes

HEALTH CARE MEASURES

• Senate Bill 42: Comprehensive Addiction and Recovery Program*
• Senate Bill 45: County Health Care Assistance Fund Use
• Senate Bill 78: Certified Nurse Anesthetist Role

MISCELLANEOUS

• House Bill 352: Close & Relocate Certain Magistrate Courts
• House Bill 493: Public Finance Accountability Act
• Senate Bill 31: Zero-Interest Natural Disaster Loans (includes a line-item veto that was unavailable as of publication)
• Senate Bill 36: Sensitive Personal Information Nondisclosure
• Senate Bill 47: Santa Cruz De La Canada Land Grant
• Senate Bill 48: Community Benefit Fund
• Senate Bill 124: Superintendent Of Insurance Subpoenas

The links to quoted or relied upon news sources are here:

https://www.abqjournal.com/business/energy/article_6e7cc916-c373-4e8e-9623-1f7a7871880c.html

https://sourcenm.com/2025/04/11/amid-federal-pushback-gov-lujan-grisham-enacts-climate-change-funding-bill/

THIRTY FIVE BILLS VETOED

Gov. Michelle Lujan vetoed a total 35  bills enacted by  the 2025 legislative session. In doing so she also lashed out against the legislature. The bills she vetoed include  the tax package approved by lawmakers on the second to last day of or this year’s session, a bill dealing with lobbyist disclosure, new custom license plates and making tortillas New Mexico’s official state bread.

In addition to the 35 bills she vetoed from this year’s session, Governor Lujan Grisham also “pocket vetoed”  17 bills, meaning she didn’t sign them by the deadline and doesn’t have to explain her reasoning.

The pocket vetoes included measures aiming to increase housing affordability and accessibility, bar state universities from denying students’ admission based on immigration status, change the New Mexico Gaming Control Board and update the state’s Sunshine Portal.

Following are the most notable vetoes:

House Bill 143: Lobbying Activity Reports 

House Bill 143 was high-profile bill requiring registered New Mexico lobbyists to disclose which bills they actively supported and which bills they lobbied against.  It would have require lobbyists, or their employers, to file “lobbyist activity reports” disclosing stances on bills they’re influencing, and, if positions change, to update their stances within 48 hours.

In her veto message, the governor wrote that she supported the bill’s intent, but it needed work. For instance, she continued:

“It imposes an onerous  requirement that lobbyists or their employers file these reports within forty–eight hours of commencing the lobbying activity— including any time their ‘position on legislation has changed’— irrespective of weekends and holidays. It is also unclear how this requirement applies to lobbying activity that commences on legislation after the adjournment of a legislative session since another subsection of HB 143 simply provides that these reports merely need to be filed ‘prior to the end of the time period in which the governor may act on legislation.”

Moreover, she wrote, the bill does not make it clear what constitutes a “change in position” for lobbyists. Lastly, she added, “I think it is important that elected officials with a donor base such as legislators (and governors) also be required to disclose their changes in position. I look forward to working with the Legislature in the next session on a bill that really adds transparency and accountability.”

Rep. Sarah Silva (D-Las Cruces) a freshman legislator who co-sponsored HB143, called the veto “an unfortunate setback,” and said that state government should work to be more transparent.

Silva said this in a written statement:

“It’s ironic that HB143 would have given us information about who lobbied the governor to veto this bill – and without it, we have no way to know. … In other words, her veto demonstrates the need for the very legislation she killed today.”

House Bill 14: Earned Income Tax Credit (Tax Package) 

House Bill 14 was the compromised tax packaged. The governor simply vetoed the entire package.  There was an extensive amount of last-minute wrangling over the tax package, which ultimately included a slight tax on alcohol sales, among tax credit expansions in fiscal year 2027 paid out of state reserves.

In her veto message, the governor lashed out at  lawmakers for “last-minute deal-making” on the tax package, which passed after House and Senate members reached a compromise that delayed the effective date of most of its changes until next year.

Lujan Grisham lashed out in her veto message and said this:

“New Mexicans deserve thoughtful, forward-looking policy-not last-minute dealmaking that delays relief, ignores economic opportunity, and undermines fiscal responsibility. … That is not prudence — it is paralysis. … Even more troubling is the fact that what ultimately emerged lack both strategic coherence and fiscal responsibility. There was no plan and no preparation for how to pay for the tax relief in this bill. …”

Among other provisions, the tax package would have given a personal income tax break to an estimated 101,000 working New Mexicans and would have provided a tax credit or deduction for foster parents and health care practitioners. The vetoed bill, House Bill 14, also called for a 20% hike in New Mexico’s liquor excise tax rate. The Governor said she supported some of those ideas, but encouraged lawmakers to “do better” during next year’s 30-day legislative session.

Rep. Derrick Lente, D-Sandia Pueblo, the chair of the House Taxation and Revenue Committee, said Friday he was disappointed by the governor’s veto. Lente said this:

“I think a lot of the measures in this tax omnibus package were going to support New Mexicans during this time of financial uncertainty. We’ve missed a large opportunity here by not putting this into law.”

Representative Lente said the provisions included in the tax package had been thoroughly vetted before being added to the bill,  but acknowledged the Senate’s decision to remove a proposed oil surtax complicated negotiations about the tax package’s budgetary impact during the session’s final days.

The tax package veto came on the final day for the governor to act on legislation passed during the legislative session, which ended March 22.

House Bill 36: Board of Optometry Powers and Duties,

The bill would have allowed optometrists to perform several procedures that currently can only be performed by ophthalmologists. The governor wrote:

“I am vetoing this bill because it sets a dangerous precedent for allowing non-surgeons to perform surgical procedures.”

House Bill 77: Annual Federal SNAP State Outreach Plans

The bill would have required the Health Care Authority to develop annual outreach plans to promote the federal Supplemental Nutrition Assistance Program.  The governor wrote “it is unnecessary because the HCA already does extensive outreach promoting SNAP.”

House Bill 120: Accessibility of State Agencies

This legislation would have required state agencies to develop their websites to meet federal disability standards, and create  a state office to enforce the digital standards. Lujan Grisham said in her veto message the bill duplicates an effort her office started and said this:

“[Enacting] it into law will only disrupt the process that my Administration has already established to ensure accessibility.”

House Bill 181: State Trust Program Accountability Plan

The bill would have amended the Accountability in Government Act. The governor said she vetoed the bill because “it does not achieve its stated goal of increasing transparency and accountability in the use of GRO Trust funds.”

