The Bribery Of Law Enforcement to Dismiss  DWI Cases is the single largest government corruption scandal in the City of Albuquerque’s and the State Of  New Mexico’s  history involving the 3 largest law enforcement agencies in the state consisting of the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State police.

A total of nineteen (19) law enforcement officers were implicated and have resigned, retired, been terminated or federally charged or plead guilty to charges  since the FBI executed five searches in January 2024 at three APD  officers’ residences, the home of a private investigator, and the law office of prominent DWI attorney Thomas Clear III.  Private Criminal  Defense Attorneys Thomas Clear and Rudy Chavez have plead guilty to federal charges and have been disbarred. Clear’s private investigator and paralegal Ricardo “Rick” Mendez also plead guilty to federal charges.

All defendants who have plead guilty are awaiting sentencing as the investigation appears to have come to an end but no announcement has been made by the United States Attorneys Office nor the FBI on the case status. Late June, Clear and his attorney appeared in court on a status conference and his sentencing was once again continued until the fall.

REVELATIONS REVEALED IN UNSEALED FEDERAL DOCUMENTS

On June 16 and June 17, news outlets began to report the contents of newly unsealed federal documents and transcripts that  detail the FBI’s wiretapped phone conversations between Albuquerque Police Department (APD) officers and attorney ringleader leader Thomas Clear III  as they were conspiring  in the bribery of law the APD  officers  to dismiss  DWI cases. The federal transcripts reveal conversations in the weeks leading up to the federal raids on police officers’ homes and the office of attorney Thomas Clear III. By then, Clear and those he was working with were beginning  to suspect that the FBI was  investigating them.

The newly-unsealed documents give  insight into the FBI investigation that broke open the DWI bribery scheme that rocked the 3 largest law enforcement agencies in the state. Hundreds of documents show what FBI investigators were looking into in the months and years leading up to a raid in Los Lunas in January 2024 at the home of former APD officer Harvey Johnson, Jr. That includes search warrants from 2023 in which FBI special agents detail knowledge of extensive communication between law enforcement officers and defense attorney Tom Clear’s paralegal Ricardo “Rick” Mendez.

It was on December 21, 2023, one month before the public would begin to learn of the massive corruption scandal,   private defense attorney and ringleader  Thomas Clear III,  and Clear’s paralegal Ricardo “Rick”  Mendez had a three way  phone call with APD and DWI police officer Honorio Alba. They sought a explanation as to why  the Bernalillo County District Attorney’s Office dismissed DWI cases for Alba and three other officers, without any explanation. Clear asked “These aren’t new cases… what are they doing?” Alba replied, “That’s what we’re trying to figure out… the hard part is I don’t know if [they’re] playing stupid but I tried asking.”

FBI agents would search the homes of Mendez, Alba, Johnson and Montaño, Clear’s office and the APD substation on Wyoming, near Paseo del Norte, where the officers worked. At Mendez’s home agents seized TVs, jewelry, clothing, cash, 40 guns, documents and his phone, which appeared to have been set on fire. Inside Clear’s office and the homes of Johnson and Alba, agents found, among other items, other people’s belongings, namely, wallets and driver’s licenses.

The December 21, 2023 phone conversation was a red flag for the conspirators  engaged in a decades long scheme to take bribes to get DWI cases dismissed, with the group repeatedly discussing  and  then brushing off signs that they were being investigated for months something  even suggested by Clear himself.

It turns out that the FBI was in fact listening to conversations and had seen text messages. Less than a week after the three-way call, on January 18, 2024, agents raided Clear’s office and the homes of Mendez, Alba, and officers Joshua Montaño, Harvey Johnson and Nelson Ortiz.

CHRONOLOGY OF TAPPED PHONE CONVESATIONS

The FBI tapped all the scheme’s major players’ phones.  Recent unsealed search warrant affidavits detail calls and texts among the group, showing they continued the extortion and bribery as the snare tightened around them. Even after a civilian complaint was filed and  then quashed against Alba and as prosecutors began asking for doctor’s notes for missed hearings.

Trust  soon began to erode in their front man attorney Thomas Clear. In one recorded call, Alba and Mendez spoke of putting a tail on Clear or tracking devices on his vehicle. They spoke of finding something to blackmail him with to keep quiet, believing he would “roll over” on the entire criminal conspiracy if he were caught.  Alba told Mendez:

“We all know that [expletive deleted] Tom’s not stand up, bro, he’s not going to stare down the [expletive deleted]  barrel of a gun anytime soon.”

According to federal search warrant affidavits filed in U.S. District Court for New Mexico, the FBI’s investigation of the bribery scheme began in earnest in the fall of 2023, despite previous unheeded tips from local attorneys. The case picked up steam after the agency recruited a DWI suspect “motivated to work with the FBI out of a desire to see justice served.”

At the behest of FBI agents, the suspect-turned-confidential witness arranged a bribe with Mendez to have his case dismissed and then he  paid $6,500 in FBI agency money. Mendez picked up the money while riding passenger in Alba’s patrol vehicle, who the FBI had already heard suspicions of from a local attorney.

In November, another DWI suspect filed a complaint with the City of  Albuquerque  Civilian Police Oversight Agency (CPOA) against Alba, saying the officer told him to call “Rick,” who could ensure no case was filed. The CPOA, unaware of the FBI’s probe, told Alba of the complaint and interviewed him.

Alba and Mendez spoke on the phone repeatedly.  Because of all the mounting evidence,  a federal judge granted the FBI a wiretap on Mendez’s phone on December 5, 2023. It didn’t take long to pay off as one day later  Clear called Mendez to tell him Montaño needed to “figure something out” to miss a hearing for a dismissal.

On December 7, Mendez texted Alba that “Tom” was being suspicious and “called me mysteriously to go meet him somewhere to talk.” Mendez told him Clear didn’t specify where to meet or why, and Alba said he didn’t trust Clear. If it were him, Alba said, he would be doing “countersurveillance.”

The men discussed whether Clear was worried about the CPOA complaint against Alba while Mendez wondered about being fired. Alba said he and the others are “not [expletive deleted] playing ball” without Mendez. Alba said this:  “I consider Tom too much of a liability to do business with him. … Hopefully Tom isn’t stupid enough to … [expletive deleted] up business though, bro.” In the call, Alba suggested Mendez use “leverage” against Clear or find something to blackmail him. Alba said this: “Does he realize … there’s too much stuff for him to play innocent?” expressing that Clear “would roll over” under any investigation. Alba asked Mendez if he wanted to have Clear followed or place trackers or audio devices on his vehicle.

Mendez wondered if Clear found out they were taking bribes to get cases dismissed without his help, adding “that’s the only thing he’s been a crybaby about.” The pair wondered if any suspects who paid bribes would complain. Alba said this  “That’d be like somebody gave you a [expletive deleted] winning lottery ticket and then you go [expletive deleted] the person over. ”

On December 7, 2023 to protect the FBI investigation, APD’s Internal Affairs sent a letter to Alba saying the complaint was closed. Alba sent a photo of the letter to Mendez in a text message. Mendez told Alba that Clear had also sent him a message saying  “All is good.”

The pair spoke of how Clear would know it was dismissed before anyone else.

Mendez then gloated of his contribution to Clear’s firm and how, before he joined, Clear charged $1,300 per DWI. Mendez said Clear increased his fee  up to $3,000, then $5,000 and $6,000. Alba said “You can’t tell me [expletive deleted] Tom didn’t like seeing that sort of cash on the table. ” Mendez replied  “Of course he loves it, he loves it.”

As the case expanded, so did the wire taps. On December  18, 2023, Alba and Montaño in a call spoke of the sergeant requiring DWI officers to book suspects and not allowing the issuance of summons, a key part of the DWI scheme. The pair wondered if people were talking about the operation.

Alba said “Because, honestly you can do almost whatever you want in this unit, bro. But if you don’t broadcast it, if you don’t tell the whole world.” Montaño replied:  “Well that sucks dude because now it destroys the whole [expletive deleted] system.”

Alba then shared more bad news.  Mendez and Clear were “butting heads.” Alba said “they always have issues like lover’s quarrels, bro.”

On December  21, 2023, Mendez told Alba that Clear thought he was being set up in court after a public defender brought up that Montaño gave a DWI suspect’s bracelet to Mendez. Mendez told Alba that Clear was worried the FBI was “listening at the office and monitoring our phones.” Mendez was unconcerned, adding, “I’m like, ‘You’re retarded.” Alba replied. “Let’s be real… if they’re monitoring phones, that’s the least of anyone’s (expletive deleted) concerns.”

 The group hit another snag in early January 2024, when prosecutors insisted on a doctor’s note if an officer was going to miss a hearing, another crucial aspect to the scheme. In a call, a prosecutor asked Alba for verification of a doctor visit he had to take his father to.

On January 10, Alba talked to the prosecutor again, telling them he vomited all over himself and couldn’t drive his father to the doctor, blaming McDonald’s Hot ‘n Spicy sandwich. “I’m running a fever right now. I don’t even know if I can go to the courtroom,” Alba said. Later, Mendez called to tell Alba that prosecutors “told Tom the trial is still on.”

“I dont know how, I called in,” Alba said. He later called Johnson to share an old “scam” he used which was that  a monthly membership to a local chiropractor who would write a note on day’s notice.

Then DWI cases filed by Montaño, Johnson and Alba started being dismissed.

In a phone call, Johnson told Alba, “Dude yesterday and today is just very, very fishy.” The pair discussed how to figure out if anything is going on or if “they have nothing.” Alba tried to reassure Johnson by mentioning his CPOA complaint that got dismissed.  “I got a letter sent to IA from the [expletive deleted] district court,” Alba said. “And mine was … case gone.”

On January 12, 2024 agents listened in on a call between Clear, Mendez and Alba.

Alba told the others how the cause for the dismissals is listed, simply, as “in the interest of justice.” He said the prosecutor was “not really wanting to talk.”

 Alba said Johnson also tried to ask the reason for the dismissals, but was stonewalled. Clear said, “So they’re looking. I guarantee you they’re looking.” Clear relayed the story of a hearing where he moved to dismiss a case due to Alba being sick and a prosecutor who appeared to be “taking notes.” Clear said “I think she wanted to see if I was coming in ready for trial or if I acted like I knew anything.” Alba mentioned how the prosecutor was persistent that he get a note. Clear asked, “So they’re dismissing all the DWI unit’s cases. Is that what they’re doing?” Alba told him it was only cases filed by himself, Johnson and Montaño.

