On Friday night March 21, in Las Cruces, New Mexico, at around 10:00 p.m., upwards of  200 young people, mostly teenagers, gathered at the Young Park near Lohman Avenue and I-25 for an unsanctioned, impromptu car show.  A gun battle broke out between two groups with a history of problems with each other. The random gunfire killed a 16-year-old boy and two young men ages 18 and 19. Fifteen others were injured, between the ages of 16 and 36.

The Las Cruces Police Department (LCPD) and  Las Cruces Fire Department first responders arrived on the scene and began treating people immediately while trying to deal with the chaos at the crime scene. Many of the injured were driven to local hospitals. Several of the most seriously injured were taken to University Medical Center in El Paso. Four people were treated at hospitals and released.

Las Cruces law enforcement cordoned off the crime scene, where the asphalt was littered with more than 50 to 60  bullet casings from multiple handguns. Las Cruces police said most of the shots appear to have been fired from the parking lot.  Las Cruces Police Officials said one individual shown carrying an AR-15-style rifle in an image circulating widely on social media had been interviewed by police but it  was found the person was  not involved. All shell casings found at the crime scene were found to have come from hand guns and not AR-15-style rifle.

LAS CRUCES POLICE HOLD PRESS CONFERENCE

On Saturday morning March 22 Las Cruces Police Department Chief Jeremy Story held a news conference where he discussed what happened. Chief Story said his department has had problems in the park before. He said unsolicited car shows at the park have brought crime problems in the past. Chief Story said this:

“That area’s been trouble with crime more so in recent years. They’ve kind of ebbed and flowed, partly with weather and other things. They’ve become an issue and dealt with, done some projects, they become less of an issue and then they pop back up again. Definitely a problem.

“If they were just gathering and nothing was occurring that was illegal, I have no problem with that. The problem is, what tends to occur is a lot of illegal behavior with the vehicles and then also, in this case, there were firearms throughout this entire event. Some that were used in the shooting and just people with firearms willie-nilly”

Chief Story said the Las Cruces Police Department did not have a presence at the park at the time because the department did not have the units available and that his department is short staffed. Chief Story said this:

In a perfect world where I had 220 police officers like I’m supposed to, it probably would have been different last night, but I had no units available for most of the night prior to the shooting.

Chief Story promised a “thorough, meticulously documented investigation” and vowed to apprehend all parties responsible for the shooting and he said this:

“This senseless act is a stark reminder of the blatant disregard people in New Mexico have for the rule of law and order. It’s also a reminder of the utter lack of fear and accountability in New Mexico. … Our next focus is the apprehension of those involved and those responsible for this atrocity. We will find each and every one of them and we will hold them accountable to the criminal justice system.”

The FBI, ATF, NMSP, and the Doña Ana County Sheriff’s Department are also helping in the investigation. Police are asking anyone with video or photos to send it to them.

Links to quoted or relied upon news sources are here:

https://www.krqe.com/news/crime/3-teens-dead-in-las-cruces-park-shooting/

https://www.koat.com/article/las-cruces-mass-shooting-what-we-know-so-far/64261018

https://www.abqjournal.com/news/article_37ec3df7-af6d-49d7-a2d5-db393e41d56f.html#tncms-source=home-featured-7-block

ONE ADULT, 3 TEENAGERS CHARGED WITH MURDER

On Sunday, March 23, the Las Cruces Police announced the arrests of one adult male and three teenagers allegedly responsible for the mass shooting at Young Park that resulted in the killing of  3 people and injuring 15. All four are in custody and each are facing three open counts of murder.

According to news reports, jail records reveal that Tomas Rivas, 20, was booked into Doña Ana County Detention Center at around 2:50 a.m. early Sunday morning and  is being held without bond. According to jail records, Rivas was arrested at a residence on the north side of Las Cruces. Court records show Rivas has no prior criminal record in New Mexico. Rivas has been charged with three counts of first-degree murder.

Las Cruces Police said that two 17-year-old boys and one 15-year-old boy, unidentified because they are minors, have been jailed  in the juvenile section of the Doña Ana County Detention Center. The arrests of the second 17-year-old and the 15-year-old were announced Sunday afternoon, hours after police announced the arrest of Rivas and the first 17-year-old.

Las Cruces Police did not say how the suspects were identified nor whether additional suspects or persons of interest were being sought.

The link to the relied upon news sources are  here:

https://www.kob.com/news/top-news/three-killed-in-las-cruces-shooting/

https://www.abqjournal.com/news/article_5c9f94d9-7905-4200-b271-73c3e0624bbf.html#tncms-source=home-featured-7-block

GOV. LUJAN GRISHAM ISSUES STATEMENT

On Saturday March 22,  Governor Michelle Lujan Grisham issued the following statement regarding the mass shooting:

“I am heartbroken and horrified by the mass shooting Friday night at Young Park in Las Cruces. Three people are dead and at least 15 others were wounded in this senseless act of violence. My heart goes out to the victims, their families, and the entire Las Cruces community during this unimaginably difficult time.

The indiscriminate nature of this shooting is both shocking and unacceptable, but sadly not surprising. This violence tears at the fabric of our communities and leaves wounds that may never heal.

I am mobilizing state resources to support local law enforcement in their investigation. If you have any information, particularly video or images that could help identify those responsible, please come forward and contact the Las Cruces Police Department immediately.

The disturbing rise in violent crime in Las Cruces—which has increased by 46 percent compared to last year—demands immediate and sustained attention. This is not merely a statistic; these are our neighbors, our children, our future.  

The devastating loss of Officer Jonah Hernandez in Las Cruces last year, and now this mass shooting, underscore the legislature’s years-long failure to address the crime crisis shattering lives and communities in our state. New Mexicans are heartbroken, and they should also be outraged that their legislature will adjourn today without having a passed a single bill to address juvenile crime or ban assault weapons. Their inaction is appalling and unacceptable.  

The public should demand that the New Mexico Legislature—and all public officials in our state—acknowledge New Mexico’s crime crisis and prompt them to act immediately to protect our communities. The legislature should expect a special session to address our ongoing public safety crisis.

I remain committed to working across all levels of government and with community partners to implement comprehensive solutions that address the root causes of gun violence while providing our law enforcement with the resources they need to protect New Mexicans.”

The link to the Governor’s statement is here:

https://www.governor.state.nm.us/2025/03/22/gov-lujan-grisham-statement-on-las-cruces-mass-shooting/

GOVENOR LUJAN GRISHAM SUGGESTS SPECIAL SESSION

On Saturday March 22, during a news conference, Governor  Michelle Lujan excoriated lawmakers for not passing bills dealing with juvenile crime during this year’s 60-day session, saying she would likely call the Legislature back for a special session in the wake of a shooting in Las Cruces that left multiple people dead. She went so far to  say she would likely call the Legislature back into special session to address juvenile crime.

In her interview, Governor Lujan Grisham described  herself as angry, frustrated and grieving.  She vowed to hold accountable the perpetrators of the mass shooting.   She criticized Democratic lawmakers for their failure to enact legislation increasing criminal penalties. Lujan Grisham said this:

“They promised a lot more in this session on public safety. … The longer we wait, the more victims we have. … Accountability is missing in New Mexico and has been for quite some time.”

The Governor said she had not decided for certain when she might call lawmakers back to Santa Fe.  She said the decision would be made after taking time to process the Las Cruces tragedy and assist the families of the victims.

House and Senate Republicans also called  on the governor to call a special session on violent crime saying their proposals on the issues were rebuffed by Democrats during the session. House Minority Whip Alan Martinez, R-Bernalillo, said this during a Saturday March 22  news conference:

“Republicans made attempt after attempt to pass meaningful crime legislation, but we were blocked at every turn.”