House Bill 191: Wildfire Suppression & Preparedness Funds

This legislation would have created two wildfire-related permanent funds administered by the Energy, Minerals and Natural Resources Department (EMNRD): the post wildfire fund and the wildfire suppression fund, with a $12 million appropriation attached to the first fund. The Governo wrote in her veto message:

“The wildfire suppression fund is a good idea on its face ... However, the Legislature did not provide any money for it, instead requiring all federal reimbursements for wildfire suppression costs or out–of–state assignments for state crews to be deposited into the fund. Given the snail’s pace of federal reimbursements–which have only gotten slower in recent months–relying on that funding stream does not set this program up for success. I will, however, require the Energy, Minerals and Natural Resources Department’s Forestry Division and the State Fire Marshal’s Office to collaborate on outreach to the public to educate homeowners on effective means to minimize the risk to private property from wildfires.” As for the $12 million appropriation, she wrote, “put simply, that is not nearly enough money to even put a dent in post fire recovery operations.”

House Bill 219: Slot Canyon Riverlands State Park

This bill would have created a new state park in Southern New Mexico. The governor said she vetoed the bill due to existing state parks already being understaffed and undermaintained. She wrote this in her veto message:

“Adding another state park will only spread stretched resources even further.”.

Patrick Nolan, executive Director of Friends of the Organ Mountains-Desert Peaks said this in  a statement about the veto:

“To say we are disappointed in the Governor’s veto would be an understatement. This project was well thought out, closely coordinated with the State Parks Department, and supported by a significant number of Southern New Mexicans. … It was by all measures a winning idea that would have insured equitable and safe access to our public lands for generations of New Mexicans and their families. At a time where the federal government is proposing a sell off of public lands, New Mexico had the opportunity to demonstrate our shared values on protected public lands and open spaces, and the Governor failed to do so.”

State Rep. Nathan Small (D-Las Cruces) expressed similar sentiments in a statement that read  in part:

“As a lifelong New Mexican and avid outdoorsman, I have a deep appreciation for all of our incredible state parks. That’s why I worked to secure $40 million in the state budget for management and maintenance of existing parks, as well as Slot Canyon. This veto is a missed opportunity to expand Southern New Mexico’s recreational economy, but critically — halts investments in safety infrastructure for the many folks already exploring Las Cruces’ popular slot canyon every day. However, our efforts to establish this state park will continue, so folks can recreate safely and our community can benefit from the new opportunities for economic development and growth.”

House Bill 269: Health Care Authority Visit Verification

In her veto message the governor wrote this bill is unnecessary as the HCA is already working on creating the type of system prescribed in the legislation, and with completing anticipated in October.

House Bill 433: Study Career & Tech Education

The governor said in her veto that the bill was simply unnecessary.

House Bill 494: Tax Exemptions for Veterans

The governor wrote in her veto message that “This bill purported to enable veterans to claim a property tax exemption. However, HB 494 actually makes it harder for veterans to obtain this important benefit by changing the current one year window to apply to a mere 30 days. … this bill benefits county assessors more than veterans”

Senate Bill 142: Grid Modernization Roadmap

Lujan Grisham said this bill duplicated efforts already in motion at the Energy Minerals and Natural Resources Department.

Senate Bill 220: Publication Of Legal Settlement Terms 

The bill would have required the state’s insurance arm the Risk Management Division and the Public School Insurance authority to post settlement data from alleged misconduct to the state’s Sunshine Portal. Risk Management Division has been voluntarily posting the information since 2019, but SB220 would have added an additional layer of review in cases resulting in deaths, serious injury or losses over $250,000, and required reports to the legislature. Lujan Grisham wrote the bill was unclear in the standards for the review. She wrote in her veto message:

“[The Legislature] failed to appropriate any funds support this significant workload increase, nor did the Legislature account for the resources needed to ensure a fair, thorough, and timely process.” 

Detailed information on the specific vetoes and their rationale are posted on the Secretary of State’s website in messages here:

https://www.governor.state.nm.us/2025/04/11/governor-lujan-grisham-vetoes-16-bills/

https://www.kob.com/politics-news/new-mexico-politics/new-mexico-governor-vetoes-18-bills-questions-lawmakers-priorities/

https://www.kob.com/new-mexico/governor-flexes-line-item-veto-powers-during-2025-legislative-session/

Links to quoted or relied upon news sources are here:

https://www.sos.nm.gov/legislation-and-lobbying/signed-chaptered-bills/2025-legislation/

https://sourcenm.com/2025/04/11/nm-governor-nixes-new-license-plates-state-bread-lobbying-disclosure/

https://www.abqjournal.com/business/money/article_64b7d4d0-04d4-4455-b4cd-d462fac45f20.html#tncms-source=home-featured-7-block

OTHER MAJOR LEGISLATION SIGNED INTO LAW

It was on February 27, Governor Michelle Lujan Grisham signed into law the Behavioral Health Reform Package and the Omnibus Crime Package. In summary, the two major pieces of legislation provide as follows:

The Behavioral Health Reform Package consists of  3 Senate Bills that will make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. Senate Bill 1 creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. Senate Bill 2  allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. Senate Bill 3 requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

The Omnibus Crime Package. House Bill 8, is a compilation of six different bills that were consolidated into a single bill. It includes provisions dealing with fentanyl trafficking, auto theft and drugged driving (DWI). It also includes outlawing the devices used to convert semi-automatic firearms into fully automatic weapons. It makes changes to how New Mexico handles criminal defendants deemed incompetent to stand trial and adding a dangerousness evaluation in such cases and giving judges more options for treatment programs.

On Friday, March 21, the day before the 2025  New Mexico Legislature session ended, Gov. Michelle Lujan Grisham signed into law House Bill 5 which creates an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. The office will commence operation in July. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

The OCA will also review CYFD’s policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To’hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).

The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor’s office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico’s children.

In a line item veto in the enacted state budget, the governor struck down a $1 million appropriation for start-up costs associated with a new Office of the Child Advocate. Lujan Grisham signed the bill last month after opposing it. The veto of the funding is a sign of sure vindictiveness on the Governor’s part given her strong opposition to legislation calling for oversight of the CYFD.

COMMENTARY AND ANALYSIS

New Mexico lawmakers passed a total of 195 bills during the 2025 legislative session. The Governor signed into law 160 bills, vetoed 18 bills and “pocket vetoed” 17 bills.   The most notable bills that became law include the Open Primaries bill, the Behavioral Health Reform Package, the Omnibus Crime Package, and the creation off the Office of the Child Advocate for the Children Youth and Families Department.  

Major vetoes by the Governor include the compromise  tax package and the lobbyist reporting bill. She also vetoed two other major  bills, a measure allowing local school boards to determine the number of annual school days and legislation dealing with probation and parole changes.