PLEA AGREEMENT SECURED AVOIDING ALL TRIALS

During the last three years since, federal prosecutors have secured guilty pleas from Clear, Mendez, Albuquerque attorney Rudy Chavez, nine Albuquerque Police Department officers and one Bernalillo County sheriff’s deputy. Other law enforcement officers, including one from the New Mexico State Police, have either been fired or retired. None have gone to trial, and all 13 defendants prosecuted on racketeering- and extortion-related charges are awaiting sentencing.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/albuquerque-metro/unsealed-federal-warrants-reveal-results-of-raids-on-attorneys-and-apd-officers-in-dwi-scandal/

https://www.kob.com/new-mexico/albuquerque-metro/fbi-documents-reveal-new-mexico-dwi-bribery-scheme-involving-apd-officers/

https://www.abqjournal.com/news/fbi-placed-wiretaps-on-dwi-officers-phones/3064338

https://www.yahoo.com/news/us/articles/search-warrants-reveal-paralegal-being-234825360.html?fr=sycsrp_catchall

HOW DWI ENTERPRISE BRIBERY AND DISSAL SCANDAL WORKED

According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, the DWI Enterprise scheme was very simple and straight forward and it went on for upwards of 3 decades. Arresting officers would give contact information on motorists they arrested on DWI charges to Private Investigator Carlos Mendez who worked for defense attorney Thomas Clear or Clear himself. In exchange, the officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The officers  would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges had no choice but to dismiss the cases for “lack of prosecution” as a sanction against the prosecution.

Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI, aggravated DWI other charges in addition to DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a person’s first, second, third or even fourth offense, misdemeanor or felony DWI. There is no charge if a defendant  qualifies and is defended by the Public Defender’s Office.

DWI DISMISSAL SCANDAL SCORE CARD

Nine APD officers and one Bernalillo County Sheriff’s Office Deputy have plead guilty to federal charges of taking bribes. Additionally, two Albuquerque defense attorneys, and one private investigator have plead guilty in the ongoing federal investigation into a nearly 30-year conspiracy in which a group of DWI officers received cash, free legal services and other benefits for helping get DWI cases dismissed.

NINE  APD COPS AND ONE BERNALILLO COUNTY DEPUTY SHERIFF PLEAD GUILTY AS CHARGED

The nine APD officers and one Bernalillo County Sheriff’s Office Deputy who have plead guilty to federal charges of taking bribes are:

1. On February 7, 2025 former APD Officer Honorio Alba plead guilty to racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
2. On February 7, 2025 former APD Officer Joshua Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On February 12, 2025 former APD Officer Neill Elsman plead guilty as charged  to 5 counts of  conspiracy, extortion, and bribery.  ( February 12, 2025.)
4. On March 24, 2025 former APD officer Nelson Ortiz admitted to his role in the DWI Enterprise bribery scandal and pleaded guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On April 29, 2025 former APD Police Officer Harvey Johnson plead guilty to one count of conspiracy to commit “Interference With Commerce By Extortion Under Color Of Official Right”. He is facing 20 years in jail.
6. On May 27, 2025 former APD Officer Lucas Perez plead guilty to “conspiracy to commit interference with commerce by extortion under color of official right.” It was on March 24, 2024 that APD announced it had placed Lucas Perez  on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez had been with the department since 2016 and served in the DWI unit to become the unit sergeant.
7. On June 23, 2025 former APD Officer Louis Henckel plead guilty in federal court, admitting to his role in the conspiracy with criminal defense attorney Thomas Clear and his employee  Ricardo Mendez to accept bribes to get DWI cases dismissed. Henckel plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.” The maximum penalty is up to 20 years in prison and a fine up to $250,000.
8. On December 15, 2025, retired APD Officer Timothy McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
9. On February 25, 2025,  BCSO DeputyJeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. (Took a plea deal on February 25, 2025.)
10. On January 20, 2026, former APD Lieutenant Justin Huntplead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”

TWO RING LEADERS PLEAD GUILTY AS CHARGED

Former DWI Criminal defense attorney Thomas Clear III and his private  investigator Ricardo “Rick” Mendez  plead guilty as charged to paying bribes to law enforcement to get their client’s DWI cases get dismissed.

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. Mendez is facing 110 years in prison on the charges. On April 29  Ricardo “Rick” Mendez was scheduled to be sentenced connection with the DWI scandal. In a surprise move on the day of his sentencing it was simply vacated by the federal court. The  likely reason for the delay is that Mendez is providing new information about the DWI scandal and identifying more suspects to be charge.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty as charged to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. Clear has been permanently disbarred from the practice of law by the New Mexico Supreme Court and the Federal Court. A forfeiture action against a home Clear used as his offices has been taken as an asset and as part of the racketeering charge.

DEFENSE ATTORNEY RUDOLPH “RUDY” CHAVEZ PLEADS GUILTY

On July 10, 2025, private criminal defense attorney Rudolph “Rudy” Chavez plead guilty to a federal extortion charge admitting he bribed an Albuquerque police officer in 2023 to help get his  client’s drunken driving case dismissed. Chavez  plead guilty to one count each of interference with commerce by extortion and lying to FBI agents investigating the payoff in March 2024.

In his plea agreement,  Chavez admits he contacted Clear’s assistant Recardo “Rick” Mendez after he was hired by his client who had been arrested in April 2023 by Albuquerque Police Department DWI officer Honorio Alba Jr. Through Mendez, Chavez paid Alba to intentionally not appear in court on the DWI case.  Chavez admits this in his plea agreement:

“I admit that when coordinating the scheme, I knew that Alba was a necessary witness and because Alba planned to fail to appear, I knew that the case and proceedings would likely be dismissed.”

Chavez states in his plea agreement he agreed to be interviewed by FBI agents on March 26, 2024. During his FBI interview, Chavez was warned of the potential criminal consequences of lying to federal law enforcement officers. During his interview with  FBI agents, Chavez denied knowing Alba was not going to appear in court.

In his federal plea agreement, Chavez admits he  lied to  FBI agents and admits he had phone calls with Mendez ahead of the court hearings to ensure Alba would not attend. Chavez  admits  in his plea he spoke on the phone with Mendez after the dismissal “during which I thanked him and asked him to thank Alba.”

CHRONOLOGY 16 APD OFFICERS IMPLICATED, CHARGED OR PLEADING GUILTY

A total of 16 APD Police officers have been implicated in the largest corruption scandal in APD’s history. APD Commander Kyle Hartsock oversaw the Internal Affairs  investigations. One by one, the accused APD officers turned in their badges and resigned  or retired  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 16 officers who have resigned, placed on leave, who have been terminated, retired, charged or plead guilty are:

1. On February 7, 2024 Justin Hunt, who started at APD in 2000, resigned. On January 20, 2026 Hunt plead guilty to one count of “Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right.”
2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned. On February 7, 2025 he plead guilty to racketeering, bribery, extortion and conspiracy.(Article link: Took a plea deal on February 7, 2025.)
3. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
4. On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned. On March 24, Nelson Ortiz  admitted to his role in the DWI Enterprise bribery scandal and  plead guilty in federal court to one count of Conspiracy to Commit Interference With Commerce By Extortion Under Color of Official Right. He faces 20 years in prison.
5. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montaño plead guilty as charge to  racketeering, bribery, extortion and conspiracy. (Article link: Took a plea deal on February 7, 2025.)
6. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
7. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation played out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
8. On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave. On February 12, 2025 Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery. (Article: February 12, 2025.)
9. On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
10. On October 16, 2024 Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
11. On January 24, 2025 APD announced they placed officers Matthew Chavez on leave.
12. On February 28, Kyle Curtis announced his retirement after he was placed on leave on February 24 amid being targeted in the Internal investigation involving DWI arrests.
13. In 2022, Timothy McCarson retired from the Albuquerque Police Department  and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable. On December 15, 2025, McCarson plead guilty to one count of “conspiracy to commit interference with commerce by extortion under color of official right.”
14. On May 12, former APD officer Steve Hindi was placed on the Giglio list of officers whose credibility is compromised after being implicated in the scandal.
15. On March 24, 2024the Albuquerque Police Department (APD) announce it  has  placed Lucas Perez on leave as a part of its internal investigation into its DWI unit and the federal investigation. Perez has been with the department since 2016 and served in the DWI unit to become the unit sergeant. On May 27,2025 Lucas Perez plead guilty to conspiracy to commit interference with commerce by extortion under color of official right.
16. On June 26, 2025 it was reported that former APD Officer Daniel Carr who served with APD for nearly 20 years and who then became a lateral hire and went to work for the Durango Police Department, became the 16th former APD officer to join the ranks of officers listed on the Bernalillo County District Attorney’s Office ‘Giglio list‘ of officers who are no longer trusted witnesses in court. He was implicated in the DWI bribery and conspiracy case to dismiss cases. Carr immediately resigned from the Durango Police Department after the Department was notified of the action. Carr has not been charged with a crime.

THREE BERNALILLO COUNTY SHERRIFF DEPUTIES IMPLICATED

The names and dates of the 3 BCSO officers who have resigned or placed on leave by Sherriff John Allen or who have plead guilty to charges are:

1. On February 25, 2025  BCSO Deputy Jeff Hammerel resigned from BCSO and  plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery.
2. On February 24, 2025, BCSO Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.
3. March 7^th, BCSO Deputy Jeffry Bartram was placed on leave on after early findings that he may have been involved in the scheme. He has been with BCSO since February 2010 and was on the BCSO DWI Unit from July 2014 to August 2020.

ONE MEXICO STATE POLICE OFFICER

On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the DWI Enterprise to dismiss cases.  Sgt. Toby LaFave was placed on paid leave as the agency did  its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave was officially fired for his alleged role in November, but he has not yet been criminally charged.

LaFave, who joined State Police in 2012, said in an online public service promotion video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts.

