2025 New Mexico Legislature Update: NM House Passes 3 CYFD Bills Unanimously With Goal To Reform Beleaguered Department; Senate Needs To Vote Unanimously To Send  Message To Governor Any Veto Will Be Overridden; POSTCRIPT: Arbitrator Rules CYFD Violated Settlement Mandating Reforms In Class Action Lawsuit      

The New Mexico Children, Youth, and Families Department (CYFD) was created as a cabinet department in 1992. It is a state agency of New Mexico responsible for child protective services and juvenile justice services. The Protective Services Division investigates reports of child abuse and  neglect and has the authority to take custody of children from their abusive parents.  CYFD  has faced years of  scrutiny and litigation over  issues with child  placements, mental health care, and dangerous situations involving the care of children placed in its custody. On January 29, 2025, it was reported that CYFD  is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care. (See Postscript below for more on class action lawsuit.)  New Mexico legislators have tried repeatedly to reform the department by increasing outside oversight of the agency. Governor Michelle Lujan Grisham for her part has opposed all past efforts to increase outside oversight.  Instead, she ordered  the creation of a new advisory council and office of innovation within CYFD.

THREE BILLS PASS HOUSE UNANIMOUSLY 

On March 4, the New Mexico House of Representatives voted unanimously, reflecting overwhelming bi-partisan support, to  approve three bills dealing with the Children, Youth, and Families Department (CYFD). Lawmakers say the structural changes are needed amid ongoing CYFD staffing issues and a worsening state rate of repeat child mistreatment.

Following is a brief explanation of the legislation:

House Bill 5  would create an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

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

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

House Bill 203 would require CYFD workers to retain and back up all electronic records. It would help in particular cases where a child is harmed.  This bill requires that CYFD employees only use their department-issued phones and computers for official work purposes to ensure that all electronic records are  backed up. This is to ensure that any complaints in the CYFD system never get lost, particularly in cases where children are at risk of being harmed. This measure is sponsored by Reps. Meredith Dixon (D-Albuquerque) and Sarah Silva (D-Las Cruces).

House Bill 205   This bill would  establish a nominating committee to vet applications for the CYFD secretary position. It would also provide care for newborns who are born substance-exposed.  The bill would strengthen plans of care for substance-exposed newborns  moving responsibility for the CARA (Comprehensive Addiction and Recovery Act) program from CYFD to the Healthcare Authority, and create a nominating committee to vet CYFD Cabinet Secretary candidates. HB 205 is sponsored by Reps. Meredith Dixon, Eleanor Chávez (D-Albuquerque), Rebecca Dow (R-Truth or Consequences), House Minority Leader Gail Armstrong (R-Magdalena), and Senator Linda Trujillo (D-Santa Fe).

REACTION TO PASSAGE

Speaker of the House Javier Martinez had this to say about passage of the legislation:

“When CYFD fails, New Mexico’s children pay the price. These failures also worsen the cycles of poverty, trauma, and substance use that contribute to crime in our communities. Our goal is to give this critical state agency all the tools and resources it needs to succeed, while also providing necessary oversight to hold them accountable for doing right by our kids.”

Rep. Michelle Paulene Abeyta (D-To’hajiilee), said this about passage of House Bill 205:

“Growing up, most of us were lucky enough to have trusted adults to speak up for us and help shape our growth and development. Children in state custody may not have anyone in their corner advocating for their needs, and that’s why we need this office – to be a voice for children in the care of CYFD.”

Representative Dixon  had this to say about passage of House Bill 205:

“The children and families of New Mexico deserve transparency and accountability from CYFD. By providing proper medical oversight for at-risk newborns, ensuring adequate records and evidence are maintained, and improving the vetting process for agency leadership, we can better protect our most vulnerable children and start rebuilding public trust in CYFD.”

House Minority Leader Gail Armstrong, R-Magdalena  said lawmakers have unsuccessfully tried to enact structural changes to CYFD during previous legislative sessions and she said this:

“It’s been needed for so many years.”

Despite widespread support in the New Mexico House, Governor Michelle Lujan Grisham and CYFD Cabinet Secretary Teresa Casados do not  agree with the legislature that there is a need for reforms to the department. CYFD Cabinet Secretary Teresa Casados said this after passage of the legislation:

“New Mexico’s most vulnerable children and the dedicated CYFD professionals who work tirelessly to protect and support them rely on us to advocate for legislation that strengthens our child welfare system.  Unfortunately, these three bills fall short of that goal.  I’m hopeful the Senate will listen to the experts’ concerns and give us equal opportunity to share our perspective in [Senate] committee.”

A Lujan Grisham spokesman said it’s premature to discuss which bills might be vetoed.

https://www.koat.com/article/three-cyfd-reform-bills-pass-state-house-unanimously/64044342

https://www.krqe.com/news/politics-government/legislature/cyfd-reform-bills-clear-house-move-on-to-senate-in-new-mexico/

https://www.abqjournal.com/news/article_195096f2-f931-11ef-8553-8fce3b70f9cd.html#tncms-source=home-featured-7-block

https://www.grantcountybeat.com/news/news-articles/2025-nm-legislative-session/house-unanimously-passes-key-cyfd-reform-bills

https://www.abqjournal.com/news/article_195096f2-f931-11ef-8553-8fce3b70f9cd.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

The three approved bills still must win approval in the Senate before the 60-day session ends March 22 in order to land on the governor’s desk.

Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. If there was ever a realistic chance for the New Mexico Legislature to enact major reform measures for the Children, Youth, and Families Department, 2025 is the year to do it.

The New Mexico Senate needs to move rapidly and enact all three bills with a unanimous bipartisan vote to send a clear message to Governor Michelle Lujan that any veto will swiftly be overridden and this year is the year to enact reform of the CYFD department.

_______________________________________

POSTSCRIPT

On January 29, 2025, it was reported that CYFD  is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care.

CLASS ACTION LAWSUITE

In 2020, under Gov. Michelle Lujan Grisham, the CYFD and the Human Services Department settled a class action lawsuit known as the Kevin S. Settlement. The lawsuit detailed the agency’s failure to protect children from homelessness, abuse and inadequate care. As part of the settlement, the CYFD agreed to implement hundreds of reforms aimed at ensuring children in foster care receive proper placement, education and health care.

After an eight-day arbitration hearing, an independent arbiter released a scathing report concluding that the CYFD had violated its agreement, subjecting children to “irreparable harm.” The report outlined several key failures, including:

  • CYFD did not increase its number of caseworkers and even implemented a hiring freeze.
  • Workloads remained unmanageable, with supervisors still handling active cases.
  • The agency failed to maintain an adequate supply of foster homes.

CYFD Cabinet Secretary Teresa Casados acknowledged the arbiter’s findings and admitted the agency had not met the expectations outlined in the settlement. Casados said this:

“There was not [anything in the report] that I disagreed with. …I believe the department is making every effort it can to meet those requirements. I also believe it’s not in the time frame that people want to see.”

Casados cited several challenges that have hindered progress, including setbacks due to the COVID-19 pandemic and legislative funding restrictions that prevented the agency from allocating resources as needed. Casados explained it this way:

“A lot of the funding we receive comes with very specific language that ties our hands in what we can do with it. .. [Despite challenges] we’re making progress at the department. … Of course, it’s not at the speed that everybody would like to see, but as they say, slow and steady.”

The arbiter has given the CYFD an April deadline to secure proper funding and implement the necessary changes. Additionally, the arbiter wants to hear from independent consultants about whether the CYFD should have an ombudsman to oversee the department’s reforms.

In the past five years, the CYFD has paid over $27 million to settle civil rights claims. If the agency fails to comply with the arbiter’s orders, the lawsuit could be refiled, potentially leading to even higher costs for taxpayers.

$3.9 MILLION SHORTFALL

The state’s Risk Management Division recently reported a $3.9 million shortfall in its settlement fund, with child welfare cases playing a heavy role. In 2024, CYFD settled for $18 million across 12 settlements, according to a Source NM review of the settlement data available on the state’s portal. The settlements ended lawsuits alleging the department’s responsibility for the deaths or severe injuries of children in state custody, from years ago.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/new-mexico-cyfd-scrutiny-report/63606534

https://www.abqjournal.com/news/article_acc00a32-f083-11ef-8e09-c75d84d3e97f.html

https://sourcenm.com/2025/02/19/child-welfare-reform-experts-oppose-nm-cyfd-commission-plan/

https://www.krqe.com/news/politics-government/legislature/lawmakers-proposing-bills-to-reform-cyfd-during-legislative-session/

https://www.kob.com/new-mexico/new-mexico-lawmakers-discuss-cyfd-reform-and-oversight/?utm_source=Sailthru&utm_medium=onsite&utm_campaign=recomm

Public Anger Erupts Over Efforts To Move State Fair Grounds; Governor MLG Needs To Leave EXPO NM Where It Is With No Affordable Housing; Reinvest And Revitalize EXPO NM Into Year Round Entertainment District; Governor MLG’s Response To “Woman Taking Back Our Neighborhood” Reveals  Backtracking Of Epoch Proportions; Postscript: Guest Opinion Column By Colleen Aycock

On December 3, Governor  Michelle Lujan Grisham accompanied by Speaker of the House Javier Martinez, Mayor Tim Keller and State Fair Commission Chairman Eric Serna and other officials held a news conference at Expo New Mexico to announce that the state intended to find a new location and move the State Fair within two years.

The announcement included the release of a Request For Proposal (RFP) that the legislature advanced $500,000 to develop a master plan for the 236-acre cite. The purpose of the Master Plan would be to provide a plan to maximize facilities operations year round, including addressing the needs and growth of the area for the next 10 to 20 years and find perhaps other uses for the property itself. The $500,000 Request for Proposals was issued on December 3 and was to last for 45 days.

No new location was announced during the press conference, but it was suggested that keeping the State Fair centrally located such as in Bernalillo, Valencia or Torrance County would be beneficial due to the interstates. Governor Lujan Grisham said this:

“We have made the decision preliminarily to ask for folks to focus on the center of the state … but there are a lot of spaces. Though Albuquerque is a bit constrained, there are still plenty of opportunities in Bernalillo County. Imagine, if you will, that Valencia County could offer up some interesting proposals, that the South Valley right here in Bernalillo County [could do the same]. Bernalillo County ought to think about where would a new developed platform in space be. Maybe Torrance County, maybe Edgewood and Santa Fe.