DEMOCRATS RESPONSIBLE FOR THREE BIGGEST FAILURES OF 2025 SESSION

The three biggest failures of the 2025 New Mexico legislature were the following:

1. House Bill 11 was known as the Paid Family and Medical Leave Act and it passed the House on a 38-31 vote in favor of the legislation. Passage of the Paid Family and Medical Leave Act  resulted in a strong, organized onslaught of opposition from business owners and organizations and was fiercely opposed by Republican legislators who described it as a tax on both workers and employers alike. Several days of negotiations between bill supporters and skeptics failed to produce a compromise both sides could accept. Upon presentation of  House Bill 11 to the Senate Finance Committee, the Committee voted to block the bill on  an 8-3 vote from advancing any further thereby killing it.  (https://www.koat.com/article/paid-family-leave-act-fails-in-a-senate-committee/64196494)
2. House Bill 134 was  a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would have expand the list of violent crimes where juveniles could  be charged as adults and as a “serious youthful offender” to make sure violent teen suspects are held accountable for those crimes. The proposed changes to the Children’s Code were reasonable and measured. It was an acknowledgement of a crisis that needs to be dealt with.  On March 6, the House Consumer and Public Affairs Committee debated a slimmed-down version of House Bill 134  and voted 4 to 2 to table the legislation thereby killing the bill.   The committee simply ignored what is going on with teens committing adult violent crimes and leaving no real options to secure justice for victims of violent crime.
3. Although the 2025 legislature enacted the Omnibus Crime Package, (House Bill 8) it simply ignored or let other crime legislation and gun control measures die in committee. The Governor asked for more legislation to deal with crime and punishment. More than 40 bills dealing with crime and criminal penalties were filed at the start of New Mexico’s 60-day legislative session. The following are a few of the major crime bills introduced but that were never heard in committee and simply ignored:

• Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
• Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
• House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial with a rebuttable presumption of dangerousness.
• House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
• Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.
• House Bill 86 which would remove the statute of limitations for prosecuting a human trafficking offense.
• Bills outlawing the sales of AR-15 rifles.

This year, Democrats had a commanding 43-26 majority in the House and a 26-16 majority in the Senate. All three failures outlined above fall squarely on the House and Senate Democrats and their leadership given that the legislation was simply ignored or died in committee with Democratic lawmakers voting to kill the legislation.

 FINAL COMMENTARY

Notwithstanding the vetoes and the failures to enact legislation, the 2025 New Mexico Legislative session can be deemed successful. However, the Governor has suggested that she may call the legislature back into special session to deal with another crime package and updating the Children’s Code and the Juvenile Justice system.

The blunt reality is the Governor is now clearly a lame duck with only one more 30 day session before her term ends on January 1, 2027. Given her severe admonishments she has given the legislature about the failure to enact crime bills and her veto of the tax package, it’s almost assured that any special session she calls now will be met with strong opposition and  will only result in another embarrassment to her and with the legislature essentially ignoring her.

Rudolfo Carrillo is a graduate student in the English Department at the University of New Mexico. His recent work includes publication in the journal Rigorous, a presentation on Borderlands Shakespeare at the Second Annual Justice and Revolutionary Thought Conference at NMSU, and a virtual appearance at the University of Dayton’s Metal and Change Conference, where he spoke on the work of Canadian rock band Rush. Formerly, Carrillo was the news editor and music editor of Weekly Alibi, where he often wrote as August March. Before that, he was one of the bloggers at Duke City Fix. In his spare time, he paints beautiful pictures of life on Earth.

EDITOR’S DISCALIMER: Following is a guest column written by Rudolfo Carrillo who gave consent to publish his column on www.PeteDinelli.com. Mr. Carillo was not compensated for the article.

HEADLINE: The Dependent Arising of Butterz, a Dog in Albuquerque, By Rudolfo Carrillo

You might be wondering what I’ve been doing these days. Or you might be wondering what I did in the before time. As it happens, I spent about ten hours this past weekend trying to explain all of that to people who might be interested in what I have to say, what I have to write. And I wrote a whole lot, 1500 words worth, that was mostly about politics in this town. Mostly. To make the piece humorous, I wrote it in the style common at my old hangout, a place in cyberspace now long forgotten.

After reading it though, after having my long-time editor read through it too, I decided that what I had done should be tossed right into the bin. I was reminded that I once said to myself, a long time ago, firmly and like an old time and weary Wizard of Wor, that I should get out of the political diatribe business and put aside the cultural commentary spiel that I had used like a cudgel made out of overcooked enchiladas.

I reckon that in this day and age, with so much questionable stuff going on in the world, in the state, in our community, that I’d be better off to write about something good, uplifting, and mindful, because all that really matters is kindness.

It’s with that conceit clearly in view that I present to you, dear readers, aficionados of la politica, supporters of la cultura, and bearers of the flag of progressive, inclusive democracy, the story of Butterz, a local dog.

Back at the end of December, on the 24th day of that oddly warm and dry month, I went to visit the City’s Animal Welfare Shelter on the westside of town; and mano, is it ever on the westside of town. I thought I was nearly to Califas by the time I rolled up.

En serio, mi esposa had a dental appointment down near Atrisco that day, so I figured I would have plenty of time to see what was up at the shelter.

The place was clean, quiet, and staffed with a number of kind and professional local humans. After speaking to them, I was directed to an elderly little terrier who had been living at the shelter for about a month; his owners had surrendered him. Cisco, as he was known back then, had health problems and whomever adopted him would have to sign a medical waiver noting the ostensibly fragile state of his health.

He was a friendly little hombre, quiet and sleepy, and I decided to take him back to mi chante. “I will call him Butterz”, I told the staff as they lovingly loaded him into my SUV. The next two months passed quickly, and it became clear that Butterz had trouble eating. He never seemed really hungry and often left much of his food behind.

 We took him to a local vet who said toda la situacion was due to complications from his dental surgery. As Butterz had been in the shelter for an extended stay, he had received top-flight veterinary care, including a dental procedure where most of his rotten teeth were removed. He also had a persistent oral-nasal fistula, which, did not heal properly after it was fixed, a common occurrence.  Our own vet concurred about the dental complications, but hypothesized that there might be other problems contributing to his long-term lack of appetite.

The surgery to correct Butterz dental complications and investigate his lack of appetite would be risky and expensive.

 But in an of an occurrence of beautifully timed and succinctly graceful grace, the City of Albuquerque Animal Welfare Department, under the awesome direction of Carolyn Ortega, allowed our vet to work with an amazing nonprofit, Albuquerque Kennel Kompadres, to make sure Butterz could be properly treated for what ailed him. The surgery was scheduled and happened during UNM’s spring break, by the way.

 The thing was, after the operation, Butterz still would not eat. And he looked pale and wan. And he began vomiting and shaking. I borrowed $200 from mi sobrina, Ciara, and rushed him back to our vet. They gave him a huge dose of subcutaneous fluids and an anti-nausea medication, in a noble effort to flush out his failing biological systems. If he did not improve overnight, he was to be checked into hospital the next morning for a full series of radiographs and possibly, emergency surgery.

 I took Butterz home and feared for the worst. He was obviously unwell and had probably been ill when he was surrendered to the shelter; maybe that’s why his people gave up on him, I speculated. But I was determined to ride it out with him. Anyway, at eight that evening Butterz grew frantic and literally ran to the back of the house. He squatted. There was blood.