The link to a quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

NO AGREEMENTS AS TO SENTENCINGS

Review of all plea agreements reveals there are no agreements as to sentencing, meaning it will be up to the federal judge assigned who will decide the sentences of each defendant. A pre-sentence report will be prepared by sentencing, probation and parole authorities for each defendant, and a recommendation will be made as to sentencing to the judge. Depending on the actual number of charges plead to by each defendant, they are facing jail sentences between 5 years and 20 years and as much as130 years in federal prison and could face fines  as low as $20,000 or in excess of $1 million dollars.

COMMENTARY AND ANALYSIS

There is absolutely no doubt that APD’s reputation was  trashed to a major extent because of this scandal. APD was 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 especially with the involvement of the Bernalillo County Sheriffs Office BCSO and New Mexico State Police Officers.

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. Justice will not be served until all are sentenced. Sentencings delayed means Justice has not been served. The biggest question that remains to be answered is when will sentences be imposed?

On June 2, two term Democrat Secretary of State Maggie Toulouse Oliver won the Democratic Party nomination to be New Mexico’s next Lieutenant Governor in a landslide primary election victory over her opponent State Senator Harold Pope (D-Albuquerque). On June 18, Maggie Toulouse Oliver  announced she was suspending her campaign and dropping out of the race. On June 22, 2026 Democratic Party nominee for Governor Deb Haaland sent an email to all  the State Central Committee members announcing  that she would be interviewing interested Lt. Governor candidates and that she  would be making an endorsement. On June 26, Deb Haaland Deb notified the New Mexico Democratic Party State Central Committee (SCC) that she picked State Land Commissioner Stephanie Garcia Richard as her running mate in her campaign for New Mexico Governor.

BERNALILLO COUNTY DEMOCRATIC PARTY MONTHLY MEETING

On  Saturday,  June 27, the Bernalillo County Democratic Party held its monthly meeting with about 40 people attending in person and many more attending virtually.  A presentation was made by Issah Baca, a New Mexico  Democratic Party codirector. Baca spoke at length  about the process the State Central Committee will use to fill the parties vacancy for Lieutenant Governor that is a result of Maggie Toulouse Oliver dropping out.

Under New Mexico primary election laws, candidate for governor and lieutenant governor run independently in the primary. The winners of these races who share the same party affiliation are then paired on a ticket for the general election. Baca explained that under the state’s election code, when a candidate is elected in a Democratic Party primary election, and then drops out, it is the Democratic Party State Central Committee that has the exclusive authority to nominate and select candidates to fill the vacancy. The State Central Committee (SCC) membership are elected every two years by individual County Democratic Party Organizations. Registered voters and members of the county party can attend to elect the SCC membership. Any New Mexico Democrat in good standing is a member of their local county party organization. Currently, there are 480 SCC members statewide.  The 480  SCC members hail from every county in the state and include elected officials, as well as party officials and volunteers. Approximately 40% of SCC membership hail from Bernalillo County.

Some audience members expressed anger during Baca’s presentation that on Friday, June 26, Deb Haaland sent the Democratic Party State Central Committee an email notifying them that she endorsed Stephanie Garcia Richard for Lt. Governor. Five 5 applied and all five submitted answers to written questions sent to them by the Haaland campaign:

1. Land Commissioner Stephanie Garcia Richard
2. State Senator Leo Jaramillo
3. State Senator Harold Pope
4. Antonia Roybal-Mack, attorney at law.
5. Sonya Smith, Ret. US Air Force

Confidential sources  confirmed that all five were personally interviewed by Deb Haaland and all 5  submitted answers to a questionnaire sent to them by the Haaland for Governor campaign. Baca said Deb Haaland had the right to endorse whoever she wanted and that despite the endorsement, it will be the State Central Committee (SCC) that will decide who will replace Maggie Toulouse Oliver on the ballot for Lieutenant Governor.

The Chairman of the Bernalillo County Democratic Party is Jacob Trujillo. He is a lifelong New Mexican and community organizer focused on enhancing precinct-level organizing and voter engagement. After Issah Baca spoke about the process that will be used to fill the Lt. Governo vacancy,  Bernalillo County Democratic Party Chairman Jacob Trujillo spoke and discussed the importance of the November 4 general election to the Democratic Party.  Chairman Trujillo noted how the New Mexico Democratic Party is “bucking history” by attempting to retain control of the Governor’s office in 2026 noting how the office has flipped from Democrat to  Republican after control by the Democrats. This was the case with incumbent  Democrat Governor Bruce King who was defeated by  Republican Governor Gary Johnson and Democrat Bill Richardson  who was succeeded by Republican Governor Suzana Martinez. Chairman Trujillo emphasized party unity if Democrats are to retain control of the Governor’s office.

THREE LT. GOVERNOR CANDIDATES ATTEND MEETING

On June 27, three of the five Democratic Party Lt. Governor candidates attended the Bernalillo County Democratic Party monthly meeting. State Senator Harold Pope, Land Commissioner Stephanie Garcia Richard, and attorney Antonia Roybal-Mack all spoke to the audience in that order.  All 3 were well received by the audience who listened attentively.

State Senator Harold Pope said he was still in the race despite Haaland’s endorsement of Stephanie Garcia Richard. Senator Pope said he wanted to be the “people’s representative to the 4th floor”, ostensibly referring to the location of the Governor’s office in the state capital. He said he has always fought for “the people” indicating his own populous agenda.  What was revealing is that Senator Pope never told the audience that he would work, and could work, with Deb Haaland to get elected despite her endorsing Land Commissioner Stephanie Garcia Richard.  Senator Harold Pope Jr. was born and raised in Pueblo, Colorado. After graduating from high school, he enlisted in the United States Air Force where he retired some 20 years later. Pope has a Bachelor of Science degree in biochemistry from the University of New Mexico and a Master of Science in pharmaceutical chemistry from the University of Florida.  Pope was first elected to office in 2020 defeating  incumbent Republican Sander Rue to serve Senate District 23^rd and he assumed office on January 19, 2021.

State Land Commissioner Stephanie Garcia Richard ran for the Democratic nomination for lieutenant governor last year, but she told the audience she suspended her campaign when her husband was diagnosed with cancer. Garcia Richard now says that her husband is in remission and that she is  ready to continue with her campaign. Stephanie Garcia Richard was elected to the New Mexico House of Representatives in 2012 and during her six years as a State Representative, she championed laws to increase access to a quality education, transparency, and investments in renewable energy, job training, and economic development. As Land Commissioner for two terms, Garcia Richard has been focused on the responsible management and stewardship of public lands and preserving the land for generations to come. Stephanie Garcia Richard said she was honored to get Deb Haaland’s endorsement.

Antonia Roybal-Mack attended the meeting with her very young daughter. Roybal-Mack conceded the race Friday, June 26, saying she would not be running, but attended the June 27 meeting none the less to introduce herself the Bernalillo County Democratic Party. Antonia Roybal-Mack  is a native of Mora, New Mexico. She is a 2003 graduate of New Mexico State University and a 2009 graduate of New Mexico School of Law. She has a Master of Laws from Texas A&M University. Six years after graduating from the University of New Mexico School of Law, she  founded Roybal-Mack & Cordova, P.C. was the first female founder of a mass tort practice in the nation and the only one in the state spurred by the 2022 wildfire disaster in which an out-of-control prescribed burn scorched almost 350,000 acres of her hometown. Roybal Mack has represented thousands of claimants for more than a billion dollars in recovery damages, successfully lobbied for legislation benefiting wildfire victims, and raised hundreds of thousands of dollars for the Center of Southwest Culture–Mora Fire Fund, which she founded and chairs.

COMMENTARY AND ANALYSIS

There has been criticism leveled against Deb Haaland by Democrats and especially Republicans for her endorsing a candidate for Lt. Governor. Some Democrats argue Senator Harold Pope ran for the office and for that reason alone he has earned to be elected by the State Central Committee to fill the vacancy.

Just because Senator Harold Pope ran for Lt. Governor does not mean he should automatically be the replacement for Maggie Toulouse Oliver as some Democrats have suggested. That is not how the state election code provides nor mandates.  Democratic Party voters have already said NO to nominating Senator Pope Lt. Governor. Toulouse Oliver was elected in  a landslide victory over state Sen. Harold Pope Jr., securing  80% (168,109) of the votes to Pope’s 20% (42,127) cast around New Mexico.

Deb Haaland had every right to endorse a candidate  given that she is now the party’s nominee for Governor. Deb Haaland won the Democratic nomination for Governor in the largest landslide in State Democratic Party history securing 72.3% of the vote (156,861 votes) to Sam Bregman’s 27.7% of the vote (60,189). Deb Haaland won every single county in the state by varying percentages. In Santa Fe County she won with 80% of the Democratic vote. In Bernalillo County Haaland won with 69%. In Dona Ana County, she won with 79%. In conservative Chavez County, thought to lean moderate Bregman, she won with 73%. The 2026 New Mexico primary for Governor was the most expensive primary in the state’s history. According to finance reports filed with the Secretary of State, Democrat Deb Haaland raised over $12 Million while Sam Bregman raised upwards of $4 Million.

Deb Haaland heads the Democratic Party  ticket  for state government elective offices. It is totally understandable that Haaland felt the need to make her thoughts known as to who she wanted as her running mate for Lt. Governor. With her endorsement, she has made her feelings known as to who she believes will be able to work with once they are elected as a ticket.

Deb Haaland no doubt  wanted to make sure that the Lt. Governor  vacancy is filled by someone she can fully trust and someone who will not undercut her agenda but rather someone who will campaign hard for her and promote her and the Democratic Party agenda.  More importantly, Haaland no doubt wanted to select a person she was comfortable with, who is fully qualified and who can assume the office of Governor should she leave office before her term ends.

For all practical purposes, it is  Deb Haaland who will be raising the required  lion’s share of  all the money for the Democratic Party as she runs for Governor. Haaland  is under the gun to get herself as well as the Lt. Governor elected.  From a political and practical stand point, any Lt Gov candidate “goes along for the ride”, must be  subordinate to the Governor candidate and is not required to raise money or even campaign with the Governor candidate.

Stephanie Garcia Richard is the right choice to be the Democratic Party candidate for Lt. Governor.  She has served in the New Mexico House and has run two statewide races and won them handily. She has a statewide network of supporters and campaign donors. Senator Pope on the other hand is serving his first term as a State Senator and he did not carry his own Senate District when he ran against Maggie Toulouse Oliver for Lt. Governor.