New Mexico House Speaker Javier Martinez said this:

“Sadly, we’ve lost our two grocery stores. We lost to Walmart a couple of years ago. We lost the Fair Square even before then. We’ve lost our two drug stores in the area as well over the last couple of years. This area is in serious need of a jolt of energy. … For the community that lives here, I think folks are ready for a change. And folks are ready for affordable housing.” 

State Fair Commission Chair Eric Serna said this:

“Those who have attended the fair recognize that we have outgrown the facilities and property here. It’s time to look at the growth of this fair to continue to be the best fair in the country, and under the governor’s leadership and commission, we will move forward and seek the best possible options for the growth of our fair.”

Albuquerque Mayor Tim Keller for his part discussed his wish list for new locations for Expo New Mexico, including keeping the fairgrounds in Albuquerque and listing the Balloon Fiesta grounds, Mesa del Sol and West Side spaces as potential new locations.

Among the many ideas suggested for the development of the 236 acres of prime property included low income and affordable housing and demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility. Recommendations for future land use include commercial retail business development.

The announcement to move the Fair Grounds took surrounding neighborhoods and businesses by total surprise. There was a complete failure by the State Fair Commission and the Governor’s Office to reach out to adjoining neighborhood, property owners and businesses to get their thoughts and input.

CONTENTIOUS MEETING

On February 26, Bernalillo County Government held a meeting to discuss and provide information on the county’s  proposed Tax Increment Development District (TIDD) for the  New State Fairgrounds known as EXPO New Mexico. The county wants to enact a TIDD for the entire westside half of  the State Fair grounds property excluding the Downs, the supporting stables and the casino. The public meeting was held at the State Fair Grounds Alice Hopes African American Pavilion with upwards of 200 people attending.

WHAT’S A TIDD?

A Tax Increment Development District (TIDD) is a funding mechanism within a specific geographic boundary to finance public infrastructure improvements.  A TIDD uses a portion of incremental gross receipts taxes or property taxes dedicated to it by the County or other public entities as a source of TIDD bonds. These funds are used to reimburse the developers for the cost of constructing the public infrastructure improvements such as roads, water and sewer and community facilities. Operation, maintenance and repair expenses are funded by the public entity accepting the public infrastructure. Funding generated from the issuance of the TIDD bonds can only be used for infrastructure on the specific property identified in the TIDD and it is strictly prohibited by law to use the monies for use to benefit another property.

At the February 16 meeting,  a slide presentation was made by Bernalillo County Economic Development Director Marcos Gonzales on County’ proposed TIDD for the State Fair Grounds. Participating in the presentation and responding to questions were Acting Cabinet Secretary of the New Mexico General Services Department Anna Silva, Bernalillo County Commission Chairman Eric Olivas, former Albuquerque Mayor Marty Chavez who is  the Governor’s appointed Infrastructure Advisor, and Expo New Mexico State Fair Manager Dan Morning.  Bernalillo County Commissioner Adriann Barboa and City Councilor Nichole Rogers acted as emcees for audience questions. Also, in attendance as an audience member was Bernalillo County Commissioner Frank Baca.

HOSTILE REACTIONS

After the very short slide presentation by Bernalillo County Economic Development Director Marcos Gonzales, former Mayor Chavez was asked to respond to questions.  Chaves said this before answering  questions:

“About six months ago, the governor approached me and said, ‘Look, what’s going on right now in the southeast part of Albuquerque is not sustainable. … You see it every day: the homicides, the unhoused run over, left dead on the street.”

Chavez mentioned the possibility of moving the State Fair. The audience reacted in anger to moving the State Fair and issuing the TIDD financing. The meeting quickly disintegrated into confrontation and angry questioning by the audience. Chavez took the brunt of the criticism as demands were shouted by the audience that the Fair Grounds not be moved.

Unfounded accusations of impropriety were leveled against Chavez and he did his best to respond, claiming he understood people’s first amendment rights. He said he has had his share of being yelled over the years. Chavez said “Everyone will be heard” noting he was speaking on Governor Lujan Grisham’s behalf. The audience was in no mood to listen to what Chavez had to say.

At one point an audience member asked all those present to raise their hands to show how many wanted the Fair Grounds to stay where it is. Upwards of  99% of the audience raised their hands not to move the Fair Grounds. Chavez insisted that the meeting was not about moving the fairgrounds, there was no final decision by the Governor but he himself opened the door when he first mentioned it as an option.  He said he was Governor Michell Lujan Grisham’s representative, no final decision had been made ostensibly forgetting the Governor’s December 3 press conference announcing moving the fairgrounds.

AUDIENCE MEMBERS SPEAK OUT

Audience members were given the opportunity to speak after the presentation on the TIDD. Audience members said that the City has been a total failure in cleaning up Central and the city has  failed to address the homeless crisis on Central.  Audience members argued that before anything is spent on improving or moving the Fair Grounds, money would be better spent cleaning up Central, dealing with the homeless, drug addicted and mentally ill and providing them with services to get them off the streets.

Speakers cast skepticism on their ability to sway the state to not move the State Fair and how the area would be developed.  Audience member Paul Losinski said this when given his chance to speak:

“They will have already decided the main framework, so all we can do is decide, do we want high-rise buildings? Or do we want low-rise buildings? We have already lost the ability to have input as to what the RFP was for.”

Another Albuquerque area resident, René Horvath, said moving the fair won’t solve the problems on East Central. Horvath said this:

“Leave the fair alone, it’s not a problem.  I’m going to be heartbroken if they move the fair.”

The public spoke against not only the proposed move but the TIDD. One man asked “You’re just wasting money! Who’s pocket is this going into?!”

Most if not all of  the public spoke out against the move, citing that the large homeless population and crime in the area have driven out other businesses from the neighborhood. One audience member said this:

“We have lost Walmart, we have lost Walgreens, we are in a food desert. And you guys talk about doing this, you need to put your money somewhere else!”

Other audience members argued that the funding should be used to help the homeless rather than remove them. An audience member said this:

“You have a community of 5,000 homeless people, 55% of which are veterans who’ve served this country. And this is where our taxpayer money is going?  To restructure our fairground or change our fair?”

It was noted by audience member Pete Dinelli that 15 years ago Central was in fact cleaned up before by the Safe City Strike Force he headed  with aggressive code enforcement action against Central motels and violent bars that the city tore down. The city  took  enforcement actions against nuisance properties both residential and commercial of up to 1,000 a year. It was also noted that the Keller Administration has spent upwards of $400 million over the last 4 years for shelters and services to the unhoused but the city’s efforts have been a failure to reduce the proliferation of the homeless on Central and throughout the city.

RFP CANCELLED WITHOUT EXPLANATION

After Chavez spoke, acting Cabinet Secretary of the New Mexico General Services Department Anna Silva made the surprise announcement that the state just a few hours before the meeting canceled the Request For Proposals (RFP) to develop  a master plan aimed at transforming the fairgrounds. Former Mayor Martin J. Chávez, who the Governor tapped to help on the project, said he didn’t know why the RFP was canceled.

The state had planned to finalize the original RFP contract by February  20 and award it on Friday February 29. Instead, the State withdrew and cancelled the RFP on February 27. According to Anna Silva, the acting secretary of New Mexico’s General Services Department, another RFP will be sent out the first week of March.

After the meeting Bernalillo County Economic Development Director told Albuquerque Journal reporter Noah Alcala Bach this:

“I just found out this evening [about the cancellation of the RFP] … Ultimately, if we wanted to be more prepared, we would need more information from the state on their master plan process and what they want to actually have at the site.”

Bernalillo County Commissioner Adriann Barboa  who represents the county commission  district that includes the fairgrounds, said she hasn’t spoken directly with the governor about plans for the site and instead receives updates from Chávez. Barboa in an interview with the Albuquerque Journal reporter Noah Alcala Bach after the meeting said this:

“This was my decision to hold this meeting. The state wasn’t necessarily wanting to. … I asked them to come to be transparent.”

Bernalillo County Commission Chairman Eric Olivas for his part said public concern about the future of the fair had an impact on him. Olivas blamed the state for canceling the RFP, saying it “set us back tremendously.” Olivas sent the Albuquerque Journal a statement the day after the meeting that said in part:

“We needed to present a better menu of options, a vision for the future and better address the serious and legitimate concerns raised… I heard loud and clear two messages: community does not want to move the fair, and we must better address crime and rampant drug use on Central.”

It was in  January that  commissioners voted unanimously to take a vote on establishing  a Tax Increment Development District (TIDD) for the State Fair grounds. County commissioners will now vote on vote March 11 on whether to establish a Tax Increment Development District (TIDD) for  the fairgrounds.

Links to relied upon or quoted news sources are here:

https://www.krqe.com/news/public-backlash-as-officials-hold-meeting-on-future-of-expo-new-mexico/

https://www.krqe.com/news/albuquerque-metro/bernalillo-county-commissioners-look-at-creating-special-tax-district-at-state-fairgrounds/

https://www.abqjournal.com/business/article_d7b2660e-f560-11ef-b5ac-475a04606d4e.html

GOVERNOR MLG RESPONSE TO “WOMAN TAKING BACK OUR NEIGHBORHOOD” MEMBER REVEALS BACKTRACKING OF EPOCH PROPORTIONS

Women Taking Back Our Neighborhoods is a community activist organization involved and voicing their opinions on critical issues facing the City of Albuquerque. It has a membership of upwards of 100 members who attend city council meeting and public presentation and who are known to protest on occasion. On March 3, the Office of Governor Lujan Grisham sent the following email responding to a member of Women Taking Back Our Neighborhoods regarding the proposal to move the state Fair Grounds:

“Thank you for contacting The Office of the Governor.

At this stage, no decision has been made regarding whether to relocate the Fair or rebuild it in its current location. The Master Plan initiative aims to gather community input, reliable data, and a comprehensive understanding of the relevant facts and sentiments.

The Governor is considering several concerns. The southeast heights, particularly the International District where the Fair is situated, is experiencing a troubling surge in drug-related issues and violent crime, unprecedented in our history. In the past year, notable establishments like Walmart, Walgreens, and CVS have closed their doors.

The State Fair occupies 238 acres of prime land that is well-suited for mixed-income and mixed-use, walkable development. If executed properly, this could lead to an increase in property values around the Fair, which are currently declining, and attract private investment to enhance the neighborhoods surrounding the Fairgrounds, ultimately reducing crime.

 It’s worth noting that when the Fair was initially established in its current location, Albuquerque’s eastern heights were primarily home to the University of New Mexico, and the Fair stood alone on the mesa.

