On Thursday March 12, Mayor Tim Keller officially announced that he is running for a third 4 year consecutive term. He did so by issuing a press release and a video. You can view the one minute video here. Following is the  Keller press release:

Mayor Tim Keller Announces Bid for Reelection and to Keep Fighting for Albuquerque

                       Tough times require strong, consistent leadership

ALBUQUERQUE, NM—Mayor Tim Keller has officially announced his candidacy for another term as Mayor of Albuquerque, aiming to strengthen efforts in tackling crime, revitalizing the city, and delivering lasting solutions to homelessness.

“At City Hall, we are relentless problem solvers, tackling Albuquerque’s toughest challenges head-on every day. We hear your concerns about long-standing local issues, compounded by the turmoil from Washington, D.C. That’s why now, more than ever, Albuquerque needs an experienced fighter who will protect its future—and that’s why I’m running for reelection.”

In these challenging times, the next four years must be about standing up for our city, uniting our community against division, and taking bold action to help those in need—getting people off the streets, out of addiction, and into stable housing. We must make every corner of our city safer from gun violence through technology and intervention. By building on the real progress we’ve made, I am committed to driving meaningful change and ensuring a brighter future for Albuquerque for generations to come.

Under Mayor Tim Keller’s visionary leadership, Albuquerque has moved forward on addressing the long-standing challenges that have held back our city for decades:

• Crime Reduction: When Mayor Keller took office, crime was rising across the board, and officers were leaving the force. Today, under his leadership, crime rates are declining, the police force is being rebuilt, and the department is nearly finished with DOJ-mandated reforms. Additionally, the Albuquerque Community Safety (ACS) Department has helped free up police resources, enabling faster emergency response. We remain committed to ensuring every street in our city is safe.
• Homelessness: When Mayor Keller took office, Albuquerque had no city permanent shelter beds for the unhoused. Last year, his administration delivered a breakthrough, opening the Gateway System, which shelters 1,000 people each night. Now, Mayor Keller is doubling down by expanding housing units to get even more people off the streets.
• Visionary Revitalization: Seven years ago, there was no clear vision for Downtown, the Railyards, or expanding family-friendly activities. Today, that has changed. The CNM Railyards Media Academy is set to bring hundreds of students into the heart of our city every day. Downtown is experiencing a revival, with new restaurants, hotels, and vibrant developments. The Rail Trail will soon connect Albuquerque’s historic neighborhoods through a scenic pedestrian parkway that celebrates our city’s rich diversity. Meanwhile, Netflix continues to grow, employing thousands of local residents and solidifying Albuquerque’s place in the film industry.
• Financial Help and Housing for Families: Combined with nearly 3,000 new housing units, Mayor Keller led efforts to revamp regulations to make it easier to build casitas, renovate office buildings and convert old hotels into housing. Mayor Keller has built a system of support for families— from banking services to emergency food and clothing, to rental assistance and renter projections.

“Albuquerque has fought too hard for progress—we can’t let anyone take that away from us. We must continue to fight to make our city the place we know it can be–for all our families,” says Mayor Keller.

Mayor Keller is running a publicly financed campaign, ensuring he remains fully accountable to all the people of Albuquerque—not special interests. Residents can support his campaign through seed money donations of up to $250, showing that Albuquerque’s future is not for sale”

Mayor  Tim Keller is 47 and he was born and raised in Albuquerque. He  is a graduate of St Pius High and has an MBA from Harvard. His wife, Elizabeth Kisten Keller, holds a PhD and works in policy analysis at Los Alamos National Labs. The couple are raising two young children.

OTHER CANDIDATES

At least 5 other candidates have announced and have  said they are running for Mayor. They are:

1. Mayling Armijo, Democrat and  former deputy county manager for Sandoval County. Albuquerque native Mayling Armijo is focused on tackling crime. Her experience consists of working as economic development director for Bernalillo County, the deputy county manager for Sandoval County and with the New Mexico Economic Development Department.
2. Eddie Varela (72) a Republican retired firefighter. Varela said he wants to restore public safety, rebuild trust in the government and revitalize the economy.
3. Eddy  Aragon, a Republican conservative radio talk show host. Aragon ran for Mayor 4 years ago and came in third. He has told news outlets he is running but he has not registered as a candidate with the City Clerk as yet. Aragon is an extreme, right-wing conservative. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike.
4. Republican Patrick Sais, (57) is listed on the City Clerks web site as running, but he has yet to formally announce.  He ran for election to the New Mexico House of Representativesto represent District 26 in 2024  and  lost in the general election on November 5, 2024. He is a small business owner, retired truck driver and school bus driver and he went to Albuquerque High School.
5. Republican Darren White controversial former Bernalillo County Sheriff and former  City Chief Public Safety Officer who “retired”  from the city after he interfered with an APD  investigation of his wife involved in an accident.

 COMMENTARY AND ANALYSIS

Mayor Tim Keller is heavily favored for election to a unprecedented third consecutive 4 year term. However, with at least  five  candidates running, its very likely there will be a run off if none of the candidates secure 50%, but that’s assuming all make the ballot and collect the required 3,000 qualifying nominating signatures.  We can expect a brutal battle between highly progressive Democratic Mayor Tim  Keller and  MAGA extremists Eddy Aragon and Darren White who will try and force a runoff.

KELLER’S POWER OF INCUMBANCY

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  Mayor Keller.