House Speaker Javier Martínez, D-Albuquerque, took strong exception to the Republican accusation saying Democratic lawmakers had approved legislation aimed at addressing deeply rooted societal issues that contribute to juvenile crime. House Speaker Martínez cited a bill creating an outside oversight office for New Mexico’s troubled Children, Youth and Families Department. Martínez said this:

“You cannot talk about juvenile crime without ensuring that this state steps up and shows up for those children who are in situations where they are struggling.”

Martínez said Democratic lawmakers had stood firm against proposals to lock up youthful defendants and treat them as if they were “disposable.”

As for the possibility of a special session, Speaker  Martínez said legislators would try to work collaboratively if such a session is called and cautioned that rushing such a session without ample time for negotiations could lead to a “waste of taxpayer dollars” and a “waste of people’s time.”

https://www.abqjournal.com/news/article_19aa141e-c90a-43b8-91e4-44882b0aa045.html

https://sourcenm.com/briefs/gov-lujan-grisham-castigates-legislature-in-aftermath-of-las-cruces-shooting/

RECALLING LEGISLATION THAT PASSED AND FAILED DURING 2025 SESSION

On February 27 Governor Michelle Lujan Grisham signed into law the Omnibus Crime Package. The crime package passed by lawmakers is House Bill 8.  House Bill 8, is a compilation of six different bills that were consolidated into a single bill. It includes provisions dealing with fentanyl trafficking and increasing sentences for trafficking fentanyl. It includes grouping together the sentences for four different crimes related to stealing motor vehicles. It allows police officers to test someone’s blood for drugs or alcohol if they refuse to take a breath test and the police have probable cause to believe they committed a misdemeanor. It also includes outlawing the devices used to convert semi-automatic firearms into fully automatic weapons. It makes changes to how New Mexico handles criminal defendants deemed incompetent to stand trial and adding a dangerousness evaluation in such cases and giving judges more options for treatment programs.

Despite the urging from Governor Lujan Grisham, few other public safety bills were approved during the final weeks of the 2025 session as several bills dealing with juvenile crime either stalled in committee without any hearings or were simply voted down by lawmakers. A proposed assault weapon ban died without a hearing in a Senate committee. Lawmakers did approve an expansion of the state’s red flag gun law that Lujan Grisham is expected to sign.

Among the more notable measures dealing with  crime and public safety that failed to be enacted during the 2025 New Mexico legislative session include the following:

• An Assault weapon ban.
• Pre Trial detention making it easier to hold defendants charged with violent crimes in jail without bond pending trial with a presumption of being violent.
• Repeal firearm sale waiting periods.
• Make fentanyl trafficking a first-degree felony punishable by a life sentence.
• Increase penalties for felons convicted of firearm possession.
• Reform of the juvenile criminal justice system.

The link to the relied upon news source is here:

https://www.abqjournal.com/news/article_23015778-029f-11f0-b5cd-9b9e229895ca.html

2025 LEGISLATURE FAILS TO REFORM JUVENILE JUSTICE

The biggest disappointment of the 2025 New Mexico Legislature was its total failure to update the juvenile criminal justice system as it is embodied  in the Children’s Code to deal with teens committing adult violent crimes.

Beginning in October of last year, and up and through the 2025 New Mexico Legislative session, Bernalillo County District Attorney Sam Bregman  aggressively advocated and lobbied the New Mexico legislature for an overhaul of New Mexico’s juvenile criminal code. 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.

The three biggest changes to the Children’s Code and Delinquency Act District Attorney Bregman suggested were:

1. Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.

 

2. Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.

 

3. Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun” to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.

Before the 2025 New Mexico Legislative session began, Bregman told the Courts, Corrections and Justice Committee that from January, 2024 to November 2024 there were 1,448 juvenile cases. This includes 24 homicides with defendants under the age 18  currently detained and facing murder charges in New Mexico, 386 cases involving firearms, 49 armed robberies, and 44 rapes. From 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

Bregman  told the Courts, Corrections and Justice Committee this:

The last time the Children’s Code was updated in any meaningful way, as far as the Delinquency Act, was in the previous century. It was before the iPhone was even invented, and we all know things have changed dramatically, especially when it comes to juveniles and iPhones.  …

 It’s just so there’s some consequences to understand that there’s certain laws and norms in our society that people need to follow. … Because at the end of the day, if you commit these kind of heinous, awful kind of adult crimes, you should be charged as an adult. … At the end of the day, it’s to have consequences for young people so that we’re not sentencing them for murder. I want them to know that the first time they get in trouble, there’s some consequences.”

“Too many people, too many victims are killed by juveniles in our community. … 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.”

HOUSE BILL 124 KILLED IN COMMITEE

House Bill 134 introduced during the 2025 legislative session  was  a bipartisan juvenile justice reform bill to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code. It would have expanded 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 have 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.

House Bill 134 languished in committee for weeks despite being introduced during the first days of the session. On March 6, the House Consumer and Public Affairs Committee debated a slimmed-down version of House Bill 134  and the committee voted 4 to 2 to table the legislation thereby killing the bill. With the 4 Democrats voting in favor of killing the legislation and keeping it from advancing, it meant the bill would not advance any further in the 2025 legislative session that ended on March 22.

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.”

COMMENTARY AND ANALYSIS

The two biggest glaring takeaways, aside from the sure senseless violence and killing of 3 innocent people and the injury of 15, from the Las Cruces mass shooting are:

1. The mass shooting was likely preventable.
2. The New Mexico Legislature was derelict in not to recognizing that juvenile crime is statewide and  is simply out of control.

MASS SHOOTING LIKELY PREVENATABLE

It was downright shocking to hear Las Cruces Chief of Police Jeremy Story say  the Las Cruces Police Department did not have a presence at the park at the time of the shootings because the department did not have the police units available and that his department is short staffed. Chief Story said this:

“In a perfect world where I had 220 police officers like I’m supposed to, it probably would have been different last night, but I had no units available for most of the night prior to the shooting.”

What Chief Story was saying is that increase police patrols would likely have stopped the unsponsored event and the gathering and thereby prevented the shootings. The staffing and management of law enforcement will always be the most critical component to enforcing our criminal justice laws. Simply put, we can enact the strongest criminal laws in the country, but if there are no law enforcement personnel to act and enforce them, the laws are useless.

NEW MEXICO LEGISLATURE WAS DERELECT

The March 21 Las Cruces mass shooting involving 3 teenagers that resulted in 3 dead and 15 injured should be a major wake up call to the New Mexico legislature, especially  for State Senator Joseph Cervantes, D-Las Cruces who is the powerful chairman of the Senate Judiciary where many crime related bills have gone to die over the pass few sessions.

It was in January 2022 that Cervantes said that all crime-related legislation proposed by the governor and law enforcement officials would  be closely scrutinized by his Senate Judiciary Committee, which he chairs. Senator Cervantes suggested a better-funded state judicial system would do more to address crime rates than hasty changes to sentencing laws. “It’s a problem that Albuquerque has largely created for itself,” Cervantes said, pointing out at the time violent crime rates in some parts of southern New Mexico are much lower than in New Mexico’s largest city.

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

https://www.abqjournal.com/news/local/article_11e7eb77-5ddf-5d19-91c5-ba4f2e694862.html

As the Governor pointed out in her statement on the mass shooting there had been a “disturbing rise in violent crime in Las Cruces—which has increased by 46 percent compared to last year— [and it] demands immediate and sustained attention.”