  And then, something miraculous happened. The water did its work on his insides. Perhaps someone upstairs fancied his funny face, quien sabe?  Butterz began to expel a cloth and plastic eyeglass retainer that was at least 20 inches long! A mean old snake, it came slithering out of him in a scene that would have put David Cronenberg to shame. When I realized what was happening, I took a deep breath and helped him, slowly, carefully coaxing the poisonous cagada out of him.

I was shocked. To say he was relieved would be an understatement. Afterwards, he wandered over to the couch, jumped up on it for the first time ever, and fell into a deep sleep. I took photos of the serpent and preserved it in a plastic bag. The next day, one doc thought that he may have lived with the monster inside of his gut for months, a la!

 That morning, Butterz ate a whole can of dog food. And the day after that, and the day after that, too. And his digestive issues disappeared. And he grew strong and confident, un panzón in the making. And now here we are in April, nearly a month later. I am writing this and Butterz is stretched on the floor, next to my other terrier, Izzy. They are waiting for their second breakfast, like good little perritos. My famous poodle, Falkor, is sleeping with his special spiky ball, in the next room.

Meanwhile, the world is a mess. All sorts of very difficult-to-grok things are happening or may happen. But there is good in the world and miracles happen all of the time. For example, we are all connected, all dependent on one another, even the animals. And I can prove it.

 Butterz would have never survived had not the director at the Animal Welfare Department patiently listened to what I told her and then hooked our vet up with Kennel Kompadres of Albuquerque. That intersection of forces and forms allowed an old and venerable chulo to have the medical treatments needed to discern and resolve his main physical issues, saving his life. The caring demonstrated by those organizations, and their respective leadership, goes beyond politics, and into a lofty realm we should all aspire towards.

 That’s really what matters: that there is something worth fighting for; a set of ideas and values worth sticking together through, something grand and diffuse that resides in the power community wields. Despite whatever tempests or eyeglass retainers may asail our fragile forms, they will pass. And that’s super padre, compadres.

 

 

On April 10, Bernalillo County District Attorney Sam Bregman announced his 2026 campaign for Governor at Plaza Park in Las Vegas New Mexico In front of a crowd of several hundred supporters and onlookers.  Bregman said next year’s race for Governor  will come down to a simple question:  “Who’s best equipped to push back against the policies of President Donald Trump?”

“I’m running to take on the chaos in Washington and protect the people of New Mexico. … Not only do we need to protect our freedoms and democratic values in our state, we still have more work to do to address issues affecting everyday New Mexicans. … New Mexico is under attack by Elon Musk, his puppet Donald Trump and the Republicans in Washington. … They’re attacking our public schools, our healthcare, veterans, workers — all of us. I’m running to take on the chaos in Washington and protect the people of New Mexico.”

Bregman in his news release touts what he says are some of his top accomplishments in the District Attorney’s Office. The news release says in part:

“In his two years as D.A., Bregman has increased homicide prosecutions by 76.5% going  from 162 convictions from 2019–2022 to 286 convictions since he took office. Bregman also worked to establish a zero-tolerance policy for guns in schools and implemented new technology to deal with the backlog of sexual assault cases in the D.A.’s office

Bregman, in an interview with New Mexico Political Report published on April 10, said this:

“In the last two-plus years, I’ve hired over 80 attorneys here in this office alone. We can do the same thing when it comes to police. … I truly believe New Mexico is a great place and we can do a lot better when it comes to recruiting police officers. It’s not a matter of money or resources; we can afford to pay more police officers. Let’s just get the job done. That’s the number one priority because the more police officers on the street, the safer we’re all going to be. And everybody deserves, not, just wants, but they deserve a safe neighborhood in a safe community.”

The Bregman campaign also released an official campaign launch video featuring Bregman riding a horse and decrying the toxic national political environment, including the “radical left” that he accused of dividing Democrats. “To be blunt, people are tired of this garbage,” Bregman says in the video.

ABOUT SAM BREGMAN

On January 4, Sam Bregman, 61, was appointed Bernalillo County District Attorney by Governor Mitchell Lujan Grisham to serve out the remaining two years of the 4-year term of Raul Torrez who was elected Attorney General in 2022.  Bregman won reelection to a new term last year.

Sam Bregman has a 30-year career as an attorney and is considered a highly successful and respected trial attorney in both civil and criminal defense. He is a 1989 graduate of the University of New Mexico Law School. He is a former Democratic Party State Chairman. Bregman served as an Assistant Bernalillo County District Attorney from 1994 through 1997. Bregman was an elected Albuquerque City Council from 1995 until 1999.  While on the Albuquerque City Council, Bregman championed the implementation of SANE – the Sexual Assault Nursing Examiner program as well as the first hate crime ordinance. Bregman has a served as Deputy State Auditor for the State of New Mexico. Bregman unsuccessfully ran for Commissioner of Public Lands and also for Mayor of Albuquerque.  Bregman currently serves as the Chairman of the Governor’s Organize Crime Prevention Commission.

Sam Bregman has represented defendants in several high-profile cases over the years. The most notable was when Bregman was the defense attorney for Keith Sandy, one of the two APD Officers who faced charges for the shooting and killing of homeless camper James Boyd in 2014. James Boyd was a homeless individual with a history of mental illness who had camped in the Sandia foothills and had a 5 hour stand off with APD police who were trying to arrest him for illegal camping. Both APD SWAT officers  were charged with murder for the killing Boyd and were ultimately not convicted because the jury could not reach a unanimous verdict. However, the Boyd family filed suite against the city alleging use of deadly force by police and wrongful death and the city settled the case for $5 million.

Sam Bregman represented defendants Keith Brandon and Jonathan Sandoval, the two Metropolitan Detention Center officers charged in the 2019 death of inmate Vincente Villela. He was the lead defense attorney for former New Mexico State Treasurer Robert Vigil in a public corruption case that ended with Vigil being sentenced to prison time for receiving kickbacks. He also represented the family of Amelia Baca, who was shot and killed by a Las Cruces Police Officer in April of 2022.

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/sam-bregman-governor-candidate-2026-election/64435375

https://www.krqe.com/news/new-mexico/sam-bregman-announces-campaign-for-governor-of-new-mexico/

https://www.kob.com/new-mexico/sam-bregman-enters-race-for-governor-of-new-mexico/

https://www.santafenewmexican.com/news/local_news/bregman-to-officially-announce-campaign-for-governor/article_7efd2f44-ab33-46c2-bb48-e992404bbe82.html

https://www.abqjournal.com/news/article_4763289e-eef2-423b-afea-09b2cc8615fe.html#tncms-source=home-featured-7-block

https://www.washingtonpost.com/politics/2025/04/10/bregman-haaland-new-mexico-governor-democratic/

https://www.koat.com/article/former-las-cruces-mayor-ken-miyagashima-eyes-gubernatorial-run/64345104

COMMENTARY AND ANALYSIS

New Mexico’s primary election for governor is set for June 2026, with the general election to take place in November, 2026.The race for governor will be an open contest, since Lujan Grisham is term-limited and barred from seeking a third consecutive term as governor.