KELLER’S BIGGEST PROBLEMS

Keller is favored to win despite 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 OF FAILURE

The biggest problem Keller has for his re-election is that during his two terms, he has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. His failure as Mayor is the likely reason there are 5 candidates running against him. Thus far the candidates running against Keller state the obvious problems the city is facing such as crime is out of control  and the homeless have taken over the city  but they offer no real solutions. Keller did the exact same thing when he ran for mayor the first time seven years ago, but now he must run on his own record.

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. APD ranks number one in police killings of citizens in the top 50 largest cities in the country.

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.  Keller has literally thrown money at the problem. 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 with 14 APD Officers implicated and 3 who have been federally charged and who have plead guilty to federal bribery and conspiracy charges involving the dismissal of hundreds of DWI cases for bribes. The former APD officers face up to 130 years in prison. 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 spent over $300 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,  as the unhoused refuse services and as they take over our streets.

The $300 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 he 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 amendments 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 attorney’s fees of the defending developer when before both sides would assume their own attorney fees and costs.

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.

FINAL COMMENTARY

Simply put, Albuquerque needs a new Mayor. Keller is completing 8 years as Mayor and he is still struggling with the very issues he dealt with 8 years ago: high violent crime rates, drugs, the homeless and a corrupt APD. Things have not gotten any better under his leadership and some would say we are even  worse off today than we were when he was first elected in 2017.

The problem is those running do not have the credentials, or the gravitas to be Mayor and they are more interested in hyperbole and disruption, much like Donald Trump.  Darren White and Eddy Aragon are two such candidates who are more mouth than substance.

Eight years of Tim Keller as Mayor has been more than enough. But those who are running against him now will likely be even worse.  Some may not even make it on  the ballot by not collecting the 3,000 required nominating  signatures and more likely will not secure the required 3,000 five dollar donations for public finance. They do not have the gravitas to be Mayor meaning understanding the seriousness of purpose of being Mayor, background, credentials and the importance of manner causing a feeling of respect and trust from others.

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, either under Keller or one of the others now running, and we will only have ourselves to blame.

The Exploratory Period for Mayor began on March 3, 2025 and ends on April 19, 2025. Hopefully, better qualified candidates will emerge. The 2025  municipal  election is scheduled for Tuesday, Nov. 4 and the offices of Mayor and 5 city council races will also be on the ballot.

The postscript below gives the dates and deadlines to run for Mayor. 

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POSCRIPT

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

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 the list of violent crimes where juveniles can be charged as adults and as a “serious youthful offender” to make sure violent teen suspects are held accountable for those crimes. 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.

On March 6, the House Consumer and Public Affairs Committee debated a slimmed-down version of House Bill 134  and voted 4 to 2 to table the legislation thereby killing the bill.  With the 4 Democrats voting in favor of halting the legislation from advancing it means it’s unlikely the bill will be revived before the session ends March 22.

The proposal was stuck in committee for weeks. Republican State Representatives Andrea Reeb , one of the sponsors of the bill said this:

“I’m disappointed, frustrated. I pre-filed this bill before the session even started. I wanted to give it the biggest chance to get across the finish line. I was assigned to CPAC, which we generally know is the kill committee and I did my first presentation. They had a lot of concerns. I edited the bill and then I just could not seem to get the bill heard. … I was pretty much told by the chair it wasn’t going to be heard. Then, I finally, for some unknown reason, I ended up getting the bill scheduled [for hearing]. So, that was the first time we actually had been able to present the bill with our changes and all the stakeholders that we brought into it.”

Crime, juvenile violent offenders in New Mexico are really what I feel is the biggest problem we’re facing right now with crime. So, what this did was just literally deal with two parts. It took what we call serious youthful offenders. And it added where [it] used to be just first-degree murder. We [added] …  second-degree murder …  armed robbery …  shooting at or from a motor vehicle … causing great bodily harm … [and]  involuntary manslaughter. And we lowered the age from 15 to 14 because, as you know, we’re having way younger offenders that are shooting and killing people.”

Bernalillo County District Attorney Sam Bregman had advocated for an overhaul of New Mexico’s juvenile criminal code since October.  DA Bregman’s original plan included 36 changes to New Mexico’s juvenile justice laws, all meant to increase the consequences and accountability for violent teen suspects.

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.”

BACKERS LEFT DISAPPOINTED AND FRUSTRATED

The 4-2 party-line vote to kill House Bill 134 upset its backers. Bernalillo County District Attorney Sam Bregman said this:

“I’m disappointed and frustrated the Legislature is unwilling to update the children’s code to reflect what’s happening on the streets of Albuquerque and New Mexico. … Apparently the Legislature is OK with the status quo … I’m certainly not.”

House Bill 134, is one of several public safety measures that Governor Michelle Lujan Grisham had urged lawmakers to pass during this year’s session.  Governor Lujan Grisham last month signed a crime package that included provisions dealing with school shooting threats, fentanyl trafficking and drugged driving, but the package did not include increased penalties for youthful offenders convicted of crimes like armed robbery and drive-by shootings. The crime package was criticized for not including juvenile justice reform.

During the March 6 meeting of the House Consumer and Public Affairs Committee, several Democratic lawmakers expressed concern about extending criminal penalties for juvenile offenders into adulthood.  Representative  Andrea Romero, D-Santa Fe, cited improved rehabilitation rates for juvenile offenders compared to adults and said this:

“We’re talking about detaining and committing children.”