There is no doubt that the other four wanted the endorsement just as bad.  Had Deb Haaland given her endorsement  to anyone of the other 4, they and their supporters would likely be telling all the others to drop out.

The four  who did not get Deb Haaland’s endorsement should drop out of the race in the interest of party unity.

Links to related News and Commentary articles are here:

Deb Haaland Endorses Stephanie Garcia Richard As Her Running Mate For Lt. Governor; Democratic Party State Central Committee To Met July 25; COMMENTARY: Remaining Candidates Should Withdraw From Race For Sake Of Democratic Party Unity

State Democratic Party Chair Sara Attleson Sends Out Official Call To Democratic Party State Central Committee To Fill Lieutenant Governor Vacancy; Haaland Identifies Five Lt. Governor Applicants She Will Interview; COMMENTARY: Appropriate For Haaland To Vet Applicants

Democratic Party Nominee For Governor Deb Haaland Will Take Active Role In “Vetting” Lieutenant Governor Candidates; Haaland Will Endorse After She Interviews; State Democratic State Central Committee Announces Process To Apply; Candidates Begin To Emerge To Replace Toulouse Oliver

NM Democratic Party nominee for Governor Deb Haaland Deb has notified the New Mexico Democratic Party State Central Committee (SCC) that she has picked State Land Commissioner Stephanie Garcia Richard as her running mate in her campaign for New Mexico Governor. The endorsement of Garcia Richard came one day after Haaland released a list of five potential running mates to join her on the November 4 general election ballot. Haaland interviewed all five of the candidates after a preliminary vetting process.

On  Wednesday June 24, Deb Haaland emailed all Democratic State Central Committee Members notifying them that her campaign had received thirteen applicants requesting that they be considered for Lt. Governor and the 13  requested the candidate questionnaire. Nine questionnaires were completed and submitted. Haaland notified the State Central Committee that she planned to  meet and interview the following 5:

• Land Commissioner Stephanie Garcia Richard
• State Senator Leo Jaramillo
• State Senator Harold Pope
• Antonia Roybal-Mack, J.D.
• Sonya Smith, Ret. US Air Force

HAALAND ENDORSES STATE LAND COMMISSIONER STEPHANIE GARCIA RICHARD

On Friday, June 25, Deb Haaland sent the Democratic Party State Central Committee the following email notifying them that she endorsed Stephanie Garcia Richard For Lt. Governor. Following is the email:

“Dear Distinguished Democratic State Central Committee Member: 

I thank each person who put their name forward and who participated in this endorsement process of the Democratic nominee for Lieutenant Governor. Each candidate I spoke with has a deep love and commitment to moving New Mexico forward. This was a difficult decision to make and I’m grateful for your patience and respect. 

I am proud to endorse Land Commissioner Stephanie Garcia Richard. I’ve made the decision based on a thorough process and who I believe will be the best running mate and leader to lower costs, increase access to healthcare, build safe communities, and improve our schools. Stephanie brings the energy, compassion, leadership, and proven ability to bring people together that I believe will strengthen our campaign and our ability to deliver for New Mexicans. I respect the role the SCC plays in this selection and I hope I can count on the support of Committee members for Stephanie.

The stakes of this race couldn’t be higher because of who is in the White House. New Mexico needs leadership that can deliver, but we can’t deliver on our promises unless we win in November. 

Stephanie has won two statewide elections, even when the odds were stacked against her. She is a proven leader – in the classroom as a teacher, as a member of the New Mexico House helping carve the path for universal childcare, and now as the Land Commissioner she has delivered real results for working families. While I was advancing our clean energy economy across the country, Stephanie was leading the same fight here at home. She has grown critical state funding for education, overseen job creation in our energy economy, and implemented policies that protect our air, land, and water. 

Her roots stretch across New Mexico, from growing up in Southern New Mexico to raising her family in Northern New Mexico, giving her a deep understanding of the people, communities, and diversity that define our state. Like me, she’ll always stand with our rural communities, from Silver City to Jal to Las Vegas and everywhere in between, because she knows that our people make New Mexico strong.

New Mexicans deserve a government that works just as hard as they do. They deserve leaders who will stop at nothing to fight for lower costs, provide a quality public education, expand access to healthcare, and make our communities safer.

Stephanie is that leader and is the best prepared to serve. In our conversations, what impressed me most was her vision for this role. She sees the Lieutenant Governor’s office as an opportunity to build partnerships, solve problems, and help deliver on the promises we’ve made to New Mexicans. I know she’ll be an engaged, collaborative partner from day one, and that’s why I am endorsing her as my running mate.

Onward,

Deb Haaland”

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/deb-haaland-endorses-stephanie-garcia-richard-for-lieutenant-governor/71748657

https://www.kob.com/new-mexico/deb-haaland-endorses-stephanie-garcia-richard-for-new-mexico-lieutenant-governor/

https://www.abqjournal.com/news/deb-haaland-endorses-stephanie-garcia-richard-as-running-mate-but-selection-not-a-done-deal-yet/3070697

BIOGRAPHY OF STEPHANIE GARCIA RICHARD

State Land Commissioner Stephanie Garcia Richard ran for the Democratic nomination for lieutenant governor last year, but she suspended her campaign when her husband was diagnosed with cancer. Garcia Richard now says that her husband is in remission and that she is  ready to continue with her campaign. Haaland and Garcia Richard have a  history of working together and friendship. It was Garcia Richard who nominated Deb Haaland for Governor before Democratic Party nominating convention.

Land Commissioner Stephanie Garcia Richard is the first woman, the first Latina, and the first educator to serve in the position as New Mexico’s Commissioner of Public Lands.  Born in Tucumcari and raised in Silver City, Garcia Richard learned at a young age the importance of serving others. Her father, a WWII veteran, was a teacher; her mother was active in their church and community.

Garcia Richard grew up in a family that operated ranches on the eastern plans and northern mountains of New Mexico, sparking the strong connection to our land that she holds today. After graduating from Silver High School, Garcia Richard went on to receive her undergraduate degree from Barnard College at Columbia University in New York.

Stephanie Garcia Richard was elected to the New Mexico House of Representatives in 2012. During her six years as a State Representative, she championed laws to increase access to a quality education, transparency, and investments in renewable energy, job training, and economic development. She served as Chair of the House Education Committee for two years before being elected Land Commissioner in 2018.

As Land Commissioner, Garcia Richard has been focused on raising as much money as possible for the state in administering public lands while always keeping an eye toward stewardship and preserving the land for generations to come. She believes that the state can diversify the revenue that comes into the Land Office by tripling the number of renewable energy projects, promoting outdoor recreation, and encouraging new and innovative commercial development on state trust land.

With the largest continuous oil and gas resources potential ever assessed in the world sitting in Southeast New Mexico, and land that is prime for wind and solar development, Commissioner Garcia Richard has been  committed to working to make more money for New Mexico while protecting the health of our land.

COMMENTARY AND ANALYSIS

Under New Mexico’s election code, candidates for governor and lieutenant governor run independently in the primary election. The winners of those races who share the same party affiliation are then paired on a ticket for the general election. When a candidate is elected in a Democratic Party primary election, and then drops out, it is the Democratic Party State Central Committee that has the exclusive authority to nominate and select candidates to fill the vacancy. This  is  the case with Maggie Toulouse Oliver announcing she would suspend her campaign and withdraw  as the Democratic Party nominee for Lt. Governor.

The fact that Deb Haaland has endorsed Stephanie Garcia Richard to be her Lt. Governor running mate to replace Maggie Toulouse Oliver does not make it a done deal. Far from it. The New Mexico Democratic Party State Central Committee (SCC)  is scheduled to meet  on Saturday, July 25^th,  to officially vote to fill the Lt. Governor vacancy. The meeting will be held remotely by zoom conference call. Theoretically, other candidates can be nominated at the meeting and run.

It is understood that that this is the very first time for a New Mexico gubernatorial nominee to get actively involved with selection of a new running mate after a candidate has dropped out. More than a few “political purists” within the Democratic Party severely criticized Deb Haaland arguing  she  overstepped  her authority as the Democratic Party nominee for Governor by getting involved with the vetting process and interviewing candidates for Lt. Governor and then endorsing a candidate.

The New Mexico Republican Party is extremely critical of the process used for replacing Toulouse Oliver on this fall’s ballot. The New Mexico Republican Party likened it to the process the Democratic National Committee Party (DNC) used in 2024 to have Vice President Kamala Harris run for president as its nominee replacing President Joe Biden. The simple truth is the process used for filling the vacancy is in compliance with New Mexico law. It is a process that has been used to fill ballot vacancies in past election cycles, including within the Republican Party. Political self-righteous efforts to exclude Haaland from the vetting process and excluding her in expressing her view and endorsing someone is pure political garbage, especially when  expressed by the New Mexico Republican Party as being anti-democratic.

Deb Haaland won the Democratic nomination for Governor in the largest landslide in State Democratic Party history securing 72.3% of the vote (156,861 votes) to Sam Bregman’s 27.7% of the vote (60,189). Deb Haaland won every single county in the state by varying percentages. In Santa Fe County she won with 80% of the Democratic vote. In Bernalillo County Haaland won with 69%. In Dona Ana County, she won with 79%. In conservative Chavez County, thought to lean moderate Bregman, she won with 73%. The 2026 New Mexico primary for Governor was the most expensive primary in the state’s history. According to finance reports filed with the Secretary of State, Democrat Deb Haaland raised over $12 Million while Sam Bregman raised upwards of $4 Million.

Simply put, Deb Haaland in reality is now head of the Democratic Party by virtue of her landslide victory and her fundraising prowess. It is  her political career and agenda that is ultimately at stake and that is on the ballot. It was for these reasons that it was totally appropriate for her to endorse a preferred candidate. The political purist argued  that Haaland should have left  the vetting for a new Lt. Governor exclusively to the NM Democratic Party State Central Committee and that would have been a major mistake ultimately contributing to a divided party.