The March 21 Las Cruces mass shooting is definitive proof that juvenile crime is a state wide problem that demands immediate attention. It is not an issue  of  locking  up youthful defendants and treating them as if they were “disposable” as House Speaker Javier Martínez falsely proclaimed. It is an issue of aggressively addressing the crisis of teenagers committing violent crimes.  Under the existing children’s code teenagers who commit violent crimes essentially faces  no consequences for their actions.  Victims of violent  crimes are entitled to see that justice is served upon those who commit violent crimes.

The failure of House Bill 134 to pass the New Mexico legislature 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, it was a dereliction of duty for the New Mexico legislature to 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, the 2025 session  was the year to do it. Instead, the legislature looked the other way and pretended there is no problem and simply killed all efforts to reform the juvenile justice system thereby kicking  the can down the road.

Governor Lujan Grisham should not hesitate to  call a special session as soon as possible to again to consider public safety measures. The agenda for the special session should include  the reconsideration of House Bill 134 and all the proposals to the Children’s Code advocated by Bernalillo County District Attorney Sam Bregman as well as all those public safety measures that failed during the 2025 including an assault weapons band, pre trial detention measures and increasing firearm purchase waiting periods and making it a first degree felony for shooting into crowds.

The blunt reality is that juvenile violent crime is not and Albuquerque crisis but a State wide crisis.

The link to a related Dinelli article is here: 

2025 New Mexico Legislature Update: Juvenile Justice Reform Killed In Committee; Legislature Fails To Update Children’s Code To Deal With Crisis Of Teens Committing Adult Violent Crimes

 

Albuquerque Mayor Tim Keller officially announced his run for reelection on Thursday, March 13, 2025. On Tuesday, March 18, 2025, KOAT’s Faith Egbuonu spoke with Mayor Keller in a remarkable extended one-on-one “sit down interview”  on why he is running for a third term. She asked Mayor Keller more than a few uncomfortable questions including:

“What do you say to voters that supported you in the past but now have doubts? Some expressed you’ve had 8 years to tackle issues at top of mind for New Mexicans, but yet nothing has been done?”

KOAT TV ran a very short, abbreviated version of the Keller interview as a news item but published the full transcript on its web page.  Below is the transcription of the full interview:

REPORTER EGBUONU: Why a third term?

MAYOR KELLER: 

“There’s really two reasons. The first reason is because we’ve been working hard on some decades-old challenges that we’ve had, whether it’s crime or homelessness, even some major projects for our families, and we’re finally breaking through, we’re seeing traction on our crime technology efforts, on the gateway system actually taking thousands of people off the street, and we’ve got to see these through.

So, the primary reason is to make sure that we keep doing these ideas that are working, and that’s really important because we did the real work and the hard work for years to actually fix some of these long-standing challenges. Now, we’ve got to use those fixes and actually make sure they lift up our city every day. Second reason is really because of what’s happening with respect to the turmoil in D.C. and its effect on our city.

I woke up after the election with renewed resolve. I’ve seen the first round of Trump when I was mayor before, and you’ve got to have strong, steady leadership to push back on all the funding cuts, all the division that’s gonna be put upon our city, and that’s already happening. And so I’m resolved to see that through, and that’s why I need another term.”

REPORTER EGBUONU: What do you plan to accomplish if you’re reelected again?

MAYOR KELLER:

“I have two real goals for another term. And the first one is we’ve got to follow through on some of the things that are finally gaining traction in our city. This has to do with like crime technology, which is finally making a difference when it comes to crime fighting, the one-stop shop gateway system, which has taken a thousand people off the streets.

We need it to be two. And it’s also about finishing some incredible projects like the rail trail, the CNM rail yards academy, bringing UNM downtown. These are all things that we’re gaining traction on. but we need a little more time to actually get the job done.”

CRIME

REPORTER EGBUONU: As of today, where do we stand with crime? That’s one of the biggest issues at top of mind for New Mexicans right now.

MAYOR KELLER:

“I’ll give you an example which I think speaks to the general situation for crime in Albuquerque. For almost a decade we were number one in auto theft, we were the worst in the nation. And now we’re like number eighth, the eighth worst. This is a good example because it says the truth, which is that we’ve turned the corner on a lot of these issues, but we’re coming down from all-time highs.

So, we have to keep doing what’s working, and we know we’re going the right direction. That’s what’s changed about two years ago. We saw this across homicide, we saw it across assaults, and a couple of other categories of violent crime. But we’ve got to keep using the crime technology that we’re doing and the techniques that we’re doing around warrant arrests to make sure that that trend continues. But absolutely, a long way to go. I mean, that’s clear. That’s also why I need some more time.”

REPORTER EGBUONU: You’ve talked about crime reduction while you’ve been in office. Elaborate a bit more of what’s been done while you’ve been in office for eight years.

MAYOR KELLER:

“When I came in, what we saw was a department that was literally falling off a cliff. It was in terrible shape. We had officers leaving in droves. The consent decree was bogged down and going nowhere. And also crime numbers continued to go up. This had been happening for a decade. And it took us a while to really get on the right track, especially with COVID in the middle.

So, I mean, we lost several years in general in the city on what we were doing there. But about two years ago, we started to see progress. and it’s really because of two factors. The crime-fighting technology that we’ve invested, the fact that we’re rebuilding the ranks, and actually the other piece is civilians.

We use civilians now more than we ever have so that we free up officers to fight violent crime. So that’s our community safety departments taking 80,000 calls that police didn’t have to. That’s why you see public service aides taking traffic accident reports. It’s so we’re freed up to fight crime, and that’s what’s enabled us to bring some of these numbers finally down. So we literally had to rebuild the department. That’s what we’ve been doing, and now it’s actually in a much, much better position.”

REPORTER EGBUONU: Would you agree there’s still more work to be done?

MAYOR KELLER: 

“Absolutely and that’s why I’m actually interested in a few more years because we know what to do now. We’ve done the hard work to actually fix the broken department but now we actually have to use it fully to fight crime each and every day.”

DOUBTERS

REPORTER EGBUONU: What do you say to voters that supported you in the past but now have doubts? Some expressed you’ve had 8 years to tackle issues at top of mind for New Mexicans, but yet nothing has been done?”

MAYOR KELLER:

“First off, I see what you see, right? I have, whether it’s being in the community with my kids or whether it’s walking to work, I literally understand as well like how challenged these times are. But now is not the time to change.

And the reason is because we’re finally gaining traction. We’re breaking through after years of investment in the really hard things, whether it’s rebuilding a homelessness system or it’s salvaging a police department from falling apart, we’ve done that hard work.

And so now, I didn’t want a few more years, I didn’t want another term, but I need another term because I know that we can’t change direction. That is going to be especially dangerous with what’s going on in D.C. right now. We need strong, steady leadership, and I’m here for that duration and for those reasons, and that’s why I think folks should give us a chance, I think, to finish the job.”

HOMELESS CRISIS

REPORTER EGBUONU: Where do we stand right now with homelessness?

MAYOR KELLER: 

“When we came in, for decades, this is the same situation as crime in a sense that our city had never faced homelessness head-on. We’d never done the actual work to say, how do you get someone off the street into services, and where does that all happen? And we took the time to actually fix those issues.

We built the community safety department to do transportation. Then we created the Gateway, a one-stop shop, which is finally open. It just opened in September with its 24-7 drop-off and medical sobering. So now we have a one place for folks to go that’s 24-7. And now we’re building out the other places like a youth shelter and recovery where people can finally get addiction and treatment.

Those are all online to be open and helping people either this year or next year. And so now we’re seeing the fruits of all that hard work but we’ve got to see it through. And if we do that, we’re going to move from when I started to taking zero people, every night in Albuquerque to a place where they can get help. That’s what we used to do.