Additionally, over the years, the Fair has seen a steady decline in popularity and attendance. Once the third largest in the country, it has now fallen significantly in rankings. We lost the Arabian horse show to Oklahoma, which was willing to invest in that program. Major music events have shifted to the Event Center in Rio Rancho, and rural New Mexico youth are finding more success at their county fairs for agricultural events.

Despite millions of dollars invested, Tingley Coliseum remains substandard. Whether the Fair is moved or stays put, this is an opportunity to re-envision it and restore its world-class status. For the past 40 years, every administration, regardless of political affiliation, has sought ways to make the property suitable for year-round use, yet success has been mixed at best.

Currently, efforts are underway to gather data and make informed decisions. It may ultimately be best to enhance the Fair in its current location, or it may be more beneficial to rebuild it elsewhere. These decisions will be made only after thorough consideration of the facts.

The Governor is committed to taking action rather than allowing the challenges facing the neighborhoods around the Fair and its dedicated attendees to go unaddressed.

We encourage you to stay engaged in this important discussion for all of us.

Respectfully,
Office of Governor Michelle Lujan Grisham

COMMENTARY AND ANALYSIS

Simply put, the February 26, Bernalillo County Government  meeting to discuss and provide information on the Bernalillo County Commission’s proposed Tax Increment Development District (TIDD) for the  New State Fairgrounds  was an absolute and utter disaster. It reflected a hapless effort by Bernalillo County Government as well as the Governor’s representatives to explain to the public what is going on. The fact that the State withdrew the RFP for development of the property just a few hours before the meeting only added to the confusion and the public resentment. The meeting and what was said created an atmosphere of hostility and mistrust when the results should have been to inform and educate the public.

The email from the Office of Governor Michelle Lujan Grisham reflects back tracking of epoch proportions on what she really wants to do with the State Fair. The Governor has gone from announcing on December 3  “We have made the decision preliminarily to ask for folks to focus on the center of the state … Maybe Torrance County, maybe Edgewood and Santa Fe ”  to saying in the email  “At this stage, no decision has been made regarding whether to relocate the Fair or rebuild it in its current location.”

The Governor’s Office also said  in part in the email:

“The Master Plan initiative aims to gather community input, reliable data, and a comprehensive understanding of the relevant facts and sentiments. …  It may ultimately be best to enhance the Fair in its current location, or it may be more beneficial to rebuild it elsewhere.  These decisions will be made only after thorough consideration of the facts.”

Why wasn’t a “thorough consideration of the facts” done in the first place?

Governor Lujan Grisham is the one who held a press conference on December 3, 2024  with the Speaker of the House Javier Martinez, Mayor Tim Keller and State Fair Commission Chairman Eric Serna to boldly announce that the decision had been made to move the Stater Fair. She did so speculating where it could go and without any feasibility study nor exploring potential costs. Past feasibility studies done years ago said the cost to purchase land, relocate the fair and replicate existing facilities at a new site would cost upwards of $1 Billion. The Governor also said she wanted to relocate the fair in two years and that the 2025 State Fair would likely be the last time it would be held at the existing cite. The Governor did not  asked the 2025 legislature to fund the relocation of the State Fair evidencing that she was not truly committed to moving the State Fair and that her press conference on December 3 was for show  and headlines.

EFFORTS TO ADDRESS AFFORDABLE HOUSING

During the December 3 press conference announcing plans to move the state fair ground, it was pointed out that there is a major shortage of affordable housing in the city and a need for 55,000 houses or living spaces within the next decade. Both Governor Lujan Grisham and Speaker of the House Javier Martinez suggested that affordable housing could be placed on 236 acres of land. Proposing to commandeer a good portion of the Expo NM State Fair Property for affordable housing is as absurd as it gets. Affordable or low-income housing is not the highest and best use of any portion of the 236 acres of prime property for development in the center of Albuquerque. It would put a small dent in a projected 55,000 shortage of housing.

The Governor and the Speaker of the House should know the New Mexico Finance Authority (NMFA) is already taking major steps to address the need for more affordable housing over the next 10 years and accessing low-cost capital for home ownership in New Mexico cities and counties. The MFA administers hundreds of millions of dollars each year among 40 programs that range from homeless services to homeownership. It includes new housing, down payment assistance and home rehabilitation. At its May and June meetings last year, the New Mexico Mortgage Finance Authority Board of Directors approved a $50 million allocation, along with the $34.6 million in state fiscal year 2025 severance tax bond funding. The breakdown includes:

  • $26.6 million to create more housing.
  • $20 million for down payment assistance.
  • $10 million to preserve existing affordable housing.
  • $1 million to create stable housing environments.
  • $27 million in reserve to use based on particular demands.

BUILDING A NEW MULTI PURPOSE ARENA

One major project that was being suggested in the RFP withdrawn that merits serious discussion is building a new arena  as part of the redevelopment of the existing  Expo New Mexico property. The new venue would be a modern arena that would have the capacity to support year-round large scale concerts and events. It would replace the existing Tingley Coliseum. Demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards 20,000 has been a dream of many a Governor, State Fair Commissions and Fair Managers.

Tingley Coliseum was built in 1957 and has a capacity for 11,000. Over the years it’s been repeatedly  remodeled and upgraded. Tingley Coliseum in the past few months has had  $2 million worth of upgrades geared toward replacing old seats and fixing the electrical system. The work that began in November permanently removed the benches and outdated 80’s-era seats for new, wider ones. In the process, the coliseum lost roughly 700 of its total 10,000 seats, but officials plan to make up the loss with more standing-room availability.

https://www.krqe.com/news/albuquerque-metro/tingley-coliseum-undergoes-renovations-as-governor-looks-to-possibly-move-state-fair-site/

The City of Albuquerque in particular for decades has needed a large capacity, multipurpose entertainment venue after demolition of the 30 year old Albuquerque Civic Auditorium in 1986. It was back on February 25, 2019 that it was reported that there is a need for such a facility and EXPO New Mexico was in the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds. Absolutely nothing ever happened with the feasibility study and its likely collecting dust somewhere in the State Fair mangers office.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

HIGHEST AND BEST USE OF PROPERTY IS EXPO NEW MEXICO

Elected officials and politicians need to keep their greedy little hands off  the State Fair grounds and abandon any effort to move it. The highest and best use of the 236 acres of property is the State Fair itself and keeping it as Expo New Mexico. Expo New Mexico can be revitalized into an Entertainment and Commercial Hub  that could revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas leased by the State Fair for shops, restaurants, theaters and entertainment venues that would also be used for operations of the annual State Fair and during the State Fair itself. There would be no affordable housing and no other housing on the property.

The existing walls along San Pedro, Lomas and Louisiana should remain intact for security reasons but develop larger entrances. Efforts to revitalize adjoining neighborhoods would only be undertaken by private developers perhaps with state and city development and tax incentives. The City of Albuquerque must and can as it has in the past  take aggressive action to deal with nuisance properties that are magnets for crime in the immediate surrounding neighborhoods. The City of  Albuquerque needs to aggressively enforce its vagrancy laws to deal with  the homeless, including making arrests if need be and provide services to them designed to get them off the streets.

The Albuquerque Downs Racetrack and Casino, along with its stables, occupies upwards of half  of the state fairgrounds and it is not going anywhere anytime soon given that it has a 25 year lease with 12 years remaining and subject to renewal. Governor Lujan Grisham said this:

“There is a long term lease that is not expiring in the next two years, four or six.  So for now, I would expect that the racino stays for a large amount of time.” 

Prominent Albuquerque businessman Paul Blanchard is one of the owners of the Downs Race Track and Casino and there is no doubt he will try and have major say on what is to be developed on the remaining fairgrounds areas that may affect the casino or racetrack.  But the Fair Grounds is still state property that the state can develop as it sees fit. Perhaps its the racetrack and casino that needs to be moved to another location and county with a buyout, but not the Fair Grounds.

OTHER VENUES

Getting rid of the “midway” ride area on the South side and replacing it with year round entertainment venues and facilities is in order.  Demolishing existing, aging specialty exhibition halls, such as the Manuel Lujan building and livestock exhibition stables and replacing them with new, larger facilities with multi purpose usages likewise is in order. Removing the flea market and replacing it with a Farmers Market or a permanent arts and crafts shopping  area should be in the mix.

There are two major facilities that could be integral  parts of an Entertainment And Commercial District Hub: the Downs Race Track and Casino if they want to still be a part of the State Fair and the proposed new multipurpose arena.  Part of the redevelopment of the existing Expo New Mexico property would be the building of a new, modern arena to replace Tingly Coliseum that would support year round large scale concerts and events. It’s a capital improvement project that needs to go forward. With the continuing historical  state revenue surpluses, the building of a multipurpose state of the art arena to replace Tingly Coliseum would be an investment for future generations.

APPROVE THE TIDD

The Bernalillo County Commission should spend more time educating the public on the TIDD. They should consider having another meeting and deferring the March 11 vote to another date to approved it. The Bernalillo County Commission should demand that Governor Michelle Lujan abandoned any effort to relocate the New Mexico State Fair and EXPO New Mexico and make it a condition of approving the TIDD.

The Commission should enact the TIDD with strict irrevocable language that the financing can only be used for infra structure improvements at the existing EXPO New Mexico and that the funding under no circumstances from the TIDD would be used or diverted to  relocated State Fair grounds. Grounds for violation of the dedicated funding to the existing state fair would be grounds for claw backs and punitive damages and penalties.

__________________________________

POSTSCRIPT

Colleen Aycock Guest Opinion Column

The below guest opinion column was submitted for publication on www.PeteDinelli.com  by Colleen Aycock, a resident of Four Hills in SE Albuquerque. She is an organizer of “Women Taking Back Our Neighborhoods”. She has a Ph.D. in Rhetoric from the University of Southern California and has spent her professional life teaching writing at the college level, editing business magazines, and writing biographies for the U. S. Capitol, Statuary Hall. She serves on the Editorial Board for the International Boxing Research Organization (IBRO), has authored 5 books on boxing. She has been inducted into the New Mexico Boxing Hall of Fame. She has spent a lifetime in active civic volunteerism, having been president of Rotary Clubs in Texas and Maryland. She is currently president of P.E.O. Chapter AM, Albuquerque. Her email is cka13705@aol.com.

HEADLINE: Urgent Message To Save Expo New Mexico

Just because someone thinks the State Fair needs to be relocated (many don’t), we shouldn’t be throwing the BABY (Park & Expo) out with the BATHWATER (State Fair).