The Democratic Party State Central Committee (SCC) will make the ultimate decision as to who will be the party’s Lt. Governor nominee and for that reason there was  risk to Deb Haaland getting involved and endorsing Stephanie Garcia Richard. Ostensibly, Stephanie Garcia Richard is a person that Deb Haaland feels she can  trust and  someone who will not undercut her agenda but rather someone who will campaign and promote her and the Democratic party agenda. More importantly, Stephanie Garcia Richard is qualified and can assume the office of Governor should Haaland for some reason leave office before her term ends.

The other candidates who did not get the Haaland endorsement should seriously consider setting aside their disappointment, and perhaps their differences with Deb Haaland, and drop out of the race and throw their support to Stephanie Garcia Richard for Lt. Governor. This will allow Deb Haaland to go forth with a unified party and with a candidate for Lt. Governor that she feels she can work with now and after they are elected.

Links to related Dinelli News and Commentary articles are here:

Democratic Party Nominee For Governor Deb Haaland Will Take Active Role In “Vetting” Lieutenant Governor Candidates; Haaland Will Endorse After She Interviews; State Democratic State Central Committee Announces Process To Apply; Candidates Begin To Emerge To Replace Toulouse Oliver

State Democratic Party Chair Sara Attleson Sends Out Official Call To Democratic Party State Central Committee To Fill Lieutenant Governor Vacancy; Haaland Identifies Five Lt. Governor Applicants She Will Interview; COMMENTARY: Appropriate For Haaland To Vet Applicants

On June 23, less than a week after Democratic Party Lieutenant Governor nominee Maggie Toulouse Oliver announced she would suspend her campaign due to health issues, it was widely reported by news agencies that Democratic Party nominee for Governor Deb Haaland told all members of the New Mexico Democratic Party State Central Committee (SCC) that she would be  interviewing  potential replacements for Lt. Governor. Haaland also said she planned to send candidates for the post a questionnaire and issue an endorsement before party insiders make a final selection.

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/maggie-toulouse-oliver-to-suspend-campaign-for-lieutenant-governor-citing-health-issues/3065914

https://www.santafenewmexican.com/news/elections/toulouse-oliver-suspends-campaign-as-haalands-running-mate-pope-jaramillo-in-the-running/article_f5856294-3a91-468b-9134-6a7ad934ecf9.html

https://sourcenm.com/briefs/new-mexico-secretary-of-state-maggie-toulouse-oliver-suspends-dem-lt-gov-campaign-citing-health/

HAALAND SAYS WILL INTERVIEW CANDIDATES

On Monday, June 22, 2026 Democratic Party nominee for Governor Deb Haaland sent the following email to all members for the Democratic Party State Central Committee. The subject was entitled “A personal note from Deb Haaland regarding an endorsement process”:

“Dear Distinguished Democratic State Central Committee Member: 

First, thank you to Secretary of State Maggie Toulouse Oliver for her exceptional, longstanding and ongoing work for New Mexico. I also value her friendship, and her courage. 

I have received a number of inquiries in the past few days on my perspective to help ensure that a hardworking and unifying lieutenant governor candidate fills Secretary Toulouse Oliver’s shoes. I am writing to you today to share my intention to meet with these candidates as the State Central Committee begins to consider their options to fill this significant vacancy on the ballot. 

As a former State Party Chair, I respect each of you and the important role you will play in helping choose the best person for the job. In my role as the Democratic nominee for Governor and with a deep concern for the direction of New Mexico, I also carry a responsibility to ensure we have the best candidate, who will help accomplish our shared vision to lower costs for families, increase access to healthcare, improve education, and make communities safer.

Out of respect for your duty to our party and state, and with the firm belief that this process should be open and transparent, I wish to share how I plan to consider the candidate who I plan to support in this race. I approach this process with a focus on what we stand to gain as a state when we are successful at winning the November election.

• For any candidate who wishes to participate, we will send a questionnaire that will be available to all lieutenant governor candidates. Candidates can request this questionnaire by sending an email to info@debhaaland.com.
• Second, my team and I will hold interviews ahead of the SCC election with the goal of understanding their ideas about how they will share in the campaign work ahead as well as their vision for our state. 
• When all of the interviews are complete, I plan to announce an endorsement. 

Thank you for your thoughtful consideration in this process of nominee selection, and I look forward to working alongside you as we seek the best candidate to stand up for New Mexico’s working families.

In service,

Deb Haaland”

HAALAND REVEALS APPLICANTS

On Wednesday June 24, Deb Haaland emailed all Democratic State Central Committee Members the following:

“Dear Distinguished Democratic State Central Committee Member: 

On Monday, I shared that as the State Central Committee considers their options to fill the vacancy on the ballot for Lieutenant Governor, my campaign and I will conduct a thorough endorsement process. 

We received thirteen requests for our questionnaire and nine questionnaires were completed and submitted. I am deeply appreciative of the hard work and commitment to public service every person demonstrated.

In the interest of transparency, I am sharing the five who I plan to meet with in the coming days:

• Land Commissioner Stephanie Garcia Richard
• State Senator Leo Jaramillo
• State Senator Harold Pope
• Antonia Roybal-Mack, J.D.
• Sonya Smith, Ret. US Air Force

Again, I am looking to support the most qualified New Mexican who will be equipped to move forward our shared vision for a better New Mexico. In these interviews, I plan to assess candidates on a number of qualities including leadership style, collaboration, vision, accomplishments, and background.  

Thank you again for your consideration. I look forward to working alongside you as we seek the best candidate to stand up for New Mexico’s working families.

In service,

Deb Haaland”

STATE DEMOCRATIC PARTY CHAIR SENDS OUT CALL TO STATE CENTRAL COMMITTEE TO  FILL LIEUTENANT GOVERNOR VACANCY

On June 25, Sara Attleson, Chair of the Democratic Party of New Mexico sent out the official call to fill the Lieutenant Governor vacancy caused Maggie Toulouse Oliver. Following is the call sent to all State Central Committee members:

Dear SCC Member,  

On today, June 25, 2026, we received notice from the Secretary of State’s office that the Democratic Party nominee for Lieutenant Governor is withdrawing from the race.

According to 2025 New Mexico Statute 1-8-8, if after a primary election, but ninety or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election, the central committee of the state political party of the nominee fills the vacancy. State Statute states that committee members must reside within the boundaries of the area to be represented by the public office.

Per DPNM Rules Article I, Section 4.3, I am writing to provide you with the official CALL to the Democratic Party of New Mexico (DPNM) State Central Committee (SCC) Meeting to fill the position of Lieutenant Governor on the general election ballot.

The Spring 2026 SCC Meeting will be held as a virtual meeting on Saturday July 25th, 2026. The meeting will be called to order at 12:00PM.

All SCC voting conducted pursuant to this SCC Meeting will be conducted via Absentee Voting by non-secret ballots per DPNM Rules, Article I, Rule 5.5.

All 2025–2027 SCC members are invited to participate in the SCC Meeting on July 25th, 2026. We look forward to seeing you.

• When: Saturday July 25th, 2026 at 12:00PM.
• Where: https://us02web.zoom.us/meeting/register/JINJOXJ7T5-eDiJ4ObMlJg

We will issue further information on the process as soon as possible.

Sincerely,  

Sara Attleson

Chair, Democratic Party of New Mexico

COMMENTARY AND ANALYSIS

It is interesting  that the July 25th, 2026 meeting of the Democratic Party State Central Committee to select a new nominee for Lt. Governor will not be an in-person meeting but  be held remotely by zoom conference call. Such an effort will reduce to a great extend the political drama of the event on the day the selection is made  by the party as the candidates will likely engaged in extensive lobbying efforts over the next few weeks and as Haaland goes through her vetting process.

It is believed that that this is the first time for a New Mexico gubernatorial nominee to get actively involved with selection of a new running mate after a candidate has dropped out. More than a few political purists within the Democratic Party  are arguing that Haaland is overstepping her authority as the Democratic Party Nominee for Governor by getting involved with the vetting process for a new Lt. Governor nominee. Some are arguing that Senator Harold Pope should fill the vacancy because he ran and that there is a need for a balance ticket to include a male.

Political self-righteous efforts  to exclude Haaland from the vetting process and excluding her in expressing her view and endorsing someone is pure political garbage, especially as  it is being  expressed as being anti-democratic and by the New Mexico Republican Party.  Deb Haaland won the Democratic nomination for Governor in the largest landslide in State Democratic Party history securing 72.3% of the vote (156,861 votes) to Sam Bregman’s 27.7% of the vote (60,189). Deb Haaland won every single county in the state by varying percentages. In Santa Fe County she won with 80% of the Democratic vote. In Bernalillo County Haaland won with 69%. In Dona Ana County, she won with 79%. In conservative Chavez County, thought to lean moderate Bregman, she won with 73%. The 2026 New Mexico primary for Governor was the most expensive primary in the state’s history. According to finance reports filed with the Secretary of State, Democrat Deb Haaland raised over $12 Million while Sam Bregman raised upwards of $4 Million.

The political purist argue that Haaland should leave the vetting for a new Lt. Governor exclusively to  the State Central Committee. That would be a mistake. Simply put, Deb Haaland is head of the Democratic Party by virtue of her landslide victory and her fundraising. She needs to call the shots for the Democratic Party because it will be her political career that is ultimately at stake and on the ballot.  Leaving the vetting for a new Lt. Governor candidate exclusively to the State Central Committee would be a major mistake and Haaland  needs to make her thoughts known as who she wants to replace Toulouse Oliver.

Haaland heads the Democratic Party ticket for state government elective offices and she needs to help with the selection of  a new  Lt. Governor candidate she believes she will be able to work with once they are elected as a ticket. Haaland must make sure that the Lt. Governor  vacancy is filled by someone she can fully trust and  someone who will not undercut her agenda but rather someone who will campaign and promote her and the Democratic party  agenda.  More importantly, the person selected must be fully qualified and who can assume the office of Governor should she leave office before her term ends. She is showing real leadership in getting involved with the vetting process.

There is some risk to Haaland getting involved and endorsing a candidate in that  the state central committee may not agree with her and go with another candidate, but there is too much at stake at this point in time. The bottom line is, it will be the State Central Committee that will make the ultimate decision as to who will be the party’s Lt. Governor nominee, but the State Central Committee  should respect the recommendation made by its nominee for Governor Deb Haaland to allow her to go forth with a unified party and with a candidate for Lt. Governor that she can work with now and after they are elected.