And now we’re actually taking care of a thousand people every night. And if we finish what we’ve planned, we’re going to be able to take care of two thousand every night. Two thousand people off our street. That’s what people want, and that’s what we can deliver on.”

MAYORAL CANDIDATES

REPORTER EGBUONU: There are five candidates now. All of them have shared the same sentiments in making Albuquerque safer, right? And some are challenging your eight years in office. What’s your take?

MAYOR KELLER:

“I expect a lot of challengers. I would actually expect much more. I think we’re going to have probably a dozen candidates at the end of the day. And we should because these are tough times. And all I’m saying is look at the answers that they can actually deliver on. And I don’t see them saying anything different besides talking about the problem. We’re saying we actually know the answers.

We just need some more time to make sure that we see them through. And we have these proof points to look at. Whether it’s a thousand people, we’re taking care of every night, whether it’s crime numbers finally going down. Or it’s things like the C&M Film Academy finally coming into the rail yards. I think that’s in sharp contrast to everyone who’s continuing to talk about the problem and someone who’s actually offering solutions. That’s what we offer. That’s why I’m running again.”

REGRETS

REPORTER EGBUONU: Do you have any regrets in your eight years of office?

MAYOR KELLER: 

Almost every week, I have things I would have done differently.

REPORTER EGBUONU: Really?

MAYOR KELLER:

“Oh yeah, because this job— It’s like, I used to play football, and there was a drill that we do called Bull in the Ring, which is like you stand in the center and everyone’s around you, and they just call your name, and they just hit you from the side and that’s the drill. And that’s what being mayor, that’s what it’s like because every day there’s another challenge.

It could be a particular homicide. It could be windstorms that knock out everyone’s power. And I’m battle-tested. I’ve been through those. And now, especially with what’s happening in D.C. and the turmoil, I think we need somebody who’s ready for that on day one. We do not have the luxury because these are tough times to try someone new or to change directions.

And so, for me, there’s mistakes every day that you learn from. And of course, as everyone says, that’s the key, is how you learn from that. But there are a lot of things I would have done sooner, that’s for sure, including things like our technology and crime fighting. And then a lot of things around, even the consent decree, we’re 99% done with that. But if I had to go back, you know, first time around, of course, there’s all sorts of things you learn. And that’s really important during tough times.”

WHAT’S NEXT?

REPORTER EGBUONU: You’ve had a pretty extensive career. Former member of the New Mexico State Senate, you served as New Mexico State Auditor, you served as Mayor for eight years. If you lose, what’s next for you?

MAYOR KELLER: 

I’m raising my family here, and I dedicated essentially my professional career to government and public service way back when I was 27 years old and I was first elected. And so I first ran, I should say. And so that’s not going to change. I’m going to keep trying to find a way to help our community.

For me, it’s a vocational calling. It’s something that even my friends will tell you as early as like fifth grade. I was talking about working in government in one form or another. So, I’ll look at that, but I think for right now, it’s not necessarily by choice for me. I wish I could have gotten everything done in two years, but we need more time to finish the job. And so for me, that’s the calling, and that’s what I’m here for now.

POLICE CHIEF

REPORTER EGBUONU: Is there still possibility of a new police chief still? You’ve answered this in so many ways, but I also feel like the idea is still being toyed with. Is it official that if you are re-elected, you are getting a new police chief?

MAYOR KELLER:

“I know that with another term, you always get a wonderful gift, and the gift is you have your team that got you there and that you’ve had before, and then you have time to actually bring in fresh folks and also to build for the longer term, and we’re positioned for that right now at the police department.

There’s a wonderful bench strength there, and we know that we’re going to need new leadership, and that’s something that I’ve been through before, and I think that’s something that we can make smooth, and also we’re not starting from ground zero. We know folks who know the job and know what to do and they’ll be good candidates and so it’s something that I expect to actually be really beneficial for everyone.

If you look at the deputy chiefs, that’s an obvious place to look, and we have some excellent deputy chiefs, and so that’s the first place I’d look at. Certainly, you want to look outside the department. I think you owe it to the community to do that. But particularly because of the positive changes because APD has been rebuilt and reinvigorated by this leadership team, you’ve got to look to that team in the first place, and so that’s the first place I’d look at.”

REPORTER EGBUONU: What do you believe is a major issue plaguing New Mexico that needs immediate tension or continuous attention as of now?

MAYOR KELLER:

“In general, of course, it’s crime and homelessness. But unfortunately, during these times, I think there are two flavors of that that have even become more urgent. One is defending our city from being destroyed by some of these things that are happening in Washington. I mean, if they actually cut certain programs, like we won’t have a bus system, we won’t have a police department because they’ll have no crime lab, which is federally funded.”

JUVENILE CRIME

So, all of a sudden, those are becoming more urgent. I think that’s also why we need strong and experienced leadership. The second thing is our juvenile criminal justice system. This is something that no one, frankly, wanted to ever have to admit or deal with because these are young kids. Like what happened this morning, what folks are hearing about is the combination of guns and social media and then a youth system that is incapable of dealing with an 11-year-old who commits murder.

That’s where we’re at. And that’s the country, but it’s also us. And so we’ve got to look at every step in that system and see what we can do to, unfortunately, adjust to these times when you have middle schoolers with weapons. That’s a dangerous combination.

REPORTER EGBUONU: Juvenile crime that’s a serious issue in our state right now. It’s been talked among lawmakers at the session. There’s some bills that have not made it— the Children’s Code, nothing went down with that. But what do you feel? I believe there’s many underlying factors, but just hearing from you, what do you feel it’s going to take for us to get back on track with juvenile crime? Because it just keeps growing and growing and growing. Juveniles specifically, when you check the youth detention center, some of them get checked in and then they’re checked right back out because there’s not enough space, then they’re sent back to their guardians or whomever and then they’re turned back out to the streets to do the same thing over and over again.

MAYOR KELLER:

When we think about this, my only analogy is what we’ve done actually with 9-1-1 response. So for example, we had all these challenges with response times and how we respond and we had the consent decree because we’re using too much force. And my team turned around and we created an entirely different department, the community safety department. And that department has taken 80,000 calls and there’s social workers who are doing that through the 9-1-1 system 24-7.

So that was a brand new idea that no one else in America had done, and we’ve delivered on it, and I think we’ve seen how helpful it is. We have to have a similar type of innovation on the juvenile justice side. The combination of everyone involved, and that’s from schools to families to CYFD to APD and everything in between, it’s just not adequate to deal with the problem with social media, guns, and drugs in middle schools.

So, to me, it’s something that’s more, whether it’s a governor something like that would really put it together but if you’re asking me the question we have to have an innovative response that is different like the current model is totally ill-equipped to deal with what’s happening to our kids and I have a middle schooler in public school so I get it to a certain extent.

I think the system is ill-equipped to deal with what our kids are going through with right now and so we have to look at it starting from that place there’s investment in everything. There’s changes that need to be made. But there’s also a different way to deal with this. And there’s different things we can look at, like case workers in middle schools that are actually more sort of family aides. Violence intervention is the biggest one.

I started this program in West Mesa and we’ve seen recidivism completely drop. We’ve seen grades go up for everyone who’s involved in that. We should have that in every high school. We should probably also have it in every middle school, which is terrible to say. But that’s a third way, that’s a different way. So the very long answer to your question is, we should have violence intervention programs at every school in New Mexico.

PUBLIC FINANCING

REPORTER EGBUONU: Any words you want to part with?

MAYOR KELLER:

“I’m going to be doing public financing again, that’s this process where you have to get all these five-dollar contributions, but it allows you to really be independent, and it allows you, as I have been, whether you like me or not, I think it’s clear that at least I’m my own person and you kind of know what you’re getting and that is in a huge way because we’re publicly financed.