This is an urgent message sent to SAVE OUR PARK AND EXPO.

Do NOT sell it for another inner-city, high density project–we already have enough on Louisiana.

It appears that [elected officials and politicians] do not know or appreciate our history:

FACT:  Yes, SE ABQ is a hub of Cartels and Crime, Closed & Dilapidated Businesses (sometimes both in the same–witness the prosecution of the Central Serial Rapist who used the decades-old empty Franklin Plaza for his dirty deeds as witnessed in Dist. Court Records, Dec. 2023 – try googling the story) 

Note: the Rapist did NOT rape his victims on the Fair Grounds at Expo. Fix the problem on Central–the EXPO is Neither the Problem Nor the Solution!

FACT: First Expo in 1881 (before statehood) – the New Mexico, Agricultural, Mineral, and Industrial Exposition (where the title Expo came from)

 Next One: March 14-16, 2025, the annual “Gem, Mineral Jewelry Expo” advertised throughout the U.S. at the EXPO Center New Mexico (state Fair Grounds) see http://www.agmc.info, is advertised across the state, and is one of the largest in the SW.

Note: This is only ONE SHOW that draws hundreds/thousands of visitors to ABQ. There are over 200 other events – events other than the State Fair. (from lace-making, to antiques, fine arts, monster trucks, low riders, health, home, garden, dogs, ponies, folk festivals, native American arts, chile fests, music events, horse races and permanent art collections that keeps our population and tourists putting money into our local economy)

FACT: Between Louisiana and San Pedro, along Central is 2-3 miles of walking space through grassy lawns, old growth oak trees, by historic replicas, buildings, public art, and sculpture. We need Visitor Interpretive Signs for this history; not more high-density apartments.

Note:  Like N.Y.’s Central Park; ABQ’s Central Park is the Historic EXPO

Citizens NEED open space for solitude, exercise, learning, and recreation. Not more inner-city.

 FACT:  Tingley Coliseum was built for rodeos and inaugurated by Roy Rogers and Dale Evans in 1957.

 Note: We should better use this property to appeal to our Cowboy and Movie history for tourists and city-wide education.  Make it the biggest Cowboy attraction in the Southwest — 

 FACT: The Palomino Barns were the first structures built in 1938 out of adobe. How ’bout a historic interpretive sign of the Lujan Complex?

 Note:  Does anyone know about Leon Harms who advocated for the Youth of our State opening a private dormitory and dining area for kids who traveled from distant farms to exhibit their animals? According to one source, he held the general manager’s position for 30 years, advocating for our YOUTH.

FACT: the Alice K. Hoppes African American Pavilion, 

Note: How about a monument to our African-American history.

FACT: The Weekend Flea Market: 25 acres where more than 1300 vendors and local food marketeers sell their wares: SMALL BUSINESS at its weekly finest, including Native American Jewelry, locally grown food products, and one-truck estate sales. 

Note:  Don’t these Small Business entrepreneurs, including Girl Scout and High School Student sales count? Aren’t these home-grown, home-trained, secure business experiences better than anything our legislators can suggest on the same land?

 Please inform your ABQ friends at what our city and legislators are trying to do in the next few weeks:  Steal our Historic Park and Expo. 

Once we lose it, it is gone forever. 

  A one-line note to your city, county, or state leader is enough.  Don’t wait until you have no SAY in the matter,

Sincerely,

Colleen Aycock

Woman Taking Back Our Neighborhoods

The link to a related article is here:

Gov. MLG Seeks To Relocate Expo NM; Request For Proposal Issued For Master Plan To Create Mixed Use Development Using 236 Acre State Fair Location For Economic Development, Entertainment Venues And Affordable Housing; New Arena To Replace Tingly Coliseum Proposed; No New Location Identified For Expo New Mexico

Four Known Candidates Running For Mayor; Keller Has Upper Hand For Re-Election Despite Low Approval Ratings; City Needs New Mayor; Stronger Candidates Must Be Recruited To Run   

The City of Albuquerque’s municipal election for Mayor will be held on November 4, 2025.  The city’s Municipal election for Mayor officially starts on March 3 which is the beginning of the “Exploratory Period” for Mayor  with the “Exploratory Period”  ending on April 18, 2025.  The Exploratory Period is followed by the qualifying nominating signature period which begins April 19 and qualifying donations period for public financing which also begins April 19.

Thus far, there are 4 known candidates for Mayor, with 3 making it known they are running, but only 1 thus far having filed with the city clerk. There are 3 that are said to be toying with the idea and 3 that are said to have thought about it but have decided not to run. The bottom line is more candidates need to run because the city is in need of a new Mayor to move it forward.

KNOWN CANDIDATES FOR MAYOR

Following are the four known candidates for Mayor:

MAYOR TIM KELLER

In a year end “Eye On New Mexico” program aired on  KOB -TV,  registered Democrat Mayor Tim Keller made it known that in 2025 he will be seeking a third 4-year term as Mayor. He was first elected Mayor in 2017.  Keller said this in his interview with Channel 4:

“Yea, it’s no surprise, I think two years ago I said I will be asking voters for more time and it’s to finish these big issues we are finally seeing traction to move forward. Whether it’s the [Albuquerque] Community Safety Department, police reform – even the crime numbers finally going down – the Gateway Center, the stadium, all of that I want to see through and I need a couple more years to do it.”

Keller has said he will formally announce his re-electiion bid in March. If he were reelected this fall, Keller would become the first mayor to win three consecutive terms and the second mayor to win three terms. Mayor Martin Chavez won three terms and served from 1993-1997 and then from  2001-2009

COMMENTARY: Keller’s interview comments about needing another four years merit a response. Keller made no mention of the largest bribery and conspiracy corruption scandal in APD’s history in that charges emerged in January, 2025. Mayor Keller and his APD Chief have never taken any responsibility for their failure to detect the APD corruption the entire 7 years they have managed APD. After 7 years under Keller, the Department of Justice is still here after he promised to  get all the reforms done in his first four year term. The crime numbers have only gone down a fraction to what they were before and violent crime is still at historical highs with APD number one in the country for civilian killings. The soccer stadium will only happen because the owner had to get it done after Keller haplessly tried to get the public to vote and pay  for it and voters  turned Keller down. Keller has spent over $400 million on his 5 Gateway Shelters for the homeless, yet the homeless crisis only gets worse.

RADIO TALK SHOW HOST EDDY ARAGON

Registered Republican Eddy Aragon is the CEO of ‘The Rock of Talk’ at ABQ.FM/AM 1600 KIVA. He is a conservative radio talk show host known for his fire brand and confrontational interviews and is a staunch Trump supporter. Aragon has absolutely zero knowledge of city hall and in essence will be a “mini” Trump and wreak havoc on municipal government if elected.  Aragon ran for Mayor in 2021 against Democrat Mayor Tim Keller and former Democrat Bernalillo County Sherriff Manny Gonzales. Mayor Keller won by a landslide to reelection with 56% of the vote.  Former Sherriff Gonzales came in second with 25.6% of the vote and Aragon came  in third with 18.4% of the vote. Aragon said that he only got 18% of the vote because he entered the race so late and wasn’t taken seriously by the media. Aragon said this:

“I brought a lot of energy [to the race in 2021]. There were lines out the door! I believe that I got way more than 20%.”

COMMENTARY: It so typical of Aragon saying he got more than 20% and being an election denier and denying the cold reality of his final vote. The only lines Aragon brought to the door four years ago when he ran were the lines of nasty  political rhetoric he espoused during the race. Aragon said his vision for the city is the same as it was in 2021 and it’s a blind man’s vision. Like Keller, Eddie Aragon is planning to file in March.

RETIRED FIREFIGHTER EDDIE VARELA

Republican Eddie Varela  is  a 72-year-old retired firefighter who served as a Deputy Chief and union president. He told the Albuquerque Journal he is running for Mayor. Varela said this:

“I was born and raised here. It’s been good to me, and I remember the days when it was a beautiful city, and I think we can do that again.”

COMMENTARY: Albuquerque is still very much a beautiful city and looking to the past is not much of a platform for future change. Ostensibly, at age 72, Varela has been retired for a number of years. The Fire Department has no doubt changed considerably. Varela makes no mention of what he has done since his retirement from the city  as far as continued employment  nor managerial experience that makes him qualified to head up an organization of over 5,000 employees with a $1.2  Billion dollar budget.

Like Keller and Aragon, Varela has yet to file.

FORMER SANDOVAL COUNTY DEPUTY MANAGER MAYLING ARMIJO

On February 4, registered Democrat Mayling Armijo formally announced that she is running for Mayor. She is an Albuquerque native. Armijo is a veteran who has worked as the Economic Development Director for Bernalillo County and the Deputy County Manager for Sandoval County. She also has experience with the New Mexico Economic Development Department.  Armijo is now the executive director of a nonprofit business lending organization.  If elected, she would become the first female mayor of the city.  Armijo said this about her candidacy:

“I’m not a politician. I want the job. I want to fix this, I want to do this. I’m very passionate about the city. … Moving away is not an option. Fixing it is.  Like many of us have noticed, crime in this city has just been increasing and increasing, year over year, and I want to be part of the solution and I want to fix crime and I want this city to be a place where we fill safe and welcomeI just didn’t see anybody else jumping in and I knew that we couldn’t do another four years of this current administration…I’m gonna throw myself out there.”

COMMENTARY: A politician saying they are not a politician is so being a politician to ingratiate oneself to win votes. The fact that Mayling Armijo is running for Mayor makes her a politician despite her saying otherwise. She is not seeking public finance and therefore will be looking to large donors who she will likely become indebted to which is typical of a politician. She may want to fix crime but has no background in law enforcement which will make fixing crime extremely difficult for her.  For being a self-professed non politician, it appears she will be relying on a measured finance committee to raise enough money to promote her which is as politician as it gets.

Measure Finance Committees register with the City Clerk to support or oppose a candidate or ballot measure and can raise and spend unlimited amounts of donations so long as they do not coordinate their efforts with candidates. Safer Albuquerque Committee (Safer ABQ) thus far is the only Measured Finance Committee registered with the City Clerk.  Its stated purpose is To advocate for Mayling Armijo’s candidacy for mayor during the Albuquerque 2025 mayoral race and align with values that reduce crime, reduce homelessness, and promote job growth.”