LONG CONTENTIOUS RACE

DA Sam Bregman’s announcement over a year before the primary sets up what will be a long and very contentious Democratic Party primary election against fellow Democrat former Biden Interior Secretary Deb Haaland who is also a former U.S. Representative for the Albuquerque area congressional seat and replaced Bregman as chair of the state’s Democratic Party in 2015. Haaland’s campaign is focused on a theme of being “fierce,” with promises to work to lower the cost of living, strengthen schools and fight crime, which is the identical platform Haaland relied upon when she successfully ran for congress.

Notwithstanding, other Democrats will likely run. Former Las Cruces Mayor Ken Miyagishima has not formally declared his candidacy, but he has formed an exploratory committee to evaluate the feasibility of a gubernatorial bid and to begin building statewide support. Gregg Hull, the mayor of Rio Rancho, is expected to run for the Republican nomination for governor of New Mexico but has yet to make an announcement.

BROADSIDE TO PROGRESSIVES

Bregman released an official campaign launch video featuring Bregman riding a horse and decrying the toxic national political environment, including the “radical left” that he accused of dividing Democrats. Bregman says in the video “To be blunt, people are tired of this garbage.” 

The Bregman announcement video raised more than a few eyebrows within the Democratic Party. It is a clear broadside to the progressive supporters of Deb Haaland who they presume is the front runner and that she will win. There is no doubt that Bregman is taking direct aim at the “progressive” wing of the Democratic party which has dominated the party for so many years in state and local elections.

Ostensibly, what Bregman is saying with his comment “people are tired of this garbage”  is “moderate to conservative democrats are sick of the garbage of progressives excluding them from the party and targeting them.”  Progressive democrats during the last 10 years have “targeted” and successfully primaried and removed moderate to conservative elected officials from office, especially those in the New Mexico Legislature..

STRATEGIC ANNOUNCEMEMENT

Bregman’s decision to officially launch his campaign in Las Vegas, New Mexico as opposed to Albuquerque where his base is was strictly strategic. It is clearly aimed at conservative Hispanic voters in a traditional Democratic stronghold. It was a clear message of planting his politcal flag in a statewide election that he intends to win and not to concede any part of the state to anyone. The Las Vegas venue will give northern New Mexico voters and opportunity to see Bregman  for the first time personally and up close what Bregman represents and not just some interview on TV news casts about a murder case his office is prosecuting.

CONTERINO AS CHIEF POLITICAL CONSULTANT

DA Bregman has his work cut out for him since Deb Haaland has already announced more than $3 million in campaign contributions but there is more than enough time for him to catch up with the fund raising. With a seasoned and respected politcal consultant that is easily done.

On April 7, it was reported by New Mexico Politics With Joe Monahan that veteran Democratic consultant Dave Contarino, who helped bring home two gubernatorial wins each for Governors Bill Richardson and Lujan Grisham will be the chief politcal strategist to the Bregman Campaign for Governor. Contarino, 63, served as Richardson’s chief of staff during his first term.

A reliable source said Contarino “will help level the playing field” with Deb Haaland and “Contarino will work to nationalize this race and make it about who can win the general election.”

On April 9, Gov. Michelle Lujan Grisham issued an Executive Order declaring an emergency and sending 60 to 70 National Guard troops to aid the Albuquerque Police Department to help fight crime.  According to a news release, the training  of national guard troops to assist APD is already underway and under the supervision of the New Mexico Department of Homeland Security, Department of Public Safety, State Police and APD. The goal is  to free up APD Officers so they can focus more on fighting crime as the Governor declares an emergency in the state’s largest city.

CHIEF MEDINA’S LETTER TO GOVERNOR MAKING REQUEST

The sending of the National Guard to Albuquerque is a direct response to a March 31 letter to the Governor from APD Chief Harold Medina for the National Guard to fulfill “non-law enforcement duties” such as providing security at crime scene perimeters and transporting prisoners, among others. The emergency request from APD Chief Harold Medina cited rising violent juvenile crime and the fentanyl epidemic as issues that require immediate intervention.

In his March 31  letter to Governor Lujan Grisham, Chief Medina said he wanted to keep the momentum made by APD officers and expressed the need to have them on the streets, not driving prisoners to the Metropolitan Detention Center or providing security at city facilities and courthouses.

The guardsmen could also be used for helping with document filing and organization of APD cases for prosecutors, operating drones and distributing food, water and aid to “vulnerable populations.”

Medina wrote that deploying NMNG “in these roles would enable APD to reallocate resources more effectively, sustaining continuous enforcement and essential services 24 hours a day.”  Medina called the reinforcements “critical to improving public safety and the quality of life for Albuquerque residents.”

Medina said this in his March 31 letter to the governor:

“The community must see NMNG (New Mexico National Guard) members not as a military force but as trained professionals dedicated to supporting and protecting residents.”

The link to review the March 31 letter from Medina to the Governor is here:

Click to access 033125-ltr-from-medina-to-gmlg-re-national-guard-67f57cdb7dbc6.pdf

THE GOVERNOR’S EXECUTIVE ORDER

On April 9, Governor Lujan Grisham signed the Executive Order that directed up to $750,000 to be made available for the deployment of guardsmen “needed to provide military support to civil authorities as needed for this emergency.” Lujan Grisham said this in a news release announcing the order:

“The safety of New Mexicans is my top priority. … By deploying our National Guard to support APD with essential duties, we’re ensuring that trained police officers can focus on what they do best [which is] keeping our communities safe. This partnership represents our commitment to addressing the fentanyl crisis and juvenile crime with every resource at our disposal.”

The governor’s executive order left the timeline for the National Guards  presence open-ended but said they would arrive in mid-May and will address “ongoing public safety challenges in the city, particularly along the Central Avenue corridor and other specific areas.”

The governor’s office said  the National Guard will assist in the following areas:

• Scene security and traffic control at critical incidents
• Medical assistance and humanitarian efforts along Central Avenue
• Prisoner Transport Unit assistance
• Transit security enhancement
• Metro Court security support
• Aviation/Sunport security assistance
• Shield Unit case preparation support
• APD Drone Program operational assistance

The Governor’s  Executive Order comes after back-to-back operations along East Central to tackle crime, particularly fentanyl usage. APD had its own operation that started late last year. Currently, the New Mexico State Police, the Bernalillo County Sheriff’s Office and the 2nd Judicial District Attorney’s Office have an ongoing operation known as “Operation Route 66” to tackle crime in the area. Both operations have been declared a success by all four agencies with hundreds of arrests being made.

Deputy Deanna Aragon, a Bernalillo County Sherriff’s Spokesperson said the agency appreciates the Governor’s actions and said this:

“[BCSO appreciates] the governor’s concern and her efforts to support public safety. We are already seeing measurable success through Operation Route 66, a coordinated effort that is producing real results. The numbers speak for themselves … We will continue doing the work that keeps our streets safer every day.”