So, I’m doing that process again and it’s something to see what the other candidates do, who gets through that process, who’s privately financed. That’s going to be a dynamic that’s also uniquely Albuquerque. And so we’ll see how that all plays out, but I know the route I’m taking there and it’s going to be public financing again.

REPORTER EGBUONU: Thank you.

Click here to review the entire interview:

https://www.koat.com/article/mayor-tim-keller-albuquerque-reelection/64224388

OTHER CANDIDATES

At least 4 other candidates have announced they are running against Keller for Mayor and they are  listed as candidates with the City Clerk. 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. 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.
4. Republican Darren White, the 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.

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

THREE  OTHER LIKELY CANDIDATES

Confidential sources have confirmed that at least three  other candidates will announce their candidacies for Mayor. They are:

1. Democrat first term, West side Albuquerque City Councilor Louie Sanchez who is a retired APD Officer and is now an insurance salesman. During his term as city councilor, Sanchez has been a consistent critic of Mayor Keller and has often voted with all 4 of the Republicans on City Council. Sanchez is up for election to city council and must giving up his council seat to run for Mayor.
2. Former New Mexico U.S. Attorney Alexander Uballez who was fired by President Trump on Valentines Day February 14. Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by President Joe Biden. Uballez singular biggest claim to fame is bringing federal charges against law enforcement and the ring leaders involved in the DWI bribery and conspiracy scandal to dismiss hundreds of DWI cases.
3. Daniel Chavez, President of Parking Company of New Mexico.

COMMENTARY AND ANALYSIS

The most revealing answers to questions Mayor Keller made in his extended interview with KOAT TV was when he was asked and answered the following  questions:

Why a third term? What do you say to voters that supported you in the past but now have doubts? Some expressed you’ve had 8 years to tackle issues at top of mind for New Mexicans, but yet nothing has been done?”

Mayor Keller answered the questions as follows:

“There’s really two reasons [for a third term]:

The first reason is because we’ve been working hard on some decades-old challenges that we’ve had, whether it’s crime or homelessness, even some major projects for our families, and we’re finally breaking through, we’re seeing traction on our crime technology efforts, on the gateway system actually taking thousands of people off the street, and we’ve got to see these through.

The [second]  primary reason is to make sure that we keep doing these ideas that are working, now is not the time to change. … And the reason is because we’re finally gaining traction. We’re breaking through after years of investment in the really hard things, whether it’s rebuilding a homelessness system or it’s salvaging a police department from falling apart, we’ve done that hard work.  … .”

Keller saying the city is finally “gaining traction” after two terms is simply false.  Keller saying his ideas are working is also false. His policies and programs have failed and we are no better off today than 8 years ago.  “Gaining traction” with no tangible results  is not much of a justification for 4 more years of doing the same thing. Doing the same thing over, and over, and over again expecting different results is the very definition of insanity.

Keller misleads and spins his record of failure on the homeless saying “thousands have been taken off the streets” only as the crisis worsens and as he throws millions of dollars at the crisis each year as other city services suffer.

Keller says falsely he  is “salvaging a police department from falling apart.” The truth is APD has already fallen apart, it  is as corrupt as it gets under his leadership and it’s a train wreck.

KELLER’S RECORD OF FAILURE

Mayor Tim Keller 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 at least 4 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. 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 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.

In his KOAT TV interview Keller said this:

When I came in, what we saw was a department that was literally falling off a cliff. It was in terrible shape. We had officers leaving in droves.

APD did fall off the cliff under Keller’s leadership. 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, yet the department continues to languish. This coming from the Mayor who promised 1,200 cops during his first term. During a recent APD Academy graduation, Keller promised 1,000 cops by the end of the year which is not at all likely given expected retirements.

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 Coronado 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 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 (IDO). 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 tied to the hip. Keller failed in his extended interview with KOAT TV  to state in no uncertain terms that he will ask Medina to step aside and replace him with a new chief.

KELLER’S LOW APPROVAL RATINGS

Keller is favored to win a third term 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 POWER OF INCUMBANCY

Notwithstanding his failures, Mayor Tim Keller is heavily favored for election to a unprecedented third consecutive 4 year term. In Keller’s mind, the more the merrier. He has a core constituency of about 25%  or more that should get him into the runoff.  However, with at least five to seven candidates running, it’s very likely there will be a runoff 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 right wing Republican Darren White who will try and force a runoff.

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.

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 is one such candidates who is 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 where candidates must  first make and appointment and  register with the city clerk.

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.

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.

Hopefully, better qualified candidates will emerge. __________________________________________

POSTSCRIPT

The links to the City Clerks web pages giving candidate information, candidate calendar, candidate training, candidate information forms  and qualifying periods are as follows:

https://www.cabq.gov/vote/election-information

https://www.cabq.gov/vote/election-information/voter-information

https://www.cabq.gov/vote/candidate-information/candidate-information

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

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

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

https://www.cabq.gov/vote/candidate-information/campaign-forms

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

https://www.cabq.gov/vote/training-videos

https://www.cabq.gov/vote/information-for-measure-finance-committees

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

https://www.cabq.gov/clerk/ethics-1/board-of-ethics

 

On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez over allegations linking him to an ongoing  federal bribery and conspiracy case to dismiss DWI cases by Albuquerque Police, Bernalillo County Sheriff Deputies and State Police Officers. The court set an April 7 hearing to listen to oral arguments on a petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from  the practice of law.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_f3f71a74-0449-11f0-a674-1fa91ae82bad.html

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/attorney-implicated-in-dwi-dismissal-scheme-has-license-temporarily-suspended/

PETITION FILED

It was on March 6 that the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The petition to the Supreme Court was filed by Anne L. Taylor, the Chief Disciplinary Counsel.

The petition alleges that 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 required  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.

As grounds for Chavez’s suspension, Chief disciplinary counsel Taylor noted that two defendants involved in the scheme, Ricardo Mendez and Honario Alba, mentioned in their plea agreements that a second lawyer was involved in the scheme, and that the attorney had represented a DWI suspect with the initials Z.W. who was arrested by Alba. But the second lawyer was not named in the public court filings.  The disciplinary counsel’s petition states that “upon information and belief,” attorney Chavez is the party Mendez and Alba made reference to in their plea agreements.

The Disciplinary Counsels petition to suspend Chavez’s license states in part:

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

REPONSE TO PETITION SEEKING SUSPENSION

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

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

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

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

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

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

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

SUPREME COURT IMMEDIATLY SUSPENDS LAW LICENSE

The New Mexico Supreme Court has scheduled for April 7 on whether to suspend Chavez’s license and could disbar him permanently. While that’s pending, the New Mexico Supreme Court granted a temporary suspension, effective immediately.

THE DWI 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.

DWI ENTERPRISE SCORE CARD 

Eighteen law enforcement officers 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 pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on February . Clear, 67, is awaiting sentencing and has been disbarred by the state Supreme Court.  Clears law offices have been forfeited and he has been disbarred.

Links to quoted and relied upon news sources are here:

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

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

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

COMMENTARY AND ANALYSIS

It is only a matter of time before others are implicated and those identified are charged.

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. 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 for what they have done.