Mayling Armijo thus far is the only announced candidate who has registered with the City Clerk.

https://www.cabq.gov/vote/candidate-information/2025-candidates-and-committees-1

MAYOR CANDIDATES BEING MENTIONED

Confidential sources have confirmed that at least 3 other candidates are considering running for Mayor and are being mentioned as possible candidates. Each has their own personal history that will likely make them unelectable. The fact they are not official candidates as of yet dictates that their past not be discussed. The three are:

  1. Former Republican two term Bernalillo County Sherriff and New Mexico Homeland Security Cabinet Secretary Darren White. This is not the first time White has toyed with running for Mayor.
  2. Democrat Jeff Apodaca, the son of former Jerry Apodaca, who ran for the Democratic nomination for Governor.
  3. Doug Peterson, President and CEO of Peterson Properties.  Doug Peterson has emerged on social media as a major critic of Mayor Tim Keller advocating Keller’s removal spurring speculation that he is running.

NOT RUNNNING FOR MAYOR

Confidential sources have said three other possible candidates have been mentioned as considering running for Mayor but have since decided not to run. Those individuals  are:

  1. Former Bernalillo County Clerk Linda Stover was privately making it known she was running for Mayor but ultimately decided not to run and she  is now openly endorsing Mayling Armijo for Mayor. She was appointed Bernalillo County Deputy Treasurer by Treasurer Tim Eichenberg, but her appointment is now being challenged by the Bernalillo County Commission as a violation of county policy that former elected officials must wait a full year before working for the county again.
  2. Albuquerque City Councilor Dan Lewis, who ran and lost to Keller in a landslide run off 8 years ago had initially said he was going to run but has disclosed to the Albuquerque Journal he is not running. There is no word if Lewis will be running for another term on the City Council.
  3. Bernalillo County District Attorney Sam Bregman was disclosing privately to sources he intended to run for Mayor but has since changed his mind and is looking at running for Governor in 2026 against former Biden Secretary of the interior  Department Debra Haaland who has already announced she is running for Governor in 2026.

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

https://www.abqjournal.com/news/article_5b5699cc-e4e9-11ef-9490-57872167a28e.html#tncms-source=home-featured-7-block

https://www.koat.com/article/abq-mayor-tim-keller-i-am-planning-on-another-term-koat-albuquerque-public-safety/62010718

https://www.kob.com/news/top-news/albuquerque-mayoral-race-begins-to-take-shape/

https://citydesk.org/2025/former-county-economic-development-manager-first-to-announce-run-for-mayor/

COMMENTARY AND ANALYSIS

Given the 3 other known candidates running, Mayor Tim Keller is heavily favored for election to a unprecedented third consecutive 4 year term. The other 3 candidates being mentioned are considered long shots with limited or no experience in city hall government. They will likely have difficulty either gathering the required nominating petition signatures and/or the $5 qualifying donations for public finance if they go the public finance route.

KELLER’S LOW APPROVAL NUMBERS  

Keller is heavily favored over the other 3 known candidates despite Keller having a disapproval rating of 40% and an approval rating of 33% as found by an Albuquerque Journal poll. The City’s Citizens Satisfaction survey released in August last year found that 63% of city residents reported do not feel the city is going in the right direction with only 31% say they are hopeful about the direction the city is going.  The same survey found 61% “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.” The Citizens Satisfaction survey found that 60% of the city residents “disagree” and 35% “agree” that the APD is doing a good job addressing property crime. The survey also found that 56% of city residents “disagree” and 39% “agree” that APD is doing a good job of addressing violent crime.

KELLER’S RECORD AS MAYOR HAS BEEN A FAILURE

Keller’s record as Mayor during his two terms has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. He is known for his daily press conferences and his public relations and self-promotion antics.

Seven years ago when Keller first ran and became Mayor, he proclaimed violent crime was out of control, that he could get it down  and that he would increase APD sworn from the then 850 to 1,200. Violent crime continues to spike and is out of control seven years later with APD currently at 750 sworn officers. The city’s ongoing homicide and violent crime rates continue to be at historical highs and people simply do not feel safe in their homes as the fentanyl crisis surges.

Mayor Keller and Chief Harold Medina have seriously mismanaged the ongoing train wreck known as the Albuquerque Police Department with the department still dangerously understaffed  at about 750 to 800 cops despite  seven years of  increased budgets, salary increases and lucrative bonus pay. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements. Then there is the largest bribery and corruption case in APD’s history involving the dismissal of DWI cases for bribes  that both Keller and Chief Medina have failed to take any responsibility for what happened under their watch as they deflect and blame others. They both have blamed the Court’s, the DAs Office and the Public Defenders for the DWI dismissals.

Keller has also refused to hold Chief Medina accountable for a vehicle crash where Medina negligently plowed into another driver putting the driver in the hospital in critical condition. Medina admitted to violating state law when he failed to have his body camera on during an incident that preceded the crash. After the crash, Keller called Medina “arguably the most important person right now in these times in our city.” Medina’s appointed crash review board declared the crash as “non avoidable” even after Medina admitted to causing the crash.  Medina was given a slap on the wrist with letters of reprimand. The City and Medina have been sued by the other driver and the case is still pending and will likely result in a significant judgement being paid for Medina’s negligent driving and his running of a red light. Medina claims he will retire in December and Keller claims he will find a new Chief, but don’t believe them. They are too much tied to the hip.

Keller has spent over $400 million in the last 4 years on homeless shelters, programs, and the city purchasing and remodeling motels for low income housing. The recent annual Point In Time  homeless survey count found an 18% increase in  the homeless with upwards of 3,000 chronic homeless. It was reported 75% refuse city services. Despite Keller’s spending efforts to assist the unhoused, the city’s homeless numbers continue to spike as the crisis worsens and the unhoused refuse services.

The $400 million spent to help 3,000 to 5,000 homeless with 75% refusing services  would have gone a  long way to finance community centers, senior citizen centers, police and fire substations, preschool or after school programs, senior citizen programs, and police and fire programs.  Keller has allowed the unhoused to proliferate city streets, parks and open space declining to aggressively enforce city and state vagrant laws and make arrests. Keller allowed Corando Park to become the city’s de facto city sanction homeless encampment before he declared it to be the most dangerous place in the state forgetting it was he who  sanctioned it and then he was forced to close it down  because of out-of-control violent crime and illicit drug use.

Keller’s “ABQ Housing Forward Plan” to increase affordable housing was nothing more than a politcal rues relying on the city’s housing shortage. His original announced goal was for the city to have 5,000 additional affordable housing units to be added to the market by 2025 but fell short by 3,000. Keller pushed mandating “safe outdoor spaces” approved exclusively by the planning department  for the unhoused in all 9 city council districts over objections of neighborhoods. Keller wanted to double or triple the city’s density by allowing casitas and duplex development in existing neighborhoods by eliminating the rights of appeal by objecting to neighborhood associations and adjoining property owners.

Keller’s “Housing Forward Plan” makes gentrification an official city policy that caters to developers and the NAIOP crowd at the expense of neighborhoods and property rights. It will not increase affordable housing. It will allow developers and investors to destroy existing neighborhoods for the sake of making a development buck and increasing density in established neighborhoods and destroying their original character.

Keller also supports recent amendment to the city’s zoning laws know as the Integrated Development Ordinance. Those changes reduce or totally eliminate Neighborhood Associations and adjoining property owners rights of standing to appeal developments. In the limited instances where they can appeal a development and they lose the appeal, the changes require them to pay the attorneys fees of the defending developer when before both sides would assume their own attorney fees and costs.

KELLER’S CHARMED POLITICAL CAREER    

Keller continues to have a charmed political career as he seeks a third term with very weak opponents who likely will not be able to mount an effective campaign against him. He has never lost an election and has won all of his elections by a landslide. To complicate matters for Keller’s opponents, Mayor Keller has a built-in advantage called the power of incumbency  with an existing campaign organization consisting of his 27 high paid Department Directors who he pays upwards of $150,000 or more that do not want to lose their jobs, the ability to raise large sums of campaign cash as he did as State Auditor, and  a campaign manager who resorts to questionable slash and burn tactics to disparage opposition and win at any and all costs.

Keller will easily qualify for public financing of $755,946  as he has done before and then have measured finance committees raise an equivalent amount or more as he has done in his past two runs for Mayor.  Keller also has a strangle hold on progressive Democrats who prefer to look the other way when it comes to his mismanagement of city hall and his and Chief Medina’s mismanagement of APD as Keller and Medina refuse to take any responsibility for what has happened under their tenure.

It’s more likely than not that the 2025 municipal election for Mayor will once again be a very low voter turnout for Mayor with less than 20% of those eligible to vote voting, again something that favors incumbents.

FINAL COMMENTARY

Simply put, Albuquerque needs a new Mayor. Eight  years of Tim Keller as Mayor has been more than enough. Voters can and must do better. The City will do better with a new Mayor but that will happen only if other more qualified candidates who can mount a successful campaign are recruited to run. The business community, civic organizations, neighborhood associations and concerned citizens in general  should go out of their way do what they can to recruit qualified candidates to run. Otherwise, we will have another 4 years of disastrous policies, and we will only have ourselves to blame.

The postscript to this article gives a synopsis of what is needed to run for Mayor. With any luck there will be more candidates recruited to run who can win.

______________________________

The following is what is required to qualify and run for Mayor with links to City Clerks web pages:

QUALIFYING TIME PERIODS

The Exploratory Period for Mayor begins on March 3, 2025 and ends on April 19, 2025.

March 3 is the first day of the “Public Financing Exploratory Period” for Mayoral Candidates. The  Exploratory Period begins on March 3 and ends on April 18. March 3 is also the first day or Mayoral Candidates to submit Declaration of Intent to seek public financing.  

The Seed Money Period for candidates for Mayor, or the time to begin collecting exploratory contributions, to collect at least  is from March 3, 2025 to April 18, 2025.

In order to File the Declaration of Intent, the applicant candidate for public finance must schedule an appointment with the City Clerk at least one day prior to filing. The Clerk will review the public finance process with the applicant candidate and provide the Declaration of Intent for public financing.

The Qualifying Period for candidates for Mayor to collect 3,780 qualifying donations of $5.00 from Albuquerque registered voters  for public financing is from April 19, 2025 to June 21, 2025.