The link to a related article is here:

Democratic Party Nominee For Governor Deb Haaland Will Take Active Role In “Vetting” Lieutenant Governor Candidates; Haaland Will Endorse After She Interviews; State Democratic State Central Committee Announces Process To Apply; Candidates Begin To Emerge To Replace Toulouse Oliver

On June 2, two term Democrat Secretary of State Maggie Toulouse Oliver won the Democratic Party nomination to be New Mexico’s next Lieutenant Governor in a landslide primary election victory over her opponent State Senator Harold Pope (D-Albuquerque). Toulouse Oliver secured 80% (168,109) of the vote to Pope’s 20% (42,127).

On June 18, Maggie Toulouse Oliver  announced she was suspending her campaign thereby dropping out of the race.  Toulouse Oliver wrote  in part in her Facebook announcement:

“This has been an incredibly difficult decision, but a necessary one. Recent changes to my health have caused my family and I to reflect on my commitments at home and to the people of our state — both of which I take extraordinarily seriously. Suspending my campaign will allow me to focus on my family while ensuring I can continue to fulfill my duties as secretary of state.”

Toulouse Oliver concluded her statement thanking all  the New Mexicans who cast ballots in the June 2 primary election for her.

Former U.S. Interior Secretary Deb Haaland, who secured the Democratic nomination in the governor’s race also in a landslide victory over Sam Bregman, would have shared the ticket with Toulouse Oliver. Haaland issued a statement and wished Toulouse Oliver well and wrote this:

“It is a courageous decision to run for office and it’s a decision all New Mexicans understand when you must step back to prioritize your family and health. Thank you to Maggie for your exceptional, longstanding work for New Mexico, your friendship and your courage.”

In a statement, State Senator Harold Pope, who ran against Toulouse Oliver in the June primary said  he is thinking of her and her family and wished them well. Pope also made it known he intends to seek the nomination from the Democratic Party State Central Committee when it meets to fill the vacancy and he said this:

“I want to fill that position if she, indeed, is going to suspend her campaign. … The results didn’t happen the way I wanted them to in the primary…but with my experience in the Senate and what I stand for, I think I would be a great addition to the ticket.”

In a statement, Democratic Party of New Mexico Communications Director Daniel Garcia said the party’s State Central Committee will select a replacement. Garcia said this:

“The timeline for that process is being finalized … “New Mexicans should know that this is a secure, well-established process that has been used successfully for many years, including to fill the CD-1 vacancy in 2021 and nominees for HD-53 and SD-28 in 2024.

Links to quoted or relied upon news sources are hereL

https://www.abqjournal.com/news/maggie-toulouse-oliver-to-suspend-campaign-for-lieutenant-governor-citing-health-issues/3065914

https://www.santafenewmexican.com/news/elections/toulouse-oliver-suspends-campaign-as-haalands-running-mate-pope-jaramillo-in-the-running/article_f5856294-3a91-468b-9134-6a7ad934ecf9.html

https://sourcenm.com/briefs/new-mexico-secretary-of-state-maggie-toulouse-oliver-suspends-dem-lt-gov-campaign-citing-health/

BERRNALILLO COUMTY DEMOCRATIC PARTY ANNOUNCES MEETING

On June 23, the Bernalillo County Democratic Party announced that it  would be hosting its June General Meeting,  Saturday, June 27, from 2:30 to 4:00 p.m. at Botts Hall in the Special Collections Library (423 Central Ave NE). Doors open at 2:00. This is an external monthly meeting focused on electoral work, and it’s open to the general public not just party members. DPNM Co Executive Director Isaiah Baca will attend the meeting to discuss how the selection process for Lt. Governor will work, how it’s worked in the past, and what the timeline will be.

DEMOCRATIC PARTY ANNOUNCES PROCESS TO FILL LT. GOVERNOR NOMINEE VACACNCY

On June 22, Co-Executive Directors Isaiah Baca and Clayton Cate for the New Mexico State Democratic Party sent out an email to all State Central Committee Members outlining the process that will be used to fill the Lt.Governor vacancy. Following is the full email sent:

Last week, we were notified that there will be a vacancy on the ballot for Lieutenant Governor. We want to thank you for your patience as we determined what the process will look like for filling the vacancy. 

 We are sending this out to members of the State Central Committee and will have this posted on our website to ensure transparency and fairness. We are dedicated to holding fair and democratic elections. 

QUALIFICATIONS FOR LIEUTENANT GOVERNOR POSITIONS

According to the Constitution of New Mexico, Article V, Section 3, a candidate must be a U.S. citizen, at least 30 years old, and must have resided continuously in New Mexico for five years immediately preceding the election.

In order to be the party’s nominee for the positions, the nominee to fill the vacancy must be a qualified New Mexico voter and must also be a registered Democrat.

STATE STATUTE ON FILLING A VACANCY

The process that governs filling a vacancy on the ballot is governed by the 2025 New Mexico Statutes, Chapter 1 – Elections, Article 8 – Nominations and Primary Elections

Section 1-8-8 – Vacancy on general election ballot. 

Here are the applicable components of the statute:

• If after a primary election, but ninety or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election [shall be compiled],
• The central committee of the state political party filing the name of its nominee for the office with the proper filing officer when the office is a federal office, state office, district office or multicounty legislative district office; and
• The county or state central committee members making the appointment pursuant to Subsection A of this section shall be as provided for in the rules of the respective party; provided that, at a minimum, the committee shall include those members residing within the boundaries of the area to be represented by the public office.

DPNM RULES ON FILLING A VACANCY

Step 1. The Chair issues a call to an SCC meeting to fill the vacancy

The State Chair issues a CALL for the SCC meeting and election. Under DPNM Rules, Article I, Rule 4.3, only the State Chair can call a meeting of the SCC to fill the ballot vacancy. This process starts with the Chair’s CALL.

Step 2. The CALL goes out, minimum 30 days before the SCC meeting/election.

 Per Article II, Rule 1.3, the CALL must be sent to every SCC member at least 30 days before the meeting, by mail or email (whichever method they chose). The CALL must state the date, time, and location of the meeting (plus login info if the meeting is virtual), and that the purpose of the SCC election is to fill the vacancy in the Dem. Lt. Governor position on the General Election ballot. 

 Step 3. The qualified electors 

 Article I, Rule 4.1 states that the nominee is chosen by the SCC members “from the geographical area corresponding to the jurisdiction of the office.” Lt. Gov. is a statewide office, so the jurisdiction is the whole state and the entire SCC is eligible to vote.

 Step 4. Establishing quorum

 In accordance with Article II, Rule 1.3, SCC meetings/elections must meet two quorum requirements:

• • • Committee quorum: 25% of SCC members 
    • County quorum: A majority of the counties must be represented (at least one member voting from 17 of the 33 counties)

With absentee voting, quorum is met when the specified minimum of SCC members vote (at least 25% of members vote, with at least 17 county parties represented).

 Step 5. Voting by non-secret ballot

 One candidate will be elected as the DPNM nominee for the General election ballot. 

Voting Procedures:

• If only one candidate runs, the SCC members vote for that candidate, or a write-in, or abstain. 
• If two candidates run, the SCC members vote for one of the two candidates; the candidate who receives a majority of votes is declared the winner 
• If three or more candidates run, the SCC members vote on a ranked-choice ballot for their preferred candidates. See Article I, Rule 5.4.4.2 for the number of choices available. 
• On a ranked-choice ballot, if one candidate receives a majority of first-choice votes, they are declared the winner. 
• If no candidate receives a majority of first-choice votes, the ranked score (Borda Count) is calculated for each candidate (see Article I, Rule 5.4.4). The candidate who receives the highest ranked score is declared the winner. 
• Ties are broken by lot. See Article I, Rule 5.3.6.

 Because SCC members are voting on behalf of their constituents, this is a non-secret ballot and cannot be made a secret ballot (Article I, Rule 5.2.2).

 Voting will be done absentee via election buddy. Since the vote is going to be done absentee, we will not have proxy voting.

Per DPNM’s policy for internal elections, the voting period will be open for four days to ensure all eligible voters are able to cast their ballot.

Step 6: State Chair files the nominee with the Secretary of State

After the results are announced, the DPNM Chair files the elected nominee’s name with the Secretary of State, on the SOS form, along with the new nominee’s sworn declaration of candidacy and Campaign Reporting Act paperwork.

 FILING TO BE A CANDIDATE

Candidates interested in filling the vacancy on the ballot must register their interest with the party. Click here to fill out the DPNM form. Per party rules, DPNM must send out a list of the candidates 20 days prior to voting. Write-in candidates will be accepted. 

OBTAINING THE STATE CENTRAL COMMITTEE LIST

 Candidates who are interested in obtaining the SCC list for the purpose of campaigning must fill out the list privacy agreement. Click here to view. Submit the signed agreement to Isaiah@nmdemocrats.org. 

MEETING DATE

DPNM cannot send the call until we have received official notice of the ballot vacancy. We are expecting that announcement to come this week and are currently planning on holding the meeting 30 days after that notice. The expected date of the meeting is July 25, 2026. The meeting will be held virtually. 

FORUMS 

According to the DPNM Candidate Forum Policy for Internal Party Elections, the state party must hold a forum within a time window between 14 to 7 days prior to the election. 

Per the policy, equal time will be given to candidates. Questions may be submitted prior to the forum. We will set up a form before the forum to collect questions. 

TIMELINE 

All of this is subject to change based on when we receive information from the Secretary of State. We will update the SCC if any changes occur. 

• June 25, 2026: Call to the SCC to hold an election to fill the vacancy goes out
• July 5, 2026: List of declared candidates sent to the SCC
• July 18, 2026: Candidate forum will be held on Saturday, July 18, 2026
• July 25, 2026: SCC meeting will be held on Saturday, July 25, 2026. The meeting will be brief. We will explain the voting procedures. Voting will open after the meeting concludes.
• July 28, 2026: voting closes at 5:00 p.m. on July 28, 2026 per the Policy for Internal elections
• July 29, 2026: voting results will be released. A letter with the nominee to fill the vacancy will be sent to the Secretary of State. 