There are two Senate Bills introduced for consideration by the 2025 New Mexico State legislature dealing with new funding approaches for the New Mexico State Fair also known as EXPO New Mexico.  SB481 would establish a State Fairgrounds District for management, control and development of the State Fairgrounds. SB482 would have  establish a  Tax Increment Development District (TIDD )for “all land owned by state”  to secures bonds issued up to $1 billion, but the state has abandoned efforts supporting SB482.   With 5 days remaining before the legislature ends, the legislature has only conducted a hearing on SB481

SB481 would establish what would be known as the “State Fairgrounds District” which would consist of a 5-member Board to oversee and govern it and to make appropriations for development. The 5 member board would have the following  designated membership:

• Governor
• Lt. Governor
• Designee of State Senator within whose district the Fairgrounds are located
• Bernalillo City Commissioner within whose district the Fairgrounds are located
• Albuquerque City Mayor

Senate Bill 481, would create a “State Fairgrounds District Fund” for  the 236-acre State Fairgrounds located North of  Central Avenue,  South of Lomas,  East of San Pedro and  West of Louisiana and any additional land adjoining it nearby the state may acquire. The legislation would empower the board to issue bonds up to $1billion with the pledge to repay those bonds with Gross Receipt Tax (GRT)  from GRT and Gaming Tax with maturity of up to 25 years for the bonds.

The State Fairgrounds District fund would receive “net receipts attributable to the GRT from business locations  on the state fairground once it is developed to include other year round businesses on the property. The State Fairgrounds District fund would receive “net receipts attributable to gaming tax from business locations on land owned by the state fairgrounds”. SB481 is sponsored by Senate President Pro Tem Mimi Stewart, D-Albuquerque

On March 11, the Transportation Committee voted  6-3 vote in favor of SB481. This was the first committee the bill was presented to.  The bill  now moves to the Senate Finance Committee for hearings.

Sen. Natalie Figueroa, D-Albuquerque, who represents the area that includes the State Fair Grounds, told the committee this:

“This has the potential to really change a section of our city, very close to my district, that’s been troubled for a long time.”

Figueroa was joined by four other committee Democrats present attendance and Sen. Gabriel Ramos, R-Silver City, in voting in favor of advancing the bill.  The tax committee’s other three Republicans Sens. Nicholas Paul of Alamogordo, Joshua Sanchez of Bosque and William Sharer of Farmington all opposed the bill.

In addition to classifying the area as a “state district fund”, SB481 creates a board to make financial decisions, including the ability to issue revenue bonds of up to $1 billion.  Republican Senator William Sharer of Farmington said the bill does not provide enough oversight for financial decisions and he said this:

“If we’re looking for fraud, waste and abuse, this is where I would start looking.”

 CONTENTIOUS MEETING OPPOSING MOVING STATE FAIR GROUNDS

The bill passed at the same time the Bernalillo County Commission was set to vote on a Tax Increment Development District (TIDD) for infrastructure improvements for the Fair Grounds and for re-development of the area. It was in  January that the Bernalillo County commissioners,  at the request of the state voted  to pass a resolution to establish a Tax Increment Development District, or TIDD, at the site of the fairgrounds.

On February 26, Bernalillo County Government held a public  meeting  attended by upwards of 200 people to discuss and provide information on the county’s  proposed Tax Increment Development District (TIDD) for the  New State Fairgrounds known as EXPO New Mexico. The meeting was highly contentious and was dominated by residents and business owners in the surrounding area who were strongly opposed to moving the State Fair grounds. Upwards of 99% of those in attendance by raise of hand said they were opposed to moving the State Fair grounds.   At the meeting, county leadership pointed the finger at the state for canceling a $500,000 request for proposal to redevelop the area hours before the meeting.

Bernalillo County announced it would not be taking a vote to establish a TIdD .  County spokesperson Randy Harrison said this in a statement:

“The county awaits a master plan from the State of New Mexico for public infrastructure for the 236-acre State Fairgrounds before proceeding [with a TIDD.] … Once the master plan is completed, the Board of County Commissioners retains the option to present and approve a TIDD.”

Harrison also said that the state would no longer pursue Senate Bill 482, a bill that would’ve created the joint TIDD between the county and state that could’ve authorized up to $1 billion in bonds

https://www.abqjournal.com/business/article_e64a3e7e-fee0-11ef-898d-bfe9b10a772d.html

PROPOSAL TO MOVE STATE FAIR GROUNDS

On December 3, Governor  Michelle Lujan Grisham accompanied by Speaker of the House Javier Martinez, Mayor Tim Keller and State Fair Commission Chairman Eric Serna and other officials held a news conference at Expo New Mexico and announced a plan to move the fair grounds to a different location and redevelop the 236 acres  into a mixed-use development. Among the many ideas suggested for the development of the 236 acres of prime property included low income and affordable housing and demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility. Recommendations for future land use and included commercial retail business development.

The announcement included the release of a Request For Proposal (RFP) that the legislature advanced $500,000 to develop a master plan for the 236-acre cite. The purpose of the Master Plan would be to provide a plan to maximize facilities operations year round, including addressing the needs and growth of the area for the next 10 to 20 years and find perhaps other uses for the property itself. The $500,000 Request for Proposals was issued on December 3 and was to last for 45 days. No new location was announced during the press conference, but it was suggested that keeping the State Fair centrally located such as in Bernalillo, Valencia or Torrance County would be beneficial due to the interstates. On February 26, the state withdrew and cancelled the RFP and announce a new one would be released.

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

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

INDEPENDENT REDISTRICTING TAKES AN UNUSUAL TURN AT ROUNDHOUSE

On March 17, 2025,  Dick Mason, with the Project Team, Fair Districts for New Mexico issued the following press release:

Late in the day Sunday, March 16, the decades-long effort to turn redistricting over to an independent commission in New Mexico took an unusual turn at the Roundhouse on the Senate Floor.

Senate Joint Resolution 9, sponsored primarily by Senator Natalie Figueroa (D-18) and six Democratic co-sponsors, if passed by both chambers, would put the question of an independent redistricting commission on the 2026 ballot for voters to decide. Late in the day Sunday, Senator Katy Duhigg (D-10), Chair of Senate Rules released SJR9 from Senate Rules Committee preventing it from having a hearing in that Committee.

Senate Judiciary is chaired by Joseph Cervantes (D-31) of Las Cruces. Cervantes has never gone on record as supportive of independent redistricting. While opponents of independent redistricting welcomed this unusual twist for SJR9, advocates for the resolution and its six bill sponsors likely do not.

 “We are disappointed that SJR9 was not heard in Senate Rules. Independent redistricting gained a lot of support in the halls of the Legislature this year. We had the votes from both Republicans and Democrats to pass out of Senate Rules and mark a historic bi-partisan victory for redistricting reform, “ said Hannah Burling, Project Lead for Fair Districts for New Mexico and co-President of the League of Women Voters of New Mexico. “We hope that Senate Judiciary will hear SJR9 promptly, and encourage constituents to reach out to the Chairman and other SJC members to express support for this important legislation.”

Upon news of the release of SJR9 from Senate Rules, Senator Natalie Figueroa had this to say:

“Now, more than ever, New Mexicans need to be able to trust in our election process. Independent Redistricting sends a clear message that voters’ voices matter.” Independent redistricting has garnered growing support prior to and since the 2021 redistricting in New Mexico. In a 2022 poll of likely voters, 77% supported an independent redistricting commission while only 12% opposed.

COMMENTARY AND ANALYSIS

HIGHEST AND BEST USE OF PROPERTY IS EXPO NEW MEXICO

Elected officials and politicians need to keep their greedy little hands off  the State Fair grounds and abandon any effort to move it. The highest and best use of the 236 acres of property is the State Fair itself and keeping it as Expo New Mexico. Expo New Mexico can be revitalized into an Entertainment and Commercial Hub  that could revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas leased by the State Fair for shops, restaurants, theaters and entertainment venues that would also be used for operations of the annual State Fair and during the State Fair itself.