The Petition Period for candidates for Mayor to collect 3,000 or more signatures from Albuquerque registered voters is from April 19, 2025 to June 21, 2025.

https://www.cabq.gov/vote/candidate-information/candidate-calendar-for-the-2025-regular-local-election

SEED MONEY CONTRIBUTION LIMITS

From March 3, to June 21, candidates for Mayor are allowed to collect seed money contributions of $250 per person for an aggregate of $151,189.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

QUALIFYING PERIOD SIGNATURES AND QUALIFYING DONATIONS

The qualifying period for candidates for Mayor who are both publicly and privately finance candidates  to collect qualifying petition signatures is from April 19, at 8:00am to June 21, 2025 at 5:00pm.

The qualifying period for candidates for Mayor who are publicly financed candidates to collect  3,780 qualifying donations of  $5.00 each and to receive $755,946 in public finance from the city  is  from April 19, at 8:00am – June 21, 2025, at 5:00pm.

Privately financed candidates can commence collecting donations on April 19 and do so up an until election day of November 5.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

QUALIFYING PETITION SIGNATURES

Candidates for Mayor must gather more than 3,000 signatures from registered voters only who reside within the Albuquerque City limits. Petions are given to candidates and the qualifying signatures can only be collected from April 19, 2025, at 8:00am – June 21, 2025, at 5:00pm to qualify to be placed on the November 4 ballot.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

PUBLIC FINANCED CANDIDATE

Candidates for Mayor who seek public financing must collect Qualifying Contributions of $5.00 each from 1% of the registered voters which in 2025 is 3,780 qualifying donations of $5.00 each. Upon collecting the 3,780 verified qualifying $5.00 donations, the qualifying candidate will be given $755,946.00 by the city in public financing. A candidate who qualifies for the public financing must agree in writing to a spending cap of $755,946 and failure to adhere to the spending cap mandates a full refund and removal from office if elected.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

NO FUNDRAISING OR SPENDING LIMITS FOR PRIVATELY FINANCE CANDATES

Unlike publicly financed candidates, who may only spend the funds given to them  by the City and agreeing to a spending cap, privately financed candidates have no fundraising or spending limits. There are, however, limits on individual contributions. Specifically, Article XIII, Section 4(d) limits the total contributions, including in-kind contributions, from any one person (with the exception of the candidate himself or herself).

The following limits per individual or corporation or entity are  in effect:

“Limits to Contributions. No privately financed candidate shall, for any one election, allow total contributions, including in-kind contributions, from any one person with the exception of contributions from the candidate themselves of more $6,000 for Mayoral Candidates.”

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

IN-KIND CONTRIBUTION LIMITS

Candidates for Mayor can accept individual in-kind contributions of up to $2,500 for a total aggregate of $75, 594.60.

https://www.cabq.gov/vote/candidate-information/publicly-financed-candidates

The link to a related article is here:

Mayor Tim Keller Makes It Known Running For A Third 4 Year Term; Keller Still Favored For Re-Election Despite Sinking Approval Ratings And Poor Job Performance; Expect Opposition 

Governor Michelle Lujan Grisham Signs Into Law The Behavioral Health Care Package And Omnibus Crime Package; Like Oliver Twist Asks For More; Changes To Children’s Code And Juvenile Justice System Stuck In Committee; Other Pending Legislation; More Must And Can Be Done To Address Crime

On February 27 in the Santa Fe capital cabinet conference room Governor Michelle Lujan Grisham signed into law the Behavioral Health Reform Package and the Omnibus Crime Package. During the bill signing, the Governor was joined by Lt. Governor Howie Morales, Speaker of the House Javier Martinez, Democrat Senate Majority Leader Peter Wirth, Democrat Senators Mimi Stewart, Joseph Cervantes, Michael Padilla, Democrat  Representatives Cynthia Borrego and Christine Chandler, other top Democrat leadership, NM Supreme Court Chief Justice David K. Thomson, District Attorney Sam Bregman, law  enforcement officials, and the news media. No Republican Leadership attended.

OMNIBUS CRIME PACKAGE

The crime package passed by lawmakers is House Bill 8. It includes provisions dealing with fentanyl trafficking, auto theft and drugged driving (DWI). It also includes outlawing the devices used to convert semi-automatic firearms into fully automatic weapons. It makes changes to how New Mexico handles criminal defendants deemed incompetent to stand trial and adding a dangerousness evaluation in such cases and giving judges more options for treatment programs. During the bill signing press conference, Governor Lujan Grisham went to great lengths to cite court data showing more than 16,000 charges were dismissed statewide from 2017 through last summer due to competency findings, with about 3,200 people responsible for those cases.

The Omnibus Crime Package, House Bill 8, is a compilation of six different bills that were consolidated into a single bill. The six house bills embodied in House Bill 8 are:

House Bill 4 is the criminal competency legislation. It gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial. The courts will now have more options when dealing with suspects who are deemed incompetent to stand trial  instead of simply releasing them back on the streets. Under House Bill 4, when a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous. State Representative  Christine Chandler, sponsor of  House Bill 4, said this: “What we created was a pathway, two pathways. One for those who are seriously ill and potentially dangerous, and the other pathways for individuals who may get treatment and have their issues addressed in a more appropriate way than it has been over the many years.”   The link to review House Bill 4 is here: https://legiscan.com/NM/text/HB4/2025

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing. Under Hose Bill 16, where a person is found guilty in possession of fentanyl in relation to a crime of trafficking a controlled substance, the basic sentence of imprisonment shall be enhanced by 3 to 5 years. The link to review House Bill 16 is here: Click to access HB0016.pdf

House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison. The bill increases the punishments for shooting threats to the same level as a bomb threat. The link to review House Bill 31 is here: Click to access HB0031.pdf

House Bill 38 would ban devices that can convert semi-automatic firearms into fully automatic ones. Any device converting semi-automatic weapons, like a handgun, into a fully automatic weapon is now banned. They’re already banned on the federal level, but now state prosecutors can take on those cases. The link to review House Bill 38 is here: Click to access HB0038.pdf

House Bill 50 would group together the sentences for four different crimes related to stealing motor vehicles. State law already requires longer prison terms if someone commits one of these crimes on multiple occasions, but HB 50 would make subsequent convictions carry greater sentences for having violated any of the four statutes. It is essentially a stacking of sentences provision. The link to review House Bill 50 is here: Click to access HB0050.pdf

House Bill 106 would allow police officers to test someone’s blood for drugs or alcohol if they refuse to take a breath test and the police have probable cause to believe they committed a misdemeanor. Existing law only allows police to test someone’s blood when they drive under the influence and either kill or seriously injure someone, or when they drive impaired and the officer has probable cause to believe they also committed a felony while doing so.

The link to review House Bill 106 is here: https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0106.pdf

BEHAVIORAL HEALTH REFORM PACKAGE

The Behavioral Health Reform Package consisting of 3 Senate Bills that make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. The following is a description of each of the enacted Senate Bills:

Senate Bill 1: This bill creates the Behavioral Health Trust Fund for the state of New Mexico to support mental health and substance abuse treatment, prevention, and intervention programs throughout the state. The behavioral health trust fund will be invested by the State Investment Council. The trust fund will distribute 5% of its annual value to fund the programs and support investments in necessary infrastructure, technology, and workforce development to facilitate the expansion of services. The fund could also help New Mexico unlock matching funds from federal, local, and private sources. One major change made  to Senate Bill 1 was  removing a $1 billion appropriation for the new proposed trust fund.  Money for the new fund will be provided in a separate budget bill during this year’s 60-day session.

Senate Bill 2: This bill allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care. The bill appropriates the funding to the New Mexico Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide. Senate Bill 2  was not part of the signing ceremony but never the less is part of the behavioral health reform package and  is part of general fund appropriations. It is assured passage in short order by the legislative leadership.

Senate Bill 3: This bill requires regional plans be crafted for providing mental health and substance abuse treatment. The plans would be overseen by the state judicial branch and would include time lines and regional funding priorities.

The legislation signed by the governor will take effect June 20, the date specified by state law for legislation approved during this year’s session that does not carry a different effective date.

GOVERNOR HEAPS PRAISE ON LEGISLATURE AND THEN LIKE OLIVER TWIST ASKS “PLEASE, CAN I HAVE SOME MORE”

Before the bill signing, Governor Lujan Grisham  heaped praises on the legislature and the bipartisanship . After the bill signing she went out of her way and called upon lawmakers to pass more public safety legislation essentially saying like Charles Dickens’ Oliver Twist “PLEASE, CAN I HAVE SOME MORE”.  Lujan Grisham said this:

“This was a thoughtful, smart and dedicated effort to address the most pressing issue, I believe, that we are facing. … We have 30 days [left in the session], plenty of time. I’ve seen these bodies in an hour figure out very complicated issues. There’s a lot more to be done.”

Lujan Grisham went out of her way to cite several other bills she would like to see lawmakers pass.  Those include measures dealing with convicted felons in possession of firearms. In the past, law makers have been reluctant to increase penalties pointing out New Mexico has already increased penalties for such offenses as  recently in 2020.

The Governor also mentioned changes to the Children’s Code and changes to the Juvenile Justice System. In response to media questions, she said she expects to see legislation dealing with the Children, Youth and Family Department requiring more oversight of the department plagued with controversy.

Links to quoted or relied upon news sources are here:

https://www.kob.com/new-mexico/new-mexico-governor-to-sign-public-safety-bills/

https://www.krqe.com/news/new-mexico/new-mexico-governor-signs-crime-and-behavioral-health-package/

https://www.abqjournal.com/news/article_9b339534-f53a-11ef-b8a8-5f2886da1dbf.html#tncms-source=home-featured-7-block

OTHER  CRIME FOCUSED LEGISLATION

With the New Mexico legislature reaching the half way point, its almost assured that there will be more debate ahead on crime-focused legislation.  More than 1,200 bills have been filed during this year’s 60-day session or roughly 100 bills more than two years ago. More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major crime  bills introduced:

  • Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
  • Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
  • House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
  • House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
  • Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
  • Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

Separate legislation under consideration by the House Judiciary Committee but not included in the adopted crime package include:

  • House Bill 12 consists of amendments to the state’s five year old Extreme Risk Firearm Protection Order Act also know as the “Red Flag Law” which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others with a court order. House Bill 12clarifies  that law enforcement officers can directly initiate a court petition to get a court order to seize guns from those who pose a serious risk to themselves or others  instead of having to wait  for someone else to contact them. On February 25, the New Mexico House of Representative  voted 41-27 to approve House Bill 12 and it now goes to the Senate for further committee hearing and  a final vote.

https://www.abqjournal.com/news/crime/article_c15591f4-f3b9-11ef-837c-2f6c88aa65ef.html#tncms-source=home-featured-7-block

  • House Bill 86, which would remove the statute of limitations for prosecuting a human trafficking offense.