But backers of the legislation cited statistics showing juvenile crime rates have increased in recent years, even while FBI crime data shows a recent statewide decrease in overall violent and property crime in New Mexico. Troy Gray, a deputy district attorney in charge of juvenile crime in the Bernalillo County District Attorney’s Office, told members of the committee there was a 57% increase in cases involving juvenile criminal defendants from 2022 to 2023.

Representative  Andrea Reeb, R-Clovis, a prosecutor herself, said this:

“Everybody in this room knows what’s happening with juvenile crime. …We have 13-year-olds committing murder.”

It was Rep. Reeb who scaled down the bill from its initial version in hopes of making it more palatable.  Reeb said the measure’s two Democratic co-sponsors Reps. Art De La Cruz and Cynthia Borrego, both of Albuquerque,  backed away from the legislation during this year’s session. Neither of the two joined Reeb and Rep. Nicole Chavez, R-Albuquerque, in presenting the bill during the March 6 committee hearing.

Representative Reeb and Chavez acknowledged the tabling of the bill in committee means  it’s unlikely to pass both legislative chambers before adjournment. Reeb said this:

“It could very well be too late [for this session], but we’re not going to stop trying.”

Representative Chavez, whose son was killed in a drive-by shooting in 2015, described the committee vote as a “kick to the stomach” and said this

“This is my journey for ten years now. We have been asking to address juvenile crime and hold the most violent juveniles accountable. New Mexicans are saying that we are at a crisis and it’s time to take action. The fact that it sounded like all the committee members were doing was making excuses for the juvenile’s violent actions and coddling the criminals instead of holding them accountable and forgetting about the victims across the state that are losing their children and their loved ones to violent crime was disheartening

Numerous crime-related bills have been assigned during this year’s session to the House Consumer and Public Affairs Committee. While some measures have passed, many others have stalled in committee, and a total of 56 bills were pending in the committee as of March 7.

Republican Representative John Block of Alamogordo  accused the House  majority Democrats of passing “weak sauce” crime legislation. Block said this:

“It’s a shame because some people would rather just see the problem continue while other people want to actually solve it.”

On March 7, Governor Lujan Grisham said she was disappointed that  House Bill 134,  will not make it to her desk.  However she remained hopeful lawmakers might address juvenile violence in other proposals. Lujan Grisham said this in a statement:

“New Mexicans are demanding juvenile justice reform, and I urge lawmakers to answer their call.”

https://www.abqjournal.com/news/article_85c6883a-fb81-11ef-9406-fb1d9974aeef.html#tncms-source=home-featured-7-block

https://www.kob.com/news/top-news/juvenile-justice-reform-bill-remains-stuck-at-starting-line/

https://www.koat.com/article/new-mexico-juvenile-crime/64097861

COMMENTARY AND ANALYSIS

The failure of House Bill 134 to receive approval by the House Consumer and Public Affairs Committee is as about as disappointing as it gets.  The proposed update of the Children’s Code of adding  violent crimes to allow juveniles teens  to be charged as  “serious youthful offender” to make sure violent teen suspects are held accountable for those crimes was reasonable and measured. It was an acknowledgement of a crisis that needs to be dealt with.  Instead, the committee simply ignored what is going on with teens committing adult violent crimes and leaving no real options to secure justice for victims of violent crime.

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 teens committing adult violent crimes, this was the year to do it. Instead,  the legislature looks the other way and pretends there is no problem and kicks the can down the road.

It has been reported that on March 6, the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of prominent DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The State Bar Disciplinary Board oversees all investigations of misconduct by attorneys. According to state law, an attorney’s law license may be suspended when the disciplinary counsel is investigating that attorney for an alleged violation of the Rules of Professional Conduct. The petition was filed by Chief Disciplinary Counsel Anne L. Taylor.

The petition alleges that Defense Attorney Rudolph “Rudy” Chavez  was the  second attorney involved in the  long-running racketeering, bribery and conspiracy DWI Enterprise to dismiss DWI cases in which New Mexico law enforcement officers from the Albuquerque Police Department, the Bernalillo County Sherriff’s Office and the New Mexico State Police accepted bribes to ensure drunken driving offenders they arrested were never convicted, and in some instances, never formally charged.

The New Mexico Supreme Court filed a notice requiring defense attorney Rudolph B. Chavez to respond by March 17 to the  petition which is seeking that he be suspended from the practice of law until further notice of the court. Chavez has not been criminally charged as part of the federal prosecution. Thus far, the federal prosecution has resulted in guilty pleas from three former APD police officers and a former Bernalillo County Sheriff’s deputy. Also pleading guilty to all charges filed are longtime Albuquerque criminal defense attorney Thomas Clear III, and his investigator Ricardo “Rick” Mendez.

After Clear pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on February 12, the New Mexico  Supreme Court began formal  proceedings to disbar him permanently  from the practice of law. On March 11, Clear was officially  disbarred by the New Mexico Supreme Court.

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/attorney-at-center-of-dwi-scheme-officially-disbarred/

CONNECTING THE DOTS  IN PLEA AGREEMENTS AND CHARGES FILED

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

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

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

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

Honorio Alba Jr  conducted a DWI stop of Zachary Williams on a Sunday night in April 2023.  At that time of his arrest by Honorio Alba Jr., Zachary Williams already had two DWI convictions on his record. Because of the arrest he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges filed by Alba. Zachary Williams said that he paid Rudolph “Rudy” Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with. Williams said that Chavez told him the price was that high because it was his third DWI.  Zachary Williams  said he was dressed in a suit in January 2024  to go to court for trial but was told by Chavez his case was dismissed the day of trial with no real explanation as to why. According to court documents, the decision to dismiss  was “in the interest of justice.”