There should be no affordable housing and no other housing on the property. The existing walls along San Pedro, Lomas and Louisiana should remain intact for security reasons but develop larger entrances. Efforts to revitalize adjoining neighborhoods would only be undertaken by private developers perhaps with state and city development and tax incentives. The City of Albuquerque must and can as it has in the past  take aggressive action to deal with nuisance properties that are magnets for crime in the immediate surrounding neighborhoods. The City of  Albuquerque needs to aggressively enforce its vagrancy laws to deal with  the homeless, including making arrests if need be and provide services to them designed to get them off the streets.

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

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

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

OTHER VENUES

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

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

FINAL COMMENTARY

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared.

With only 4 full days left of the New Mexico Legislature, it is not at all likely that SB481  establishing  a State Fairgrounds District for management, control and development of the State Fairgrounds will become law, which is very disappointing. Even though it passed one Senate Committee, the bill  still needs to get through other legislative committees and pass the full Senate and House to become law.  The creation of a State Fair Grounds District as proposed by SB481 makes common sense and would guarantee a sustainable future  for EXPO New Mexico where it now exists. If  SB481 fails this legislative session it should be introduced once again during the 2026 legislative session.

The passage of  Senate Joint Resolution 9 calling to  put the question of an independent redistricting commission on the 2026 ballot for voters to decide seems even more unlikely than enactment of SB481.

The link to a related blog article is here:

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

 

 

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared. More than 1,200 bills were filed during this year’s 60-day session.

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.

UNANIMOUS HOUSE VOTE APPROVING HB 5

On March 4, the New Mexico House of Representatives voted unanimously 64–0 for House Bill 5, reflecting overwhelming bi-partisan support, to  approve it.  Two other bills dealing with the Children, Youth, and Families Department (CYFD) were also passed unanimously by the House. The two other Bills were House Bill 203  which would require CYFD workers to retain and back up all electronic records and House Bill 205  which would  establish a nominating committee to vet applications for the CYFD secretary position.   Of the 3 bills enacted by the House, only House Bill 5 was heard by the Senate Judiciary Committee chaired by Senator Joseh Cervantes, D-Las Cruces

On March 12, House Bill 5 passed the Senate Judiciary Committee but not  before  confrontation with the Governor’s Office. During the hearing, Judiciary Committee Chairman Sen. Cervantes acknowledged he blocked similar legislation from advancing during previous sessions at the urging of a prior CYFD secretary. Cervantes directed blunt remarks to to CYFD Secretary Teresa Casados, who testified in opposition to the bill,  and he said this:

“For the last several years, I’ve tried to resist this kind of initiative and I’ve come to the end of my rope. …  I’ve been hoping for a change, and it hasn’t happened. … You’re failing, and I can’t put it nicely.”

Earlier in the hearing, CYFD Secretary Teresa CYFD Secretary Teresa Casados urged senators not to approve House Bill 5  saying it would be punitive and could negatively impact morale for CYFD workers. Casados has led CYFD since May 2023 and is the agency’s third Cabinet secretary since Lujan Grisham was elected in 2018.  Casados said this:

“I think it’s scary for employees that are doing the work every day”.

Secretary Casados told the committee there are better options for increasing oversight of the agency, including  Senate Bill 363, that would create a nine-member child protection authority. That body would be attached to the Regulation and Licensing Department, which is run by a Lujan Grisham appointee.

HOUSE BILL 5  PASSES SENATE WITH AMENDMENT TO AVOID VETO

On Friday March 14 , the New Mexico Senate voted to approve House Bill 5 on a  28-13 voted but only after adding an amendment offered by Sen. Katy Duhigg, D-Albuquerque, aimed at avoiding conflicts of interest as child well-being investigations are carried out. The amendment to the bill was added to avert a potential  veto showdown with Gov. Michelle Lujan Grisham.

After the final Senate vote, Governor Lujan Grisham told the Albuquerque Journal she had met with several senators earlier in the day and urged them to make the change to the legislation. She said she believed the initial House-approved version of the bill was unconstitutional.  She likened backers’ efforts to rush the bill through the Roundhouse to President Donald Trump’s attack on political enemies in his speech  at the U.S. Department of Justice.  The Governor said this:

“You don’t use children, and their families and their well-being as some sort of political effort to harm or discredit another elected official. … Don’t hold children’s well-being hostage because you’ve got a political beef with me about one thing or another.”

The Governor also said she does not like the bill’s provision that a new Office of the Child Advocate would be located within the Attorney General Office and the Department of Justice.  She lauded several senators for their roles in the debate and the final vote. Those senators included Senator Katy Duhigg, Senate President Pro Tem Mimi Stewart, D-Albuquerque, Senate Democratic whip Michael Padilla of Albuquerque, Sen. Crystal Brantley, R-Elephant Butte, and Senate GOP floor leader William Sharer of Farmington.

RETURNED TO THE HOUSE

The fact  that House Bill 5 was amended by the Senate mandates that it returns to the House of Representatives  where members must vote in the coming days on whether to approve the Senate’s changes. If the Senate amendments are rejected,  a conference committee must be set up where appointees from the two chambers would meet to try to agree to a deal during the remaining 5 days before the 60-day session ends March 22.

House Speaker Javier Martínez, D-Albuquerque, said he and his staff are still reviewing the Senate amendments. Martínez described some of the changes as concerning, including a removal of subpoena power for the proposed outside office.  Martínez said this:

“It’s not good practice for us to tailor our policymaking to fit the vision or the view of any governor. … It is our job to pass good legislation.”

The Senate’s actions of amending House Bill 5 likely reduces the odds of the Governor vetoing the bill and lawmakers attempting to override a veto of the bill. Senator Duhigg alluded to and override effort during the Senates  floor debate, saying this:

“I know there are some that would love to force this to a veto and do an override.”

She said the better course of action is  to pass the bill with buy-in from the governor’s administration.

The outside oversight bill is one of roughly 30 measures dealing with CYFD and New Mexico foster families that have been filed during this year’s session.

TROUBLED AGENCY

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. New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%. The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.

In the run-up to this year’s session, lawmakers expressed increasing frustration and anger about the direction of the agency after a string of recent child abuse cases. After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, joined top House Republicans this year in calling for change at CYFD. Lujan Grisham has  shouldered some ownership for CYFD-related issues, saying this:

“I get that we need to do more. We will.”

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.

Sara Crecca, an Albuquerque attorney who has represented children in CYFD custody for more than 20 years, said she has never seen the agency in its current level of “disrepair.” Crecca  said she’s hopeful the bill will help children around the state if it’s signed into law. Crecca  said this:

“The office of the child advocate will empower them, their parents and their foster parents in their battle for basic care in our broken child welfare system.”

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_2a8a706e-0034-11f0-ae44-fbe74fb414fc.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/news/article_9171ff06-0127-11f0-8d55-03d545475618.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Given the hundreds of bills and still pending in committee and final enactment, the legislature is once again faced with its traditional mad dash to the very end during the remaining 5 days of the session. If there was ever a realistic chance for the New Mexico Legislature to enact major legislation to reform CYFD,  2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing.  House Bill 5 reforming CYFD oversight and creating  an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico was in fact passed with impressive bi partisan support.

Whatever differences House Speaker Javier Martínez and Governor Michelle Lujan Grisham have with  amended HOUSE BILL 5  need to be set aside by both. The House should proceed quickly  to adopt HOUSE BILL 5 as amended by the Senate and the Governor should sign it just as quickly.