Nancy Laflin, spokeswoman for the 2nd Judicial District Attorney’s Office, said Operation Route 66 had netted 400 arrests over seven weeks, recovering dozens of guns and stolen vehicles. Laflin said this:

“… [W]e appreciate any and all help from law enforcement as we continue to clean up the streets of Albuquerque.”

NOT THE FIRST TIME

This is not the first time Governor Lujan Grisham has declared an emergency over crime issues or dispatched reinforcements to Albuquerque’s streets. This  is the very first time she has deployed the National Guard. The efforts have had mixed results.

In September 2023, Lujan Grisham declared a public health emergency over gun violence, spurred by the fatal shooting of an 11-year-old boy. She ordered a firearm ban in public places in Bernalillo County, which was quickly challenged in court and blocked by a federal judge.

And in 2019, Lujan Grisham dispatched dozens of New Mexico State Police officers to Albuquerque for the Metro Surge Operation after University of New Mexico baseball player Jackson Weller was fatally shot in Nob Hill. That operation came under scrutiny when many of the prosecutions fell apart because the officers, who came from all over the state, didn’t show up to hearings.

PILOT PROJECT OF POLO SHIRTS AND NO GUNS

On April 8, Mayor Tim Keller and APD Chief Harold Medina held a  news conference to announce the deployment of the National Guard to Albuquerque.

During the April 8 news conference, Chief Medina said the initiative of sending the New Mexico National Guard (NMNG)  to the city is a pilot project that has been in the works for months after the NMNG offered help and one the department will measure to determine its success. Medina emphasized the National Guardsmen will  have the same authority and fulfill the same roles as police service aides, who often can be seen blocking traffic around crime scenes.

The National Guard’s main role will be to support Albuquerque police officers, so those officers can be out on the streets fighting crime. The National Guard will be responding to medical emergencies, de-escalating potentially volatile encounters, and handing out water and food to people dealing with homelessness. They’ll also be doing security at crime scenes and traffic control for accidents, transporting prisoners and helping TSA at the Sunport.  Basically, if it’s something that would tie up an APD officer from being out making arrests, that’s where the National Guard would step in. Medina said this:

“Our officers spend a lot of time on scenes that they don’t need to. We have officers parked guarding violent crime scenes for up to 6, 8, 12 hours. We have officers guarding fatal traffic accidents 6, 8, 12 hours. If I can start taking 6 hours off these on scene clears it’s gonna make a huge difference, and it’s going to start swaying and getting officers back in service, and getting resources back into the community at even a faster pace,”

According to Medina, the assistance from the National Guard will free up 20 to 30 officers for law enforcement and crime-fighting, he said, adding that some officers have to hold scene perimeters for several hours.

Chief Medina made assurances during the April 8 briefing that the National Guardsmen “[will] not have law enforcement authority” and “cannot take law enforcement action.” Medina said this:

“I just don’t want this to turn into, ‘Oh my God, the National Guard is here to save the city.’ No, the National Guard is here to help clear up officers.”

When asked if the situation constituted a true emergency, Medina said this:

“On a weekly basis, I look at all of the media’s stories. I hear ‘crime crisis.’ I hear ‘crime is out of control.’ So I would say that … there is a perception that there is an emergency in the community that is out there.”

During the April 8 news briefing Albuquerque Mayor Tim Keller said the guardsmen will be unarmed and wear polo shirts instead of uniforms and “will not be involved in community interaction or use military vehicles.” Keller said this:

“What we want to do is double down on what’s working … and what’s working is technology and civilians … freeing up officers to fight crime and keep those statistics going in this powerfully good direction. … A short-term way to help with that is by the National Guardsmen helping out. … We’re hoping [this pilot project] is going to be effective, but if it’s not, we will just send people home. … We invited these folks in to see if the program will help Albuquerque. If it is helpful, we may look at this in other areas.”

Mayor Keller said another bonus is the city doesn’t have to pay for the guardsmen, and it won’t impact APD’s budget.

Chief Medina and Mayor Keller could not give a timeline on how long the guardsmen would be needed. However  Medina said the hope is to get to 1,000 APD  officers which  currently has around 850 by the time the NMNG leaves.

THE ACLU RESPONSE

The ACLU of New Mexico was quick to  criticized the governor’s authorization to deploy National Guard personnel to Albuquerque calling it “a show of force, not a show of solutions.” Daniel Williams, policy advocate at the ACLU of New Mexico, issued the following statement:

“All of us deserve to be safe at home, at work, and in our community. We, like so many in Albuquerque, know that that’s not always the case in our city. However, Governor Lujan Grisham’s deployment of the National Guard to support Albuquerque police is a show of force, not a show of solutions. New Mexico already has one of the highest per capita rates of people killed by police in the nation. History has shown that military collaboration with local law enforcement often leads to increased civil rights violations, racial profiling, and criminalization of vulnerable populations, particularly those experiencing homelessness and poverty.”

“The governor’s past policy proposals too often have centered on efforts to criminalize and institutionalize unhoused New Mexicans, without a commensurate emphasis on solving the root causes of crime. New Mexicans should be confident that their governor is truly working to keep them safe, not doubling down on failed strategies that will fuel mass incarceration and multiply the harms our communities already endure. In a state so heavily impacted by police violence, the answer to safety cannot and will not be found in increased police presence, especially not through collaboration with the military.” 

“Our neighbors deserve an urgent outpouring of services and support by those trained and equipped to properly provide it. All of us will be safer when all of us are housed. All of us will be safer when all of us have access to good healthcare. All of us will be safer when all of us are economically secure. We join our partners and New Mexicans across the state in asking the governor and all of our leaders to double down on putting resources toward these meaningful solutions, rather than continuing to criminalize the most vulnerable among us.” 

REPUBLICAN REACTION

Republican State Senator Nicole Tobiassen, R-Albuquerque sharply criticized the deployment of the National Guard by the Governor and issued the following statement:

“Albuquerque’s crime crisis is a testament to the absolute failure of Mayor Keller and his progressive policies. It’s sad that his own police chief had to go over his head and seek state resources in order to try and keep up with the rampant violent crime, drug trafficking, juvenile crime, and gang activity that plagues our city. Mayor Keller and the progressive Democrats’ failed leadership have made our community into a literal war zone and we must change course before not even state resources can combat the chaos allowed in Albuquerque. This plea for help comes on the heels of a legislative session where Democrat lawmakers denied or killed every single substantive public safety proposal. Elections have consequences and city residents have seen enough. 