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

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

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

To date, more than 200 DWI cases have been dismissed because they were filed by  Albuquerque Police Officers, a Bernalillo County Sheriff Deputy and a New Mexico State police officers all implicated and under investigation as part of the FBI’s continuing investigation of the criminal DWI Enterprise scheme.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/investigations/second-new-mexico-defense-attorney-implicated-in-dwi-scheme/

https://www.kob.com/new-mexico/albuquerque-metro/plea-agreements-in-dwi-scandal-implicate-defense-attorney/

https://www.abqjournal.com/news/article_9be648f2-fddf-11ef-abc9-9fa04268e083.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, the law enforcement officers  would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews or scheduled court hearings. They 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 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. There is no charge if a person qualifies and is defended by the Public Defender’s Office.

The corruption score card  thus far is as follows:

• Eighteen  cops consisting of fourteen APD Officers, three  BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
• Three APD officers and one BCSO Deputy plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face between 70 to 130 years in prison.
• Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.

COMMENTARY AND ANALYSIS

There is 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 to the core with law enforcement officers from the state’s three largest law enforcement agencies of APD, BCSO and NMSP being involved.

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

No civic or business organization is demanding the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina “pivot, deflect and blame” all others for what has happened with APD under their tenure. Mayor Keller for his part smugly grins as he prepares confidently to run for a third term. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm, not the exception and tolerated.

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

On February 25, the New Mexico House of Representatives voted 41-27 to approve House Bill 12 that  makes  several changes to New Mexico’s Red Flag Law which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others.  House Bill 12 clarifies that law enforcement officers can directly initiate a court petition 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. Under the current law, spouses, parents, children and employers are among the parties who can ask law enforcement agencies to file a court petition.  The legislation would also require firearms to be relinquished immediately upon a judge’s order, instead of within 48 hours.

On March 9,  House Bill 12  passed the Senate Health and Public affairs committee  and will now be heard by the Senate Judiciary Committee chaired by Democrat Joseph  Cervantes of Las Cruces with spirited debate expected and strong opposition by Republicans.

Democrat State Representative Christine Chandler, D-Los Alamos, one of the measure’s sponsors, said this:

“There’s an ambiguity in the law that we’re trying to address.”

Backers of the change say the 48-hour requirement puts law enforcement officers and others, including the subject of the order, at increased danger. Several law enforcement officials testified in support of the changes during committee hearing, including State Police Deputy Chief Carolyn Huynh, former Taos County Sheriff, who said this:

“I think we should all agree that certain people shouldn’t have firearms or have access to firearms.”

Critics of  House Bill 12 raised concerns about rogue law enforcement officers possibly abusing their expanded authority under the bill, while also renewing critiques about the underlying law itself. Anthony Sergura of the New Mexico Shooting Sports Association said this:

“Such drastic measures not only infringe on the rights of law-abiding citizens, they also infringe on due process.”

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

LAW INFREQUENTLY USED UNTIL RECENTLY

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was used infrequently in the two years following its 2020 approval. But utilization of the law increased over the last two years as law enforcement officers have received more training on its workings.

New Mexico had the nation’s third-highest gun death rate as of 2022, behind only Mississippi and Louisiana, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from 3 petitions in 2021 to 90 petitions last year, said Rep. Joy Garratt, D-Albuquerque. Of those 90 petitions, 86 were ultimately granted by a judge, she added.

However, the number of gun-related homicides and suicides in New Mexico decreased in 2023 compared to the previous year, according to data from the state’s Office of the Medical Investigator.

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

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_f70c71a8-d449-11ef-b059-d7bb40f5b874.html?fbclid=IwY2xjawIHrOlleHRuA2FlbQIxMQABHSowa_mASp4_O9v3fSgu74qZ_ITfv1E1yS5pYHkbueJZ0-Zi7HWVEy18Gg_aem_5Z0wuLwnLWUjHxxv2iJoRg#tncms-source=home-featured-7-block

NEW MEXICO’S RED FLAG LAW

It was on February 25, 2020 that Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. New Mexico’s  “red flag law”  allows everyday citizens, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others.

The action is civil in nature and it is not a criminal action. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs).

Under New Mexico’s “red flag law”, if a judge after an evidentiary hearing finds that a person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is  not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by the “Red Flag” Law Enforcement Task force that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

• 2020:   4
• 2021:  3
• 2022: 14
• 2023: 46
• 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants agreed with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

LAW ENFORCEMENT OPPOSITION SUBSIDES

New Mexico sheriffs  fiercely opposed the law when it was enacted. Many went so far as to vow never to enforce it  arguing it violated individuals’ second amendment  constitutional right to bear arms. Since its enactment in 2020,  many law enforcement agencies have  grown comfortable with the law.  Several top New Mexico State Police officers joined  bill sponsors on the House floor and testified in favor of the legislation  as expert witnesses.

Republican representatives brought up fundamental concerns about the law, while also seeking unsuccessfully to amend the proposed legislation. Republican Representative Stefani Lord, R-Sandia Park, pointed out during the floor debate the state does not allow vehicles to be seized from individuals receiving treatment for alcohol addiction. Lord said this:

“We do not allow due process [with this law] before someone’s property is taken from them.”