COMMENTARY AND ANALYSIS

Entering the 2025 Legislative Session, and after the failed special session last  summer, top-ranking Democrat legislators took months and great pains to craft a package of public safety proposals aimed at balancing stiffer criminal penalties with structural changes to New Mexico’s system for mental health and substance abuse treatment. Those bills moved with bipartisan support, especially in the Senate, to Governor Lujan Grisham for signature in the session’s first 32 days. The urgency and the rapid manner that the legislation move was highly unusual and a remarkable exhibition of bi-partisanship in the Legislature during the 60-day session.

JUVENILE JUSTICE REFORM

The biggest criticism of Omnibus Crime Package, House Bill 8 is that it does not  go far enough especially because it doesn’t address juvenile crime. Law enforcement leaders and lawmakers on both sides of the aisle are demanding serious changes to the Children’s Code to get a handle on violent juvenile crime.

Bernalillo County District Attorney Sam Bregman has been lobbying  lawmakers to pass sweeping juvenile justice reform since October. DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day… As far as violent crime in Albuquerque, the thing that we could do most to move the needle is reform, is juvenile code fixing.”

The proposed changes to the Children’s Code and Delinquency Act DA Bregman has listed as the most important are:

  • Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
  • Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
  • Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun” to “firearm,” which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
  • Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
  • Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
  • Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
  • Requiring judges to preside over juvenile detention hearings.
  • Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

House Bill 134 is a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes to make sure violent teen suspects are held accountable. It would  set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

Despite repeated pleas by prosecutors  and legislators,  House Bill 134 expanding the list of violent crimes where juveniles can be charged as adults, and lowering the age of serious youthful offenders to 14, is still stuck in committee. Republican State Representative Andrea Reeb said this:

“We need to get in committee and get this ball rolling. And again, I’m hoping the Democrats now are going to be like, ‘OK, what else can we do to really address crime?’ Let’s answer to what New Mexicans really want, what the DAs want.”

Democratic leaders say they are willing to discuss juvenile justice reform but suggested there is a big debate on the table.  Speaker of the House Javier Martinez said this: .

“We’ve got to think about why 14-year-olds are committing these crimes. Are they inherently born bad people? Are they inherently born criminals, or are they a product of their upbringing? What’s going on at home? Where are the parents. …  We’re also very cognizant of making sure that we don’t discard these kids and throw them away. They deserve better.”

House Speaker Javier Martínez, D-Albuquerque, said during a  February 22  news conference after passage of the crime package  there would be a “fair hearing” on a bill expanding the state’s serious youthful offender law amid a recent spate of violent crimes involving minors. But he also said lawmakers would look at ways to rehabilitate juveniles convicted of committing violent crimes.

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

FINAL COMMENTARY

Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

The fact that both bills passed with very large bi partisan votes is a testament to the leadership of both parties, but much more can and must be done to address crime. The 2025 New Mexico Legislature needs to enact House Bill 134 that rewrites New Mexico’s juvenile justice laws as embodied in the Children’s Code.

The links to related Dinelli  articles  are here:

2025 New Mexico Legislative Update: Legislature Passes Historic Behavioral Health Care Package; Criminal Competency Legislation Passes As Part Of Six Bill Omnibus Crime Package; Sweeping Changes Made To States Behavioral Health Care System 12 Years After Destroyed By Republican Governor Susana Martinez

2025 New Mexico Legislature Update: Legislature Passes Omnibus Crime Package; Sent To Governor For Signature; Juvenile Justice Reform Still In The Mix; Other Crime Bills Still Pending Hearings And Votes

 

2025 New Mexico Legislature Update: Legislature Passes Omnibus Crime Package; Sent To Governor For Signature; Juvenile Justice Reform Still In The Mix; Other Crime Bills Still Pending Hearings And Votes

NEWS UPDATE: ON FEBRUARY 27, 2025 GOVERNOR MICHELLE LUJAN GRISHAM SIGNED INTO LAW THE OMNIBUS CRIME PACKAGE, House Bill 8.

On  February  22, the New Mexico legislature gave final approval to a high-profile package of  crime bills contained in House Bill 8.  The crime package is a compilation of six different bills that were consolidated into a single bill.

The package includes bills dealing with fentanyl trafficking, school shooting threats and auto theft, and was  fast-tracked by top legislative Democrats in response to the governor’s call for more action on public safety issues. The governor signaled she will sign the legislation into law while urging lawmakers to also pass other public safety proposals during the final weeks of the 60-day legislative session.

During a February 22 press conference after the House adopted Senate technical changes to House Bill 8, Speaker of the House Javier Martinez  said Democrats had followed through on their pledge to address public safety after a special session last summer ended with the governor’s crime-focused agenda being largely rejected.  Speaker Martinez said this:

“I want to tell the people of the state, promises made, promises kept. … Can we do more? Of course, we can do more. That’s why we have been working on public safety for seven, eight years now. This is a process. There’s not one silver bullet.”

Democrat Senator Joseph Cervantes, Chairman of the Senate Judiciary Committee, said the legislature  vowed to concentrate on public safety this session after the special session last summer. He and other supporters of the bills said that approving House Bill 8 is a promise fulfilled. Cervantes said this:

“We as legislators appreciate the frustration of the public and law enforcement the courts with what’s perceived to be a revolving door, and we hear that and see that frustration.”

https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/

House Bill 8 has a heavy focus on criminal competency. The bill looks to improve the court system and makes sure that individuals who may be having a mental health crisis when they commit a crime have access to the treatment, they need so they are able to stand trial.

New Mexico Democrat Speaker of the House Javier Martinez said this:

“Public safety is not just the people who are victims of crime. In many cases, the people who are committing the crimes, who are suffering from drug addiction, who are suffering from mental health issues, we are going to deliver the help that they need as well.”

THE CRIME PACKAGE BILL IN A NUTSHELL

The six house bills embodied in House Bill 8  are:

House Bill 4 is the criminal competency legislation. It gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial. Under House Bill 4, when  a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous.  A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant presents a serious threat of:

  1. Inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;
  2. Committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
  3. Committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;
  4. Violating a provision of the Sexual Exploitation of Children Act;
  5. Committing human trafficking, as provided in Section 30-52-1 NMSA 1978;
  6. Committing a felony involving the use of a firearm; or
  7. Committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.

Democrat Senator Peter Wirth, majority floor leader, said this about House Bill 4:

“I think the governor’s focus really in the special session was on this competency bill, and it took everything we had during an interim process, 30 days’ worth of hearings, to have that be the centerpiece of the public safety package this year.”

https://www.koat.com/article/public-safety-package-heads-to-the-governors-desk-after-approval-from-house-and-senate/63884739

The link to review House Bill 4 is here:

https://legiscan.com/NM/text/HB4/2025

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing. Under Hose Bill 16, where a person is found guilty in possession of fentanyl in relation to a crime of trafficking a controlled substance,  the basic sentence of imprisonment shall be enhanced as follows:

  1. Three years, if the person is in possession of between one hundred and five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or between ten and fifty grams of fentanyl powder, whichever is less;
  2. Five years, if the person is in possession of more than five hundred pills, capsules or tablets containing a detectable amount of fentanyl, regardless of its concentration, or more than fifty grams of fentanyl powder, whichever is less; or
  3. Five years, if the person has recruited, coordinated, organized, supervised, directed, managed or financed another to commit trafficking fentanyl.

The enhancement shall be in addition to, not a replacement of, charging conspiracy to commit trafficking.

The link to review House Bill 16 is here:

Click to access HB0016.pdf

House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison. Under House Bill 31, making a shooting threat consists of intentionally communicating to another person an intent to bring a firearm to a property or use the firearm with the intent to:

  1. Place a person or group of persons in fear of great bodily harm;
  2. Prevent or interrupt the occupation or use of a public building;
  3. Cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies.

The link to review House Bill 31 is here:

Click to access HB0031.pdf

House Bill 38 would ban devices that can convert semi-automatic firearms into fully automatic ones. House Bill 38 provides as follows:

Unlawful possession of a weapon conversion device consists of a person knowingly having in that person’s possession a weapon conversion device or knowingly transporting a weapon conversion device.

  1. Each weapon conversion device found in violation of this section constitutes a separate offense.
  2. A person who commits unlawful possession of a weapon conversion device is guilty of a third degree felony.”

The link to review House Bill 38 is here:

Click to access HB0038.pdf

House Bill 50  would group together the sentences for four different crimes related to stealing motor vehicles. State law already requires longer prison terms if someone commits one of these crimes on multiple occasions, but HB 50 would make subsequent convictions carry greater sentences for having violated any of the four statutes. It is essentially a stacking of sentences provision.

The four different crimes related to auto theft are:

  1. Unlawful taking of a vehicle or motor vehicle. (Theft)
  2. Embezzlement of a vehicle or motor vehicle. (Converting to own use a vehicle entrusted with the fraudulent intent to deprive the owner of the vehicle.)
  3. Fraudulently obtaining a vehicle or motor vehicle (Obtaining by means of fraudulent conduct, practices or representations.)
  4. Receiving or transferring a stolen vehicle or motor vehicle

Under House Bill 50, the penalty enhancement for first and subsequent offenses are as follows:

  1. Fourth degree felony for a first offense;
  2. Third degree felony for a second offense, regardless of which provision was the first offense; and
  3. Second degree felony for a third or subsequent offense, regardless of which provision was the first or second offense.

The link to review House Bill 50 is here:

Click to access HB0050.pdf

House Bill 106 would allow police officers to test someone’s blood for drugs or alcohol if they refuse to take a breath test and the police have probable cause to believe they committed a misdemeanor. Existing law only allows police to test someone’s blood when they drive under the influence and either kill or seriously injure someone, or when they drive impaired and the officer has probable cause to believe they also committed a felony while doing so.

The link to review House Bill 106 is here:

https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0106.pdf

REPUBLICAN CRITICISM

During the February 21 Senate floor debate on House Bill 8, Republican senators tried to expand the crime package by proposing a series of amendments. The amendments would have expanded the state’s serious youthful offender law, changed the penalty for possession of a stolen firearm and made “swatting,” or directing law enforcement to respond to invented threats, a crime. The  proposed changes were rejected with the argument made they should be vetted in legislative committees before being attached to a bill nearing final passage.