Links to quoted or relied upon news sources are here:

https://www.governor.state.nm.us/2025/04/08/governor-authorizes-national-guard-to-support-albuquerque-police-department/

https://www.abqjournal.com/news/article_d29478ca-ace6-47b2-a868-48f1e8ac190b.html#tncms-source=home-featured-7-block

https://www.kob.com/news/top-news/governor-authorizes-deployment-of-national-guard-to-support-apd/

https://www.krqe.com/news/albuquerque-metro/new-mexico-governor-authorizes-national-guard-deployment-to-albuquerque/

https://www.koat.com/article/albuquerque-crime-national-guard-police/64423121

FUNCTION AND PURPOSE OF NEW MEXICO NATIONAL GUARD

The New Mexico Army National Guard is a part-time state-based military component that serves a dual mission. Each Guard unit serves under the command of the governor to respond to natural disasters or other state emergencies. In addition, Guard units can be activated to defend the nation when needed.

The National Guard’s main mission is  to respond to domestic emergencies and combat missions. National Guard personnel are state officers exercising state authority. The national guard does not have authority to make any law enforcement arrests and essentially engages in military or marshal law functions when necessary to restore order. The New Mexico National Guard is the militia of the U.S. state of New Mexico. Comprising the New Mexico Army National Guard and the New Mexico Air National Guard, it is part of the National Guard of the United States, a reserve force under both state and federal jurisdiction.

https://nationalguard.com/new-mexico

https://en.wikipedia.org/wiki/New_Mexico_National_Guard

COMMENTARY AND ANALYSIS

NOT THE FUNCTION OF THE NATIONAL GUARD

Chief Medina made assurances during the April 8 briefing that the National Guardsmen “[will] not have law enforcement authority” and “cannot take law enforcement action.”  Chief Medina has no authority to dictate to the National Guard and its an affront to the purpose of the National Guard. Simply put, it is not the function of the New Mexico National Guard to become “police service aides” patrolling the streets of Albuquerque in polo shirts and out of uniform at the Governor’s whim and at Medina and Keller’s request.

The Governor is deploying 70 National Guard to free up 20 to 30 APD Officers.  The Governor’s Executive Order sets a dangerous precedent and it is an abuse of  National Guard Resources and some would say an abuse of power. The Governor should immediately withdraw her Executive Order and instead of dispatching the National Guard, she should deploy New Mexico State Police to the city as she has done in the past. The city needs law enforcement who can make arrests, not public safety aids.

MAYOR KELLER AND CHIEF MEDINA’S APD TRAIN WRECK. 

The National Guard assisting the  Albuquerque Police Department is in response to ongoing public safety challenges in the city, particularly along the Central Avenue corridor. What APD needs is an increase in law enforcement personnel to carry out its mission.

During the April 8 news conference on the Governor deploying the National Guard, both Mayor Keller and Chief Medina tried to emphasize that the deployment of the National Guard was temporary and an effort to assist APD to combat crime. Chief Medina said the hope is to have 1,000 APD officers, which currently has around 850 by the time the NMNG leaves. No one should bet on the deployment of the National Guard to help APD as being successful nor on APD having 1,000  police officers any time soon let alone when the National Guard leaves.

Seven years ago when Keller first ran for Mayor, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates and APD numbers:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

Proclaiming violent crime was out of control, Keller said that he could get crime down and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at about 800 sworn officers.

APD has fallen off the cliff under Keller’s leadership over the last 7 years. Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as APD with the department still dangerously understaffed at about  800 cops despite seven years of increased budgets, salary increases, and lucrative bonus pay. Keller has literally thrown money at the problem, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges. Although the city recorded a19% drop in homicides last year, the city’s homicides spiked under Keller despite his policies. Following are the raw numbers of homicide from the 8 years since Keller became Mayor in 2017:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023: 93 homicides
• 2024: 89 homicides

The truth is APD is very top heavy with mid to upper management.  According to sources within APD, the city has only about 250  sworn police officers out of the current 800  sworn who  actually are  patrolling the streets in three shifts 24 hours a day. Confidential source within APD have confirmed that many area commands often have as few as 3 sworn police patrolling entire area commands in 8 hours shifts, especially in high call volume area commands.

Rather than asking the Governor to send the National Guard to the City to patrol the streets of Albuquerque, Mayor  Keller and Chief  Medina should order all APD mid-management, including Lieutenants, Deputy Commanders, Commanders and Deputy Chiefs and order all detectives into uniform, and order them to get the hell out from behind their desks and mandate that they patrol streets of Albuquerque and make arrests at least 4 hours a day and assist with the very duties that they want the National Guard to perform. It’s called management of your limited personnel resources to deal with a crisis as opposed to Keller and Medina’s mismanagement.

 

On April 7, Albuquerque defense attorney Rudolph “Rudy” Chavez agreed to forgo a public hearing on allegations by the New Mexico Supreme Court Disciplinary Board alleging his involvement in the DWI bribery and extortion conspiracy case under investigation by federal authorities. Instead, Chavez accepted an “indefinite suspension” of his law license.

Chavez is the second lawyer to face disciplinary action by the  New  Mexico Supreme Court relating to the federal bribery of law enforcement cases alleging a scheme to dismiss DWI cases. Chaves has not been criminally charged in the federal case. Chavez agreed to his suspension from the practice of law without admitting any of the allegations made in the Complaint for Suspension filed by the NM Supreme Court  Disciplinary Counsel.

Chavez  served as an assistant county attorney from 1989 to 1993. He  started his own firm in 1993. He has practiced both criminal and civil law.

PETITION TO SUSPEND LICENSE

It was on March 6 that the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of Attorney Rudolph “Rudy” Chavez.

The Disciplinary Board alleged that Chavez worked with former Albuquerque Police Officer Honorio Alba, Jr. and paralegal Ricardo “Rick” Mendez to get an accused drunk driver’s cases dismissed with the payment of bribes to law enforcement. The petition filed by the State Bar Disciplinary Counsel alleges  that “upon information and belief” Rudolph “Rudy” Chavez is the party identified as a co-conspirator in both Ricardo “Rick”  Mendez’s and former APD Police Officer Honorio Alba Jr. federal plea agreements.

On February 7, Honorio Alba Jr. plead guilty to the federal charges of racketeering, bribery, extortion and conspiracy-related charges and faces up to 130 years  in prison. In his plea agreement  Alba admits that he worked “in concert” with Ricardo “Rick” Mendez, and attorney Thomas Clear and “another Albuquerque defense attorney” to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense.

In the criminal information plead to by Alba, a DWI  suspect  identified as “Z.W.”said he knew nothing about any criminal conspiracy and said “Rudy Chavez did nothing to make me question his integrity.”   “Z.W.” said he was never told “anything that didn’t sit well with me.”  None the less, “Z.W.” said his attorney Rudy Chavez was able to get his DWI case dismissed the day of trial without explanation. Ricardo “Rick”  Mendez in his plea agreement also mentions the case of “Z.W.”

“ZW” was identified as Zachary Williams. The State Bar  Disciplinary Counsel petition states that Rudy Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer. Alba also stated that he “relied on attorney co-conspirators to handle any aspect of the scheme and the enterprise that required an attorney present in court or at administrative hearings” such as those conducted by the state Motor Vehicle Department, which oversees driver’s license privileges.