Democrat State Representative Art De La Cruz, D-Albuquerque, pushed back during the floor debate against Republican questions about rogue law enforcement officers possibly abusing their expanded authority under the bill. De La Cruz said this:

“I feel dismayed that we feel confidence in our law enforcement when it’s convenient, and not so much confidence when it’s not convenient.”

Backers said that change would eliminate a potentially dangerous waiting period created by the original law, which Rep. Christine Chandler, D-Los Alamos, described as “illogical.”

The  vote in the House of Representatives broke down largely along party lines. Rep. Joseph Sanchez of Alcalde was the only Democrat to vote against the measure. All House Republicans also voted in opposition.

The bill now advances to the Senate with just over two  weeks left in this year’s 60-day legislative session.

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

COMMENTARY AND ANALYSIS

New Mexico’s red flag gun law continues to generate heated debate nearly five years after its 2020 approval.

Democrats have a commanding 43-26 majority in the House and a 26 to 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.

There’s still time for the legislation to clear the Senate before reaching the governor’s desk. The Senate Judiciary Committee should vote to approve House Bill 12 and forward it to the full  Senate for final approval and forward it to the Governor signature

On March 6, former Cabinet Secretary of the Department of Public Safety,  Former Bernalillo County Sheriff and former Albuquerque Chief Public Safety Officer Darren White announced that he is running for Mayor of Albuquerque. White made the announcement by uploading a slick campaign video to the social media website X. White called himself a fiscal conservative and vowed to crack down on crime and the homeless in Albuquerque. White said he plans on using public financing to fund his campaign. Upon collecting the 3,780 verified qualifying $5.00 donations, a qualifying candidate will be given $755,946.00 by the city in public financing. Republican Darren White announced he has been endorsed by Republican City Councilors Dan Lewis, Renee Grout and Dan Champine.

White joins a growing field of candidates with a vow to be a “proven leader,” “tough on crime” and a “champion for change.”

In his announcement, White asserts that there have been 660 murders during Keller’s years in office, that an alarming number of businesses have had to close down because of crime and that Keller has made Albuquerque a “sanctuary city.” White proclaims  in his announcement:

“Mayor Keller has presided over the most murders in Albuquerque’s history. His weak approach to crime and homelessness has failed and it’s time for change.”

In a fund raising letter, White falsely proclaims this:

“One of Keller’s first acts as Mayor was too make Albuquerque  a Sanctuary City for illegal immigrants who commit crimes. Now we have case after case of violent crimes being committed by illegal immigrants, many of who have been arrested multiple times but turned back onto the streets by this Mayor’s backward policies. As Mayor, I will end the Sanctuary City law immediately.”

Albuquerque is not a “Sanctuary City” as White mouths off. A “Sanctuary City” is a jurisdiction that prohibits local  law enforcement  from assisting  with federal immigration arrests and enforcing immigration laws leaving that work exclusively  to U.S. Immigration and Customs Enforcement (ICE).

“Immigrant Friendly”  cities on the other hand enact policies that are favorable to undocumented people to allow services and its local  law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws.

It was in 2001, long before Keller became Mayor, that the city council  declared the city to be an “Immigrant-Friendly City”  by City  Council ordinance originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District. The ordinance declares the City Of Albuquerque  to be an Immigrant-Friendly City. It establishes City Of Albuquerque policies regarding immigrants and their families, regardless of immigration status and establishes  a city  immigrant resource program.

https://cabq.legistar.com/LegislationDetail.aspx?ID=1256769&GUID=C68CF8DC-7161-498C-A997-FF2D664B7E0E&Options=ID%7CText%7C&Search=R-2001-009&FullText=1

White said he will provide officers with resources and support they need to take action against homeless encampments after a Supreme Court decision in 2024. White said this:

“The Supreme Court has given cities the authority to clean up these tent cities, but Mayor Keller has refused to do so. That will change when I am elected mayor.”

When White was Chief Public Safety Officer under Mayor Richard Berry, it was he that said it was time to “take the gloves off when dealing with the homeless”  to remove the homeless from downtown Albuquerque.  Three of those arrested later sued the city, which settled the cases for $98,000

http://www.politico.com/magazine/story/2016/12/what-works-albuquerque-homeless-solution-housing-policy-214527

Mayor Tim Keller has established the Albuquerque Community Safety Division Department which employs teams of two trained professionals with experience in behavioral health and crisis intervention. They are dispatched to deal with the unhoused and to get them off the streets and reduce APD police calls for service.  According to Keller, the city does hundreds of sweeps a month to remove homeless encampments.

https://www.cabq.gov/acs/services

DARREN WHITE BIOGRAPHY OF CONTROVERSY

In 1987, White moved to New Mexico and joined the Albuquerque Police Department Academy.  White holds a B.A. in Management from the University of Phoenix and has one son, Darren II.  After his graduation from the APD Academy, White was assigned and served in the department’s Field Services Bureau, Motorcycle Patrol Unit and Crimes Against Children Unit. He reached the rank of Sergeant.  While with APD, White joined the department band “The Force”  as the lead singer with the band  performing in their APD uniforms to school children warning them about the dangers of abusing drugs and  bellowing out in rock style lyrics “Just Say No!”

In 1995, Republican Governor Gary Johnson appointed White to head the New Mexico Department of Public Safety.  At 31, White was the youngest state public safety director in the country. White also chaired Johnson’s cabinet council on crime and corrections.