Isaiah Baca and Clayton Cate

Co-Executive Directors

DEB HAALAND ANNOUNCES SHE WILL INTERVIEW INTERESTED LT. GOVERNOR  CANDIDATES AND MAKE ENDORSEMENT

Democratic gubernatorial nominee Deb Haaland  made it known she intends to get involved in the vetting of a new running mate. Less than a week after lieutenant governor nominee Maggie Toulouse Oliver announced she would suspend her campaign due to health issues, Haaland told all members of the New Mexico Democratic Party State Central Committee (SCC)she will interview potential replacements for Lt. Governor for the November general election. Haaland also said she plans to send candidates for the post a questionnaire and issue an endorsement before party insiders make a final selection.

On Monday, June 22, 2026 Democratic Party nominee for Governor Deb Haaland sent the following email to all members for the Democratic Party State Central Committee. The Subject was entitled “A personal note from Deb Haaland regarding an endorsement process”:

“Dear Distinguished Democratic State Central Committee Member: 

First, thank you to Secretary of State Maggie Toulouse Oliver for her exceptional, longstanding and ongoing work for New Mexico. I also value her friendship, and her courage. 

I have received a number of inquiries in the past few days on my perspective to help ensure that a hardworking and unifying lieutenant governor candidate fills Secretary Toulouse Oliver’s shoes. I am writing to you today to share my intention to meet with these candidates as the State Central Committee begins to consider their options to fill this significant vacancy on the ballot. 

As a former State Party Chair, I respect each of you and the important role you will play in helping choose the best person for the job. In my role as the Democratic nominee for Governor and with a deep concern for the direction of New Mexico, I also carry a responsibility to ensure we have the best candidate, who will help accomplish our shared vision to lower costs for families, increase access to healthcare, improve education, and make communities safer.

Out of respect for your duty to our party and state, and with the firm belief that this process should be open and transparent, I wish to share how I plan to consider the candidate who I plan to support in this race. I approach this process with a focus on what we stand to gain as a state when we are successful at winning the November election.

• For any candidate who wishes to participate, we will send a questionnaire that will be available to all lieutenant governor candidates. Candidates can request this questionnaire by sending an email to info@debhaaland.com.

• Second, my team and I will hold interviews ahead of the SCC election with the goal of understanding their ideas about how they will share in the campaign work ahead as well as their vision for our state. 

• When all of the interviews are complete, I plan to announce an endorsement. 

Thank you for your thoughtful consideration in this process of nominee selection, and I look forward to working alongside you as we seek the best candidate to stand up for New Mexico’s working families.

In service,

Deb Haaland

CANDIDATES EXPRESSING  INTEREST

Several Democrats have expressed interest in filling the Lieutenant Governor vacancy since Toulouse Oliver’s abrupt withdrawal from the race. The list of potential candidates includes state Senator Harold Pope Jr. of Albuquerque, State Senator Leo Jaramillo of Española and outgoing state Land Commissioner Stephanie Garcia Richard.

Garcia Richard had previously planned to run for lieutenant governor but suspended her campaign last October due to her husband’s cancer battle. After Toulouse Oliver announced she planned to bow out of the race, Garcia Richard said her husband’s health has improved in recent months and indicated she would be “ready to serve” if called upon.

On June 23,  another potential candidate, state Auditor Joseph Maestas, announced he was removing his name from consideration due to logistical challenges that would be created if he were to step down as State Auditor.

Four other names that have been mentioned as possible candidates include:

• Former State Auditor Brian Colón
• Los Ranchos de Albuquerque Mayor Lawrence Rael
• Former House Speaker Brian Egolf (D-Santa Fe)
• Former Senate Majority Leader Michael Sanchez (D-Belen)

Haaland campaign spokeswoman Hannah Menchhoff  did not answer directly when asked by the Albuquerque Journal whether Haaland would consider candidates’ ethnicity and gender in her endorsement process. Menchhoff said this:

“Deb is looking to support the most qualified candidate who will be equipped to help lower costs, increase access to health care, strengthen education, and keep communities safe. …Lieutenant governor candidates will have access to the questionnaire, which focuses on leadership style, collaboration, vision, accomplishments, and background.” 

State Democratic Party spokesman Daniel Garcia did not say committee members would automatically select whoever Haaland endorses but acknowledged her wishes could carry political weight. Garcia said this to the Albuquerque Journal in an interview:

“State Central Committee members may be interested to know who Deb thinks could most effectively help run the state and be the best complement to our party’s statewide ticket as they evaluate the candidates and make their individual decisions on how they rank the candidates. ”

https://www.abqjournal.com/news/deb-haaland-plans-to-vet-potential-running-mates-as-democrats-ready-to-fill-ballot-vacancy/3068555

https://www.krqe.com/news/politics-government/multiple-democrats-declare-interest-in-becoming-nominee-for-new-mexico-lt-governor/

https://www.santafenewmexican.com/news/elections/toulouse-oliver-suspends-campaign-as-haalands-running-mate-pope-jaramillo-in-the-running/article_f5856294-3a91-468b-9134-6a7ad934ecf9.html

COMMENTARY AND ANALYSIS

The Democratic ticket was set to be all-female ticket with Haaland and Toulouse Oliver, a historical  first for a major political party in New Mexico before Toulouse Oliver announced her withdrawal from the race. Under New Mexico primary election law, governor and lieutenant governor candidates run independently in the primary and the winners of these races who share the same party affiliation are then paired on a ticket for the general election. New Mexico history is replete with New Mexico Governors and Lt. Governors, who ran independently in the primary who are then elected as a ticket, but who simply do not get along, or who did  not like each other and where relations were strained.

It is believed that that this is the first time for a New Mexico gubernatorial nominee to get actively involved with selection of a new running mate after a candidate has dropped out. More than a few political purists within the Democratic Party  are arguing that Haaland is overstepping her authority as the Democratic Party Nominee for Governor by getting involved with the vetting process for a new Lt. Governor nominee. Some are arguing that Senator Harold Pope should fill the vacancy because he ran and that there is a need for a balance ticket to include a male.  The political purist argue that Haaland should leave the vetting for a new Lt. Governor exclusively to  the State Central Committee which would be a mistake.

Deb Haaland won the Democratic nomination for Governor in the largest landslide in State Democratic Party history securing 72.3% of the vote (156,861 votes) to Sam Bregman’s 27.7% of the vote (60,189). Deb Haaland won every single county in the state by varying percentages. In Santa Fe County she won with 80% of the Democratic vote. In Bernalillo County Haaland won with 69%. In Dona Ana County, she won with 79%. In conservative Chavez County, thought to lean moderate Bregman, she won with 73%. The 2026 New Mexico primary for Governor was the most expensive primary in the state’s history. According to finance reports filed with the Secretary of State, Democrat Deb Haaland raised over $12 Million while Sam Bregman raised upwards of $4 Million.

Simply put, Deb Haaland is head of the Democratic Party by virtue of her landslide victory and her fundraising. She needs to call the shots for the Democratic Party because it will be her political career that is ultimately at stake and on the ballot.  Leaving the vetting for a new Lt. Governor candidate exclusively to the State Central Committee would be a major mistake on Haaland’s part and she needs to make her thoughts known as who she wants to replace Toulouse Oliver.

Haaland heads the Democratic Party  ticket  for state government elective offices and she needs to help with the selection of  a new  Lt. Governor candidate she believes she will be able to work with once they are elected as a ticket. Haaland must make sure that the Lt. Governor  vacancy is filled by someone she can fully trust and  someone who will not undercut her agenda but rather someone who will campaign and promote her agenda.  More importantly,  the person selected must be fully qualified and who can assume the office of Governor should she leave office before her term ends. She is showing real leadership in getting involved with the vetting process.

There is some risk to Haaland getting involved and endorsing a candidate in that  the state central committee may not agree with her and go with another candidate, but there is too much at stake at this point in time. The bottom line is, it will be the State Central Committee that will make the ultimate decision as to who will be the party’s Lt. Governor nominee, but the State Central Committee  should respect the recommendation made by its nominee for Governor Deb Haaland to allow her to go forth with a unified party and with a candidate for Lt. Governor that she can work with now and after they are elected.

On June 8, the New Mexico  Supreme Court unanimously rejected an American Civil Liberties Union (ACLU) emergency petition to immediately halt Governor Michelle Lujan Grisham’s Executive Order  placing drug-exposed newborns in state protective custody.  The New Mexico  Supreme Court refused  to halt the Governor’s  specific policy designed to prevent drug-exposed newborns in New Mexico from being discharged to unsafe home environments.

Without comment, the New Mexico Supreme Court Justices unanimously denied a petition from the American Civil Liberties Union of New Mexico and State  Rep. Micaela Cadena, D-Mesilla, and State Sen. Linda Lopez, D-Albuquerque seeking an emergency order on the grounds that the practice is unlawful and causing irreparable harm to family’s and their newborn children.   The petition sought to prohibit the state Children, Youth and Families Department from taking custody of such infants at hospitals and immediately filing abuse and neglect petitions against their parents in court.

More than 130 infants have entered foster care or other suitable placements since Gov. Michelle Lujan Grisham instituted the directive on July 7, 2025. Governor Lujan Grisham  said this in a statement:

“The drugs devastating our families today demand a different response from state government. …  My Executive Order is part of that response  and it has already saved lives. The order is designed as a temporary structure to protect our most vulnerable children, not as a punishment of their parents.”

According to court documents filed by Lujan Grisham’s office in the case,  the Governor’s Office asserts that the policy has improved the lives of children who are “recovering today because CYFD was able to investigate substance-exposure reports promptly and uncover the serious risks that lay beneath the surface.”

The ACLU contended  that parents whose newborns were taken into state custody were denied due process and argued the practice is unconstitutional. Before July 2025, CYFD did not automatically take custody of and investigate newborns identified by hospital workers as drug exposed. Instead, infants could go home under “safety plans” and CYFD would investigate only if it received a separate report of abuse or neglect.

The ACLU alleged in its petition seeking an emergency stay that New Mexico, unlike at least 24 other states, does not consider infants abused or neglected solely because of prenatal drug exposure.   The ACLU argued this in their complaint filed:

“Under this zero-tolerance policy …. newborns are removed from their parents at birth, deprived of developmentally crucial bonding time, and ushered into a system with a proven lack of capacity to provide adequate care.”