Honorio Alba Jr  conducted a DWI stop of Zachary Williams on a Sunday night in April 2023.  At that time of his arrest by Honorio Alba Jr., Zachary Williams already had two DWI convictions on his record. Because of the arrest he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges filed by Alba. Zachary Williams said that he paid Rudolph “Rudy” Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with.

Williams said that Chavez told him the price was that high because it was his third DWI.  Zachary Williams  said he was dressed in a suit in January 2024  to go to court for trial but was told by Chavez his case was dismissed the day of trial with no real explanation as to why. According to court documents, the decision to dismiss  was “in the interest of justice.”

Chavez took over a number of Clear’s cases after the feds raided Clear’s law office in January 2024. The two also worked on several cases together going back to June 2006.

The State Disciplinary Counsel essentially “connected the dots” from the plea agreements with the charges handled identifying the defendant and then identified Rudy Chavez  as the defense attorney involved with the DWI Enterprise. The petition filed by Chief Disciplinary Counsel Anne L. Taylor alleges in part:

“Given the length and nature of the enterprise and the allegations against Rudolph “Rudy” Chavez , as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by Rudolph “Rudy” Chavez will result in the substantial probability of harm, loss or damage to the public.”

CHAVEZ REPONSE TO PETITION SEEKING SUSPENSION

On March 17, attorney Rudy Chavez filed his response to the petition seeking his suspension from the practice of law. He denied any involvement in the decades-old criminal conspiracy where law enforcement officers took bribes to make sure suspects they arrested for DWI were never convicted.

In his written reply to the New Mexico Supreme Court, Chavez asserts there is no evidence of his involvement in the bribery scheme. Chavez argues the one drunk driving case the Disciplinary Counsel  used to conclude he was involved in the public corruption scandal has “zero features” of the scandal.  He said two of the key players who mentioned that case to federal investigators gave false statements.

Chavez points out in his written response to the Supreme Court that it does not add up with how the scheme operated. From confessions and pleas agreement filed in the federal case, the officer or attorney Thomas Clear III’s paralegal, Ricardo ‘Rick’ Mendez, would usually contact the defendant. But in his plea agreement, Mendez said in the specific case involving Chavez, attorneys Clear and Chavez still planned to pay the officer to let the driver off the hook. Alba confirmed that plan in his plea agreement.

Chavez wrote in his response “It is unreasonable and untrue to claim that payments were made” regarding an administrative hearing for the driver to keep his license because the driver never requested that hearing. In the scheme itself  that’s one of the first proceedings officers were paid not to attend. Chavez said he wasn’t even hired until weeks after that hearing would have taken place.

Chavez’s response states in particular “Upon information and belief, Mr. Clear has denied (Chavez’s) involvement in the subject matter related to the federal prosecution.” Both Chavez and Clear have operated their own law firms over many years , and there were times the attorneys collaborated on cases, court records show.

Chavez argued in his response “It’s curious why these false statements were included in their sworn pleas.” On payment, he said he billed the driver his usual rate of $350 an hour. Regarding the criminal case, the court record shows one delay, the trial. Chavez explained the driver got sick so the judge rescheduled the trial. It was moved more than a month later to January 17, 2024. That was a day before the public learned of this public corruption scandal. On that day, he said he received notice the Bernalillo County District Attorney’s Office dismissed the case. A list from the DA showed it’s one of hundreds the office had to dismiss after several police officers, were deemed no longer credible in court by the U.S. Attorney’s Office.

In one of Chavez’s final points to the court, he stated simply that neither he nor the driver ever paid off  attorney Thomas Clear, Ricardo Mendez, or Honoria Alba to miss any hearings. While Mendez’s plea agreement mentions Chavez’s case, that does not appear in Clear’s plea.

NEW MEXICO SUPREME COURT FIRST ISSUES TEMPORARY SUSPENSION OF CHAVEZ LAW LICENSE

On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of  Rudolph “Rudy” Chavez over allegations linking him to the  an ongoing  federal bribery and conspiracy case to dismiss DWI. The court set an April 7 hearing to listen to oral arguments on the petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from  the practice of law. On April 7, Rudolph “Rudy” Chavez agreed to forego the evidentiary hearing and accepted an “indefinite suspension” of his law license.

PLEA AGREEMENTS IN FEDERAL DWI ENTERPRISE

To date, more than 260 DWI cases have been dismissed by the Bernalillo County District Attorney’s Office  because they were filed by Albuquerque Police Officers, a Bernalillo County Sheriff Deputy and a New Mexico State police officers all implicated and under investigation as part of the FBI’s continuing investigation of the criminal DWI Enterprise scheme.

Eighteen law enforcement officers consisting of 14  APD Officers, 3 BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.

On February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under  Plea and Disposition Agreements. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.

On February 12, former APD Officer Neill Elsman, was arraigned in U.S Magistrate Court and plead guilty as charged to 5  counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave.

On February 25, 2025  BCSO  Deputy Jeff Hammerel, 39, resigned from the Bernalillo County Sheriff’s Office (BCSO) and quickly plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. Hammerel admits his role in the racketeering DWI Enterprise to dismiss cases for bribes to help criminal Defense Attorney Thomas Clear III to get DWI cases dismissed. Bernalillo County Sheriff John Allen announced that Hammerel had resigned before pleading guilty as charged.

The three APD officers and one BCSO Deputy plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face between 70 to 130 years in prison.

On January  24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.

On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his  involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.

Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.

In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear  admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the  home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.

On March 11, Clear was formally disbarred from the practice of law by the New Mexico Supreme Court. The US Attorney also filed a forfeiture action and seized a home used by Clear as his law office as part of the racketeering case.

Both Mendez and Clear faced  up to 130 years in prison and are awaiting sentencing.

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_fc350a4d-0e08-4cf7-8692-6d61d7bc752b.html

https://www.koat.com/article/albuquerque-attorney-suspended-police-dwi-scandal/64413511

https://www.krqe.com/news/investigations/albuquerque-lawyer-claims-false-statements-implicated-him-in-dwi-scheme/

https://www.koat.com/article/albuquerque-dwi-enterprise-second-attorney/64153072

https://www.abqjournal.com/news/article_5ccd5a90-0364-11f0-81e5-b7ac58ef1f01.html

COMMENTARY AND ANALYSIS

And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO)  and the New Mexico State Police.  Over a 3 month period, federal  charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both  plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. One BCSO officer has been charged and plead guilty.  All defendants charged face from 70 to 130 years in prison. The New Mexico United States Attorney and the FBI  have said they are moving forward with even more charges and expect more to plead guilty.

APD’S BASTION OF “DIRTY AND CORRUPT COPS”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

NO PUBLIC OUTCRY

What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest  law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the  Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada.

No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure for the last seven years. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he runs for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.

CONCLUSION

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.  Until then, do not expect any public outrage by the public or elected officials.