While serving as secretary of the New Mexico Department of Public Safety, members of the New Mexico State Police Officers Association voted 243 – 31 “No Confidence” against White. The state police officers accused White of improperly supplying equipment and cars to its officers, which they felt was an officer safety issue.

https://www.police1.com/police-administration/articles/nm-police-have-no-confidence-in-safety-director-nQZQa5iQFpN4EEU3/

White had a very sudden and dramatic  parting of the ways with Governor Gary Johnson over Johnson announcing his support for  the legalization of all drugs.  White resigned in a “puff” as cabinet secretary saying he could never support the legalization of drugs.

WHITE WAS AGAINST POT BEFORE HE MADE MONEY OFF POT

White’s previous public statements and actions against marijuana reform have been extensive. In 2007, when medical marijuana became legal in New Mexico, White was vehemently opposed to it. White said this:

“I’ve never supported medical marijuana. … I’m very sympathetic to the patients – I watched my father die of cancer, and it’s the most difficult thing in the world – but I don’t think you have to smoke marijuana to gain the comfort and relief that’s provided by the THC.”

In 2002, as executive director of Protect New Mexico, White lobbied against both a medical marijuana bill and Johnson’s effort to decriminalize marijuana. When the state Legislature rejected Johnson’s decriminalization bill, White said it was “a victory to our children and our neighborhoods.”

On a 2002 medical marijuana bill, White told the Albuquerque Journal at the time that the issue needed more research.

https://nmpoliticalreport.com/2015/09/02/green-and-white-former-sheriff-wants-in-on-medical-marijuana/

When Republican Governor Susana Martinez became governor, Darren White changed his tune on the legalization of  marijuana  and benefited from a state license he was awarded by the Martinez Administration to sell medical marijuana. White showed what a hypocrite he is when following his career in law enforcement he started his own cannabis dispensary company call PurLife.  He served on the Board of Directors and CEO of Purlife, a medical marijuana distribution company. Despite lobbying against state medical cannabis legalization efforts, White changed his stance on the substance and ran his  medical cannabis company, which sold just before New Mexico legalized recreational use.

SEE  Pure Life Management Group.,  LLC,  Business ID number 5545730  at

https://enterprise.sos.nm.gov/search/business

WHITE THE “NEWSHOUND”

After resigning his cabinet position with Johnson, White joined the news staff at KRQE-TV, Albuquerque’s CBS affiliate. White was a crime reporter at the station for two years. He left the station in 2002 to run for Bernalillo County Sherriff.

https://www.gaar.com/images/uploads/ld-darren_white_bio.pdf

WHITE THE BERNALILLO COUNTY SHERIFF

White was elected Bernalillo County Sheriff in 2002 and reelected in 2006.  As Bernalillo County Sheriff, Darren White helped TruTouch Technologies secure a sole-source contract in the amount of $379,995 to “supply alcohol screening and testing prototype equipment.” White notified the County Commission that “the Sheriff’s Department fully supports the Sole Source contract award to TruTouch Technologies of Albuquerque.” White was also running for US Congress at the time, and received campaign contributions from TruTouch officers during a prohibited time.

https://www.democracyfornewmexico.com/democracy_for_new_mexico/darren-white/

WHITE THE CONGRESSIONAL CANDIDATE

In 2008, White was the Republican nominee for US Congress in New Mexico’s 1st congressional district facing then Albuquerque City Councilman Martin Heinrich. Heinrich defeated White in a landslide with Heinrich elected with 55.5% to Whites 44.5%. White has said in the past that he was a Republican Conservative long before Donald Trump ever was. White has the signature of Ronald Reagan tattoo on his ankle that he is very proud of and is known to show off to others.

WHITE THE ABQ CHEIF PUBLIC SAFETY OFFICER

Simply put, Republican Darren White blew it when he was Chief Public Safety Officer under Republican Mayor Richard Berry and together they did irreparable damage to the city’s safety and the Albuquerque Police Department.

WHITE AS DIRECTOR OF SAFE CITY STRIKE FORCE

In December 2009, White was appointed Albuquerque’s Chief Public Safety Director by Republican Mayor Richard J. Berry. White replaced former Albuquerque City Councilor and Former Chief Deputy District Attorney Pete Dinelli as Chief Public Safety Officer and as  head of the Safe City Strike Force.

White replaced Dinelli, who was a trial attorney, as Director of the Safe City Strike Force which was responsible for taking aggressive action against nuisance property’s and took code enforcement action against both commercial and residential properties that were determined to be magnets for crime.

During Dinelli’s seven  years as Director of the Safe City Strike Force, it took enforcement actions against 6,500 + properties through out the city. The Strike Force cleaned up Central taking enforcement actions against dozens of run down motels along Central and tearing down 8 motels and closing violent bars deemed a nuisance.

The Blue Spruce Bar, the most violent bar in the city at the time, was torn down and  Rusty’ Cork and Bottle was permanently closed. Club 7 on downtown Central was shut down by the Strike Force after an underage child died of an over dose of drugs during a RAVE. The Strike Forced closed down two flea markets on the West side that had become magnets for crime and for fencing of stolen property.

The Strike Force worked because Dinelli was a trial attorney and he had a 100% success rate in court. The program was recognized nationally as a best practice program. The Safe City Strike Force was dismantled by Mayor Richard Berry and Darren White because of demands by the business community sector and slum lords who did not like  aggressive code enforcement that held them accountable. Court cases and condemnations stopped because Darren White is no trial attorney and he did nothing when it came to code enforcement against nuisance properties.