Though House Bill 8  was bipartisan legislation, its final passage  still received criticism from Republican lawmakers, saying that it does not go far enough. Senate Republicans expressed criticism that House Bill 8  passed with no amendments requested by the party.  Senate Republican Leader Bill Sharer said this in a statement:

“House Bill 8 is a small step forward in terms of improving public safety. I am disappointed, though certainly not surprised, that Democrats voted to kill each and every attempt Republicans made to improve this package and hold violent criminals accountable. Democrats continually kill our proposals and bottle up our bills in committee, and yet somehow New Mexico is supposed to believe they are ‘addressing crime?’ New Mexicans, the Governor, District Attorneys, law enforcement officers, and even criminals see this for what it is: Democrats are all talk and no action on improving public safety. They would rather give lip service to public safety needs than actually address our state’s crime epidemic.”

JUVENILE JUSTICE REFORMS STILL IN THE MIX

House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. House Minority Floor Leader Gail Armstrong, R-Magdalena, expressed disappointment about Democrats’ decision to advance the crime bills as a package, especially without including more aggressive punitive measures for juvenile offenders. Republicans failed to amend the package to include such content when the package passed the House floor, though GOP leadership still ultimately voted for its passage.

House Bill 134 is a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes to make sure violent teen suspects are held accountable. It would  set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

Bernalillo County District Attorney Sam Bregman has been lobbying  lawmakers to pass sweeping juvenile justice reform since October.   DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”

House Speaker Javier Martínez, D-Albuquerque, said during the February 22  news conference after passage of the crime package  there would be a “fair hearing” on a bill expanding the state’s serious youthful offender law amid a recent spate of violent crimes involving minors. But he also said lawmakers would look at ways to rehabilitate juveniles convicted of committing violent crimes.

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

OTHER  CRIME FOCUSED LEGISLATION

With the New Mexico legislature reaching the half way point, its almost assured that there will be more debate ahead on crime-focused legislation.  More than 1,200 bills have been filed during this year’s 60-day session or roughly 100 bills more than two years ago. More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major crime  bills introduced:

  • Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
  • Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
  • House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
  • House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
  • Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
  • Senate Bill 95: Making it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

Separate legislation under consideration by the House Judiciary Committee but not included in the adopted crime package include:

  • House Bill 12 consists of amendments to the state’s five year old Extreme Risk Firearm Protection Order Act also know as the “Red Flag Law” which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others with a court order. House Bill 12 clarifies  that law enforcement officers can directly initiate a court petition to get a court order to seize guns from those who pose a serious risk to themselves or others  instead of having to wait  for someone else to contact them. On February 25, the New Mexico House of Representative  voted 41-27 to approve House Bill 12 and it now goes to the Senate for further committee hearing and  a final vote.

https://www.abqjournal.com/news/crime/article_c15591f4-f3b9-11ef-837c-2f6c88aa65ef.html#tncms-source=home-featured-7-block

  • House Bill 86, which would remove the statute of limitations for prosecuting a human trafficking offense.

COMMENTARY AND ANALYSIS

The passage of the six-bill package embodied in House Bill 8 is only the first step to enactment of meaningful public safety legislation. Passage of  House Bill 134 making changes to the juvenile justice system is just as important and will result in meaningful long term results in reducing crime.

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

https://www.kob.com/news/top-news/state-senate-approves-public-safety-bills/

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

https://www.koat.com/article/public-safety-package-heads-to-the-governors-desk-after-approval-from-house-and-senate/63884739

https://www.abqjournal.com/news/article_4ce9e72e-f08b-11ef-a9e7-6bf4a5fe72c1.html#tncms-source=home-featured-7-block

https://sourcenm.com/2025/02/12/crime-package-headed-to-new-mexico-house/

https://www.abqjournal.com/news/article_325678a2-ebca-11ef-ad5b-cbcdd6628246.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_a3124d8e-f09b-11ef-8450-c3224e7e4c14.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/new-mexico/crime-package-tackling-competency-issues-in-courts-passes-house-and-senate/

The link to a related Dinelli article is here:

2025 New Mexico Legislative Update: NM House Passes Omnibus Public Safety Package On A 48–20 Vote Without Juvenile Justice Reform; Other Public Safety Bills Still Pending; Make Juvenile Justice Reform Priority 

 

BCSO Deputy Jeff Hammerel Pleads Guilty As Charged To Bribery, Extortion And Conspiracy In Racketeering Enterprise To Dismiss DWI Cases; Implicates Supervisor; Score Card: 5 Plead Guilty As Charged, 17 Law Enforcement Officers Implicated; Expect More Charges; No Public Outcry

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

DETAILS OF HAMMEREL PLEA

In his plea agreement, Hammerel admits to being involved in the scheme since 2017, working with defense attorney Thomas Clear III and private investigator Ricardo “Rick” Mendez and he admits to failing  to appear in court for DWI cases. Under the arrangement, Hammerel would miss his court appearance, Clear would move to have the case dismissed. Hammerel says he was paid bribes of  at least $20,000 in cash or gifts in exchange for his help in getting the cases dismissed. In his plea, Hammerel  admits he had the help of an unidentified sheriff’s supervisor who has yet be charged.

In the federal Criminal Information charging Hammerel, which he plead guilty to, federal prosecutors allege in part:

“To ensure successful operation of the scheme, Mendez [Clear’s private investigator] contacted persons in authority at BCSO, including a supervisory BCSO deputy, to ensure that participating conspiring officers, including Hammerel, would not get in trouble for failing to appear at required settings.”

Federal prosecutors did not identify the BCSO supervisor or name any other person in authority at BCSO involved in the scheme.

In his plea agreement, Hammerel said he joined BCSO’s DWI unit in 2013 and began coordinating with Mendez, Clear and the unnamed BCSO supervisor in 2017. Hammerel admits that the BCSO supervisor “provided me assurances that I would not get in trouble for failing to appear” at court hearings, pre-trial interviews and other trial settings so DWI cases get dropped. Hammerel admits he was paid in cash and “Christmas gifts and gifts in connection with the birth of a child.”

Hammerel is the first member of BCSO to plead guilty or be charged in the case. Under the plea agreement, Hammerel faces up to 80 years in prison and $1.25 million in fines.

On February 25, Sherrif John  Allen placed BCSO Undersheriff Johann Jareno on leave after he was interviewed by FBI. Jareno is the highest-ranking law enforcement official to be tied to the case so far. Jareno has been placed  on the Bernalillo County District Attorney’s Brady-Gigilo list that  specifies law enforcement  officers  who are not to be  considered credible in court.

Bernalillo County Sherriff John Allen said this in a  statement:

“The Bernalillo County Sheriff’s Office holds its deputies to the highest ethical and professional standards. Any violation of the public’s trust will not be tolerated. … While this matter is now in the hands of the federal justice system, we remain committed to transparency and accountability. We will continue to cooperate fully with our federal partners as the investigation proceeds. Given the ongoing nature of the federal investigation, BCSO will continue to defer further comment to the appropriate authorities handling the case. We are actively reviewing our internal policies and procedures to strengthen oversight and prevent future misconduct.”

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/bernalillo-deputy-guilty-plea-dwi-scandal/63924769

https://www.kob.com/new-mexico/former-bcso-undersheriff-resigns-amid-dwi-scandal/

https://www.abqjournal.com/news/article_57ba6892-f3c7-11ef-8536-671d122bd65b.html#tncms-source=home-featured-7-block

DWI CRIMINAL ENTERPRISE

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.

More than a year into their investigation, the FBI  continues  to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III  and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying  bribes to arresting officers.

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,  DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, they would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews, court hearings. The would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so 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 or aggravated 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 charged 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 persons  first, second, third or even the fourth offense, misdemeanor or felony DWI,  while there is no charge if a person qualifies and is defended by the Public Defenders Office.

FOUR OTHERS HAVE PLEAD  GUILTY AS CHARGED

Hammerel is the fifth person and the third law enforcement official to plead guilty as charged. Three Albuquerque Police Department officers, attorney Thomas Clear III and his investigator  Ricardo “Rick” Mendez, have all plead guilty as charged.

On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in a criminal Information.  The 8 count criminal Information contains the following charges:

  • 1 count of a RICO Conspiracy
  • 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
  • 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
  • 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

On  February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas with no agreements as to sentencing but agreeing to cooperate. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.

On February 12, DWI defense attorney Thomas Clear III, 67 plead guilty to nine federal charges including racketeering (RICO) conspiracy, bribery, and extortion with no agreement as to sentencing and agreeing to cooperate. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court. On February 7, the Federal Bureau of Investigations (FBI) filed a “Complaint for Forfeiture” of a home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.

On February 12, former APD officer Neill Elsman plead guilty to 5  counts in federal of to conspiracy, extortion, and bribery. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. Elsman faces up to 70 years  in prison.

SEVENTEEN LAW ENFORCEMENT OFFICERS IMPLICATED

Former BCSO  Deputy Jeff Hammerel is the 17th law enforcement officer to have resigned, retired, terminated or federally charged or indicted 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. Fourteen APD Officers, two Bernalillo County Sherriff Officers and one New Mexico State Police Sergeant thus far  have been implicated in the bribery racketeering enterprise.

14 APD OFFICERS IMPLICATED OR CHARGED

During the past year, a total of 14 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired and 3 have been charged and have plead guilty. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 14 officers who have resigned, placed on leave, who have been terminated,  retired or charged are:

  1. On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
  2. On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
  3. On Friday, February 8, Alba plead guilty as charged to racketeering, bribery, extortion and conspiracy.
  4. On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
  5. On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
  6. On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned. On Friday, February 8, Montañoplead guilty as charge to  racketeering, bribery, extortion and conspiracy..
  7. On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  8. On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  9. 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, Elsman plead guilty as charged  to 5  counts of  conspiracy, extortion, and bribery.
  10. 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.
  11. October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013.
  12. On January 24, 2025 APD announced they placed officers Matthew Chavezon leave.
  13. 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.
  14. 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.

TWO BERNALILLO COUNTY SHERRIFF DEPUTIES

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.

On February 24, 2025, BCSO  Undersheriff Johann Jareno was asked to resign by  Bernalillo County Sheriff John Allen.

NEW MEXICO STATE POLICE

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 is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King.

LaFave, who joined State Police in 2012, said in an online 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.

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

COMMENTARY AND ANALYSIS

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

APD’S BASTION OF “DIRTY AND CORRUPT COPS”

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

NO PUBLIC OUTCRY

What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest  law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the  Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada. No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he prepares to run for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.

CONCLUSION

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