In response to the civil complaint filed by the ACLU, the governor argued she acted in response to past tragedies, including the death of a 1-month-old boy born exposed to amphetamines, fentanyl and marijuana. In January 2025, the infant was found dead, face down on a heating pad in his crib. Months earlier, another substance-exposed infant suffered a fractured leg at just 3 months old.  The Governor’s Office argued that the ACLU, state Rep. Micaela Cadena, D-Mesilla, and state Sen. Linda Lopez, D-Albuquerque, lacked standing to bring the case. They further argued that parents can challenge removals through Children’s Court proceedings and argued this:

“The Directive makes the substance-exposed newborn’s health and safety the ‘paramount concern’ by utilizing existing authority to give CYFD the time to investigate and ensure that an infant can safely remain in the care of the parent who exposed them to a dangerous drug, multiple drugs or large amounts of alcohol — as opposed to simply letting the baby go and ‘hoping for the best.”

Maralyn Beck, founder and executive director of the nonprofit New Mexico Child First Network said this about the Supreme Court ruling denying the ACLU requested relief:

“We are relieved, if not overjoyed, to see the Supreme Court deny this petition. The governor’s directive is working … lives have been saved.”

https://www.abqjournal.com/news/court-upholds-policy-protecting-drug-exposed-newborns-in-nm/3058867

RECALLING NEW MEXICO DEPARTMENT OF JUSTICE REPORT  OF THE NEW MEXICO CHILDREN YOUTH AND FAMILY’S DEPARTMENT

On April 8, New Mexico Attorney General Raul Torrez released a scathing 224 page report on the investigation by the New Mexico Department of Justice  (NMDOJ) of the New Mexico Children Youth and Family’s Department (CYFD) and its handling of abused and neglected children placed in CYFD care.  The investigation report is entitled “Systemic Failures: How CYFD Endangers The Children Its Meant To Protect”.  The link to review the entire 224 page report is here:

https://nmdoj.gov/publications/cyfd-report/

EXECUTIVE SUMMARY

The NMDOJ investigation into the CYFD identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. According to the report, these failures are not isolated but are pervasive, deeply entrenched, and all too often result in preventable harm to children.

The NMDOJ  investigation report contains the following Executive Summary that has been partially edited for brevity:

“New Mexico’s child welfare system is in crisis. The New Mexico Department of Justice (NMDOJ) investigation into the Children, Youth and Families Department (“CYFD”) …  identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. These failures are not isolated [and] they are pervasive, deeply entrenched, and too often result in preventable harm.

State law is unequivocal: CYFD should strive to preserve and reunify abused and neglected children with their families whenever possible, but when that goal conflicts with a child’s health and safety, the child’s interests must prevail.

The NMDOJ investigation makes one fact unmistakable: CYFD has completely inverted that legislative mandate and abandoned its core mission to protect children as its highest duty. Instead of safeguarding vulnerable children, the Department has prioritized family reunification at virtually any cost—returning children to dangerous caregivers with histories of substantiated abuse or chronic neglect, and who refuse treatment or services to address those underlying issues.

This misalignment between mandate and practice has had devastating consequences, including the deaths of at least seven children since [the] investigation’s inception. And this scale and severity of harm to children over the past year is not an anomaly. New Mexico has long faced disproportionately high levels of maltreatment, repeat maltreatment, and child fatalities compared to national averages.

Interviews, case reviews, and consultation with child welfare experts reveal a troubling pattern: CYFD selectively enforces its own rules—rigidly enforcing these rules when convenient but disregarding or misinterpreting them when compliance requires decisive intervention to protect children. Policies and protocols are often wielded as shields against accountability or disregarded altogether. When children are injured or killed, CYFD’s instinct is not transparency, but self-preservation—deflecting blame, concealing poor decisions, and protecting its image instead of confronting mistakes and embracing lessons that could prevent future harm.

 …  

The child welfare crisis is not an unavoidable reality, but the direct result of poor leadership, indefensible choices, missed interventions, and a widespread lack of transparency.

CYFD’s shortcomings go beyond mere bureaucratic mismanagement—they represent a systematic moral failing—measured in children continuing to be abused, neglected, and lost. The following case studies, documented throughout this report, offer a window into the human cost of that failing.

The NMDOJ’s investigation was not intended to merely catalog CYFD’s many missteps but rather serve as an urgent call to action for policymakers, stakeholders, the newly appointed [Child Advocate Office (AOC)], and leaders within CYFD.

The Department’s history of empty assurances and half-measures in safeguarding children are no longer acceptable—the price for delay and denial has been too high.

The path for CYFD to restore public trust is clear: acknowledge the depth and impact of their failures, institutionalize accountability, and embrace meaningful, lasting change. CYFD’s future legitimacy—and the safety and well-being of those it serves—depends on a renewed and unwavering commitment to its highest duty: putting children first.”

NMDOJ CONCERNS HIGHLIGHTED

The Justice Department said CYFD’s failures are in part fueled by the agency’s overcommitment to keeping at-risk families together. While Child Protective Services workers are obligated to make reasonable efforts to keep families together, the NMDOJ said CYFD must prioritize a child’s safety and not send a child back to a home where they are likely to be hurt again.  The NMDOJ investigation  report states:

“CYFD’s failures to make timely and common-sense decisions that prioritize child safety has been a central driver of New Mexico’s child maltreatment crisis.  In many cases, CYFD’s chronic inaction has led to extended delays in removing children from dangerous environments or not removing them at all.”

Justice Department investigators found that in many of the most severe abuse and neglect cases discussed in the report, CYFD made efforts to hide its failures, including by doctoring investigators’ accounts. NMDOJ investigators wrote this:

“When children are injured or killed, CYFD’s instinct is not transparency, but self-preservation — deflecting blame, concealing poor decisions, and protecting its image instead of confronting mistakes and embracing lessons that could prevent future harm.”

The Justice Department alleged that CYFD also obfuscated its investigation over the past year, resisting requests for child abuse and neglect records and releasing only some of the information requested. CYFD often cited an “inappropriately broad reading” of state laws protecting children’s privacy in abuse and neglect proceedings. The report states:

“CYFD’s approach was consistent: deflect, delay, and withhold. … CYFD’s application of confidentiality operates more as an impediment to transparency and accountability than as a genuine safeguard for the privacy of children and families.”

INVESTGATIVE REPORT CONCLUSION

The NMDOJ report ends with the following sobering conclusion:

“The NMDOJ’s investigation points unmistakably to one conclusion: CYFD has wholly abandoned child safety as its guiding principle. The witnesses interviewed and case studies highlighted show the grave harm that can result when CYFD delays removing vulnerable children from dangerous environments or reunifies them with families before underlying safety threats are resolved. Reunification should be the goal, but only when caregivers have meaningfully addressed the conditions that led to removal. A more deliberate child-centered approach is essential to ensure that reunification supports—not undermines—long-term family stability and child well-being.

COMMENTARY AND ANALYSIS

(EDITORS NOTE:  In the interest of full disclosure, Pete Dinelli served as an Assistant District Attorney  with the Bernalillo County District Attorney’s Office in the  mid 1980s and was  assigned to the Violent Crimes Division by then District Attorney Steve Schiff. Dinelli was one of two prosecutors that did a grand jury presentation and investigation of the state’s negligent handling of child abuse cases and neglect cases before the  Children, Youth and Family Department was created.  Many years later as Chief Deputy District Attorney appointed by then District Attorney Jeff Romero, Dinelli’s duties included supervision of the “Crimes Against Children” division that prosecuted child neglect and abuse cases.)

The lawsuit filed by the American Civil Liberties Union of New Mexico and State  Representative  Micaela Cadena, D-Mesilla, and State Senatro Linda Lopez, D-Albuquerque seeking an emergency order to immediately halt Governor Michelle Lujan Grisham’s Executive Order placing drug-exposed newborns in state protective custody is what can be simply characterized as “Damned If You Do, Damn If You Don’t” litigation against the Governor and the State. It was an ill-advised lawsuit.

It’s more likely than not similar litigation would have been  filed if the State failed to intervene placing drug-exposed newborns in state protective custody. Over the past 30 plus years, many lawsuits have been filed against the Children’s Youth and Family department for their negligent handling of child abuse cases leading to an infant’s death or injuries  and millions of dollars have been awarded. It’s clear that the Governor’s  no tolerance policy is in fact working and saving lives given that more than 130 infants have entered foster care or other suitable placements since Gov. Michelle Lujan Grisham instituted the directive on July 7, 2025.

The New Mexico Supreme Court unanimously rejecting the  American Civil Liberties Union (ACLU) emergency petition to immediately halt Governor Michelle Lujan Grisham’s Executive Order  placing drug-exposed newborns in state protective custody was the right thing to do from a legal as well as  moral obligation. It was the right thing to do given the content of the New Mexico Department of Justice’s investigation of the New Mexico Children Youth and Family’s Department (CYFD) findings that its failures are in part fueled by the agency’s overcommitment to keeping at-risk families together.

The Governor’s Executive Order of placing drug-exposed newborns in state protective custody is the aggressive action demanded to overcome CYFD’s  abandonment of  child safety as its guiding principle as found by the Department of Justice investigation and  the grave harm that can result when CYFD delays removing vulnerable children from dangerous environments.

The safety of any child, especially the new born and children of tender years who cannot defend themselves against drug abuse, physical abuse or sexual abuse by their own parents, must always take precedence over trying to preserve a family unit. The blunt reality is that physical abuse, sexual abuse or drug exposure of any child at the hands of their own parents is evidence that a viable family unit no longer  exists or that the family unit is so dysfunctional that it is in the very best interest of the child to separate the child from the family.  In such instances, the state has a moral obligation to intervene to protect the health, safety and welfare of a newborn or child of tender years. 

New Mexico courts must and can do more. The level of corruption and dereliction of duty by CYFD is likely so extensive that it would be best to abolish the department because of the level of incompetence and physical and mental injury to so many children over so many decades. The suffering and abuse of New Mexico’s children is preventable and must be stopped. The New Mexico Courts need to intervene and order the takeover of CYFD with the appointment of  a special master to begin an aggressive agenda  to bring the department under control until the legislature can act. The New Mexico legislature needs to step in and abolish the Children’s Youth and Family Department and create a new, independent  agency that is overseen by a governing board.