WHITE’S “NO CONFIDENCE VOTE” BY APD

Darren White had no problem with the political  appointment by Mayor Richard Berry of  Republican Gordon Eden as APD Chief. Eden had no experience working within APD an no experience managing a large law enforcement department. When Berry and White first took over APD, it was the best trained, best paid and best equipped in department in its history.  APD had in  December 2009  a total of 1,100 full time sworn police officers, the largest number in its history.

Eden was a poor choice for APD Chief and the Department went into melt down. Under Berry and White’s leadership, APD sworn personnel plummeted and it  hit  low of 850 because they could not keep up with retirements.

Darren White was given  a vote of no confidence from the APD union because he took away the take home vehicle policy for cops  and he stopped the pay increases  negotiated with the union contract. APD moral plummeted under White’s  leadership and he was given a  “No-Confidence” vote  by members of the Albuquerque Police Department union  because White took away take-home car privileges. White also imposed  severe pay cuts he implemented in violation of the police union contract negotiated in good faith by the police union.

https://www.koat.com/article/police-union-to-vote-no-confidence-in-darren-white/5035368

WHITE INSERTS SELF INTO MARY HAN CASE

One of the most disgraceful things Darren White did when he was Chief Public Safety Officer involved APD’s investigation of the 2010 death of prominent Civil Rights and Defense attorney Mary Han who was often at odds with both the Albuquerque Police Department and the Bernalillo County Sheriff’s Department, including when White was Sherriff. Initially, the Office of the Medical Investigator ruled her death a suicide, but her family never bought it.  A few years back, then District Court Judge David Thomson ordered OMI to change the manner of death from “suicide”  to “undetermined.”

When the call was made to APD reporting that Mary Han was found dead in the seat of her car in her garage, then-city Public Safety Director Darren White and his spokesman, T.J. Wilham  dispatched themselves to the scene along with then APD Deputy Chiefs Beth Paiz, Paul Feist,  Allen Banks, then Valley Area Commander Rae Mason, then-City Attorney Rob Perry, and then police crime lab director Marc Adams and four sergeants, including a designated APD spokeswoman. They all dispatched themselves to the scene ostensibly to “investigate” and to view Han’s body. They all were given free access to the scene thereby interfering  with the investigation. An  Attorney General investigation later conducted an investigation of how APD mishandled the investigation  and reached several “principal findings,” including:

1. The large number of APD personnel given access to Han’s home “materially interfered with the investigation process”.
2. “Significant” items were either removed from Han’s death scene or were “otherwise missing,” further complicating the case by thwarting scientific analysis and evidence collection.
3.  A high-ranking APD official made a “precipitous decision” to label Han’s death a suicide before any investigation had been conducted.

The Han family sued the office of medical investigator and succeeded in having Mary Han’s death certificate cause of death change from suicide to undetermined.

WHITE’S RETIREMENT FROM CITY

On July 15, 2011, Darren White announced his “retirement” from the city a little more than a week after he showed up to the scene of a car crash involving his wife where he took her from the scene and then drove her to the hospital.  First responders never gave Kathy White a blood test even though a police report indicates she showed signs of impairment. Darren White released his wife’s urinalysis results that showed a drug screen came back negative. Documents show the test was roughly five hours after the accident which called into question the accuracy the test. Police say that a blood draw is much more comprehensive than a urine test.

White’s retirement came shortly after a City Council meeting in which a five-person committee voted to start compiling a list of outside investigators who could be called on to review White’s actions during his wife’s car accident. White maintained that he did nothing wrong and violated no policies but none the less he retired. The Police Oversight Commission exonerated White of any wrongdoing in the incident later that year.

https://www.koat.com/article/darren-white-retires-from-city-post/5036906

WHITE THE “RACINO MANAGER”

In July 2012, Darren White was appointed as the  New Downs General Manager. According to the Response to RFP submitted by the Downs on August 25, 2011, the General Manager position “has been created in anticipation of the new facility”. In other words, White was given a job that did not previously exist. The Downs General Manager is “responsible for the day-to-day operations of The Downs, including implementing and monitoring policies, establishing and managing the budget, hiring and training the management team, ensuring managers are actively monitoring compliance with all regulatory requirements and providing overall operational support.” 

The problem was Darren White had no gaming management experience when he was named manager. The new Casino had not yet been built so there was nothing to manage. White’s only involvement with the racino before was as a “security consultant” helping the Downs at Albuquerque prepare its response to the RFP. White then briefly worked as the Project Manager at the Downs for the construction of the updated racino.

It has been reported that Darren  White was given the job because of his close personal friendship and association to Jay McCleskey, then Governor Martinez’s political consultant who involved himself in the award of the racinos lease by the state, and his  very close ties to Downs lobbyists/lawyers Pat Rogers and Mickey Barnett. During her first year in office, Republican Governor Susana  Martinez  was alleged to have been involved with a “play to play” controversy involving the award of a $1 Billion-dollar, 25-year, Albuquerque Downs Racetrack contract, dubbed by politicos as “the Dirty Downs deal”.

https://www.abqjournal.com/335335/buster-screwed-us.html

https://www.democracyfornewmexico.com/democracy_for_new_mexico/darren-white/

WHITE THE RADIO TAKE SHOW HOST

For a number of years Darren White  has hosted  a radio talk show on KKOB and has become an outspoken critic of Mayor Tim Keller and the Albuquerque Police Department.

LIKELY CAMPAIGN MANAGER

Confidential sources are saying longtime Republican political operative and consultant Jay McClusky, who is a very close personal friend to Darren White, will likely be involved in White’s race for Mayor, either as manager or as a paid political consultant. McClusky is known for his slash and burn tactics to win at any and all costs. McClusky made a very lucrative living as the campaign manager for Republican Governor Susana Martinez and Republican Mayor Richard Berry. McClusky’s influence over Governor Martinez is legendary as he  was given an office in the Governors Office even though he was not a state employee.  Over the years McClusky has also managed the campaigns of Republican City Councilors and State Legislators. McClusky managed the failed campaign of Bernalillo County Sherriff Manny Gonzales years ago when he ran against Tim Keller and Eddy Aragon.

OTHER CANDIDATES FOR MAYOR

At least 5 other candidates have said they are running for Mayor. They are:

1. Mayling Armijo, former deputy county manager for Sandoval County. Albuquerque native Mayling Armijo is focused on tackling crime. Her experience consists of working as economic development director for Bernalillo County, the deputy county manager for Sandoval County and with the New Mexico Economic Development Department.
2. Eddie Varela (72) a retired firefighter. Varela said he wants to restore public safety, rebuild trust in the government and revitalize the economy.
3. Eddy  Aragon, a conservative radio talk show host. Aragon ran for Mayor 4 years ago and came in third. He has told news outlets he is running but he has not registered as a candidate with the City Clerk as yet. Aragon is an extreme, right-wing conservative. Aragon is known for his sharp tongue approach on his radio programs that alienates both friends and foes alike.
4. Republican Patrick Sais, (57) is listed on the City Clerks web site as running, but he has yet to formally announce.  He ran for election to the New Mexico House of Representatives to represent District 26 in 2024  and  lost in the general election on November 5, 2024. He is a small business owner, retired truck driver and school bus driver and he went to Albuquerque High School
5. Mayor Tim Keller (47) has made it known that he is seeking a third 4 year term but he has yet to formally announce. Voters elected Keller in 2017 and 2021. If he were reelected this fall, he would become the first mayor to win three consecutive terms and the second mayor to win three terms in the current mayoral form of government that was formed in 1974. Martin Chavez won three terms and served from 1993-1997 and 2001-2009

OTHER 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. The fact they are not official candidates as of yet dictates that their past not be discussed. The 3 are:

1. Democrat Jeff Apodaca, the son of former Jerry Apodaca, who ran for the Democratic nomination for Governor.
2. 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.
3. Confidential sources are saying West Side City Councilor Louie Sanchez will run for Mayor thereby forgoing running for a second term on the  city council.

Links to quoted or relied upon news sources are here:

https://www.kob.com/news/top-news/darren-white-to-run-for-albuquerque-mayor/

https://www.koat.com/article/albuquerque-mayor-darren-white-candidate/64077882

https://www.koat.com/article/darren-white-officially-announces-hes-running-for-abq-mayor-koat-albuquerque/64097926

https://nmpoliticalreport.com/2025/03/06/darren-white-announces-run-for-abq-mayor/

 https://www.abqjournal.com/news/article_e7284248-fad8-11ef-a779-573a921208a2.html

COMMENTARY AND ANALYSIS

Mayor Tim Keller is heavily favored for election to a unprecedented third consecutive 4 year term. However, with upwards of five or more candidates running, its very likely there will be a run off if none of the candidates secure 50% plus one of the vote. We can expect a brutal battle between highly progressive Democratic Mayor Keller against a MAGA extremist such as Eddy Aragon or  Darren White.

KELLER’S POWER OF INCUMBANCY

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  Mayor Keller.

KELLER’S BIGGEST PROBLEMS

Keller is favored to win despite 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 OF FAILURE

The biggest problem Keller has for his re-election is that during his two terms, he has been a major failure if not an outright disaster when it comes to city management, policy and addressing the city’s complex problems. His failure as Mayor is the likely reason there will be as many as 6 candidates running against him. Thus far the candidates running against Keller state the obvious problems the city is facing such as crime and the homeless but offer no real solutions. Keller did the exact same thing when he ran for mayor the first time seven years ago, but now he must run on his record.

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. APD ranks number one in police killings of citizens in the top 50 largest cities in the country.

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 with 14 APD Officers implicated and 3 who have been federally charged and who have plead guilty to federal  bribery and conspiracy charges involving the dismissal of hundreds of  DWI cases for bribes. The former APD officers face up to 130 years in prison. 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 spent over $300 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 as the unhoused refuse services.

The $300 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.

FINAL COMMENTARY

Simply put, Albuquerque needs a new Mayor. However those running do not have the credentials, or the gravitas to be Mayor and they are more interested in hyperbole and disruption, much like Donald Trump.  Darren White and Eddy Aragon are two such candidates who are more mouth than substance.

Eight years of Tim Keller as Mayor has been more than enough. But those who are running against him now will likely be even worse.  They do not have the gravitas to be Mayor meaning understanding the seriousness of purpose of being Mayor, background, credentials and the importance of manner causing a feeling of respect and trust from others.

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, either under Keller or one of the others now running, and we will only have ourselves to blame.

The Exploratory Period for Mayor began on March 3, 2025 and ends on April 19, 2025. Hopefully, better qualified candidates will emerge. The postscript below gives the dates and deadlines to run for Mayor.  The 2025  municipal  election is scheduled for Tuesday, Nov. 4 and the offices of Mayor and 5 city council races will also be on the ballot.

____________________________________________

POSCRIPT

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 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