 

 

The 2025 New Mexico legislative session began on January 21 and ends on March 22, 2025 and 12:00 Noon when adjournment (sine die) is declared. More than 1,200 bills were filed during this year’s 60-day session or roughly 100 bills more than two years ago. As of March 14, with only 8 full days left in the 2025 legislature, the New Mexico legislature has enacted only 3 major pieces of legislation signed into law by the Governor which includes the “feed bill” which funds the  session itself. The laws are the Behavioral Health Reform Package and the Omnibus Crime Package and the Feed Bill that pays for the Legislature and typically passes in the  opening days of the session.

With only 8 days left of the 2025 Legislative session, following is the status of legislation still pending:

COMMITTEE ACTION

On March 10, the on line News Agency Source New Mexico published the following article entitled New Mexico Legislature advances 23 bills over weekend written by its staff reporter  Austin Fisher:

“Nearly two dozen pieces of legislation advanced through chamber votes or committee hearings in the New Mexico Legislature over the weekend [of March 7, 8 and 9].

The House of Representatives on Friday night [March 7] passed House Bill 9, known as the Immigrant Safety Act, which would prohibit state agencies and local governments from entering into agreements used to detain people for violations of civil immigration law, and would require any existing agreements to end as soon as possible.

The legislation still needs to pass through the Senate Health and Public Affairs Committee and the Senate Judiciary Committee before reaching a vote in the full Senate.

New Mexico Immigrant Law Center Director of Policy and Coalition Building Jessica Martinez said in a statement:

“Behind each detention bed is a human being—parents separated from children, workers torn from their communities, and asylum seekers who fled violence only to face new trauma in detention. … By passing the Immigrant Safety Act, the House has chosen to stand on the right side of history. We urge the Senate to act swiftly to complete this important work and end New Mexico’s complicity in this harmful system.”

On Saturday, the House passed House Bill 255, which would expand community-based services already provided to young people exiting juvenile detention to include children and young adults in the Children, Youth and Families Department’s custody; and extend how long someone remains on supervised release from juvenile detention.

“Evidence shows us that focusing on intervention and rehabilitation will lead to better outcomes for our children, while addressing the root causes of juvenile crime in our state,” lead sponsor Rep. Liz Thomson (D-Albuquerque) said in a statement. “HB 255 helps us guide our at-risk youth down a better path, by providing them with key resources proven to be more effective at deterring crime and reducing recidivism than punitive measures alone.”

On Saturday morning, the Senate Tax, Business and Transportation Committee passed Senate Bill 52, which would align mileage reimbursements for lawmakers and their staff with the U.S. General Service Administration rate; a substitute version of Senate Bill 118, which would require the Motor Vehicle Division to distribute to other state agencies’ organ donor application materials; Senate Bill 318, which would regulate firearms and destructive devices under consumer protection law; Senate Bill 352, which would make confidential photographs taken by medical investigators; Senate Bill 377, which would create a special license plate for New Mexico’s professional soccer team, New Mexico United; Senate Bill 408, which would raise the threshold for when a state agency needs to seek competitive bids on a contract; Senate Bill 413, which would allow the State Investment Council to spend more on the Private Equity Investment Program; Senate Bill 422, which would set aside $5 million for grants to nonprofits providing affordable or transitional housing and other services for homeless people; and Senate Bill 460, which would allow the State Investment Council to make zero-interest loans to film production companies.

The Senate Finance Committee on Saturday morning passed Senate Bill 219, which would establish a program for medicinal use of psilocybin mushrooms.

Later on Saturday, the Senate passed Senate Bill 169, which would set aside $24 million for preparing sites for business development; Senate Bill 353, which would ensure potential search-and-rescue incidents are reported to the Department of Public Safety; and Senate Bill 81, which would provide property insurance to homeowners and businesses who struggle to get private insurance due to high risks from things like wildfires.

The Senate unanimously passed Senate Bill 480, which would require the Public Education Department to track all school-aged people who haven’t graduated from high school within four years from entering ninth grade; Senate Bill 39, which would prohibit prior authorization or step therapy, when insurance companies and pharmacy benefit management companies refuse to cover a specific drug until after the patient has tried cheaper alternatives, for off-label medications or therapies for rare diseases; and Senate Bill 252, which would allow all licensed social workers to provide telehealth services.

On Saturday afternoon, the Senate Judiciary Committee passed Senate Bill 78, which would allow certified nurse anesthetists to practice independently; Senate Bill 303, which would remove the need for gaming machines to meet standards set by Nevada and New Jersey and instead require them to meet standards set by the state; Senate Bill 457, which would set aside $20 million for civil legal services to low-income people; Senate Bill 302, which would strengthen background checks for Gaming Control Board contractors; and Senate Bill 375, which would allow early discharge for people who comply with probation and makes other changes to parole.”

The link to the above article is here:

https://sourcenm.com/briefs/new-mexico-legislature-passes-23-bills-over-weekend/

You can subscribe to Source NM here:

https://sourcenm.com/subscribe/

OTHER BILLS TO WATCH

On March 11, and March 14  Source New Mexico published news articles giving an update on further legislation considered by the New Mexico legislature. The articles are  entitled “NM Legislative Recap March 11: Where things stand with 12 days left”,  published March 11,  and  NM Legislative Recap March 14: The rise of the zombie bills” published March 14  written by Source New Mexico reporters Patrick Lohmann, Danielle Prokop and Austin Fisher.  The edited  articles read in part as follows:

HOUSE ACTION

“On Tuesday March 11, the House considered a memorial, which is non-binding statements used to express the House’s agreement that something should be honored or memorialized. The memorial from Rep. Michelle Abeyta (D-To’hajilee) read, in part: “Whereas, uranium mining operations create environmental hazards through the transport and storage of uranium ore, increasing the risk of contamination of land, air and water resources and exacerbating the health threats already faced by Indian and non-Indian communities alike.”  After and attempt was made to amend the memorial by  Rep. John Block (R-Carlsbad) to strike that language from the memorial, which he said stigmatized the uranium industry, the amendment failed and the memorial passed 38-23.

The House bounced House Bill 212,  a bill aiming to phase out products with intentionally added PFAS back to committee Monday, after no Republicans expressed willingness to sponsor floor amendments. …  Per-and-polyfluoroalkyl substances, shortened to PFAS are a class of toxic chemicals manufactured to withstand breaking down in water, heat or other environmental conditions and are used in everyday items from cookware to carpets to firefighting foams. PFAS exposure has been linked to certain cancers, fertility issues, low birth weights or fetal development issues, hormonal imbalances and limiting vaccine effectiveness. PFAS contamination caused the euthanization of more than 3,600 dairy cows and impacted water sources around New Mexico. … HB 212, if adopted, would ban the sale of items with added PFAS and carve out exceptions for essential uses, including in pharmaceuticals, electronics and cars.

Rep. Joanne Ferrary (D-Las Cruces), a co-sponsor of House Bill 212, said  the House Judiciary scheduled HB 212 for a Friday, March 15 hearing to amend the bill. If the committee accepts amendments, the bill would return to the House Floor, leaving it little time to clear committees and the floor in the Senate.” 

[On March 14,]the House of Representatives debated House Bill 17 for three hours before passing the bill, which would create a commission to study grocery prices and propose ways to lower consumer costs for essential household foods. The chamber also passed House Bill 76, which would require hospitals and other institutions to screen newborn children for congenital cardiac conditions; House Bill 372, which would increase the weight limit for recreational off-highway vehicles, and allow drivers under the age of 18 to carry a passenger if they are properly licensed and supervised; House Bill 7, which would would establish a trust fund for children born in New Mexico after Jan. 1, 2025; and House Bill 571, which would create a program and certification process under the Department of Finance and Administration to acknowledge municipalities that adopt strategies that increase housing affordability and accessibility.

[On March 14] The House Health and Human Services Committee passed Senate Bill 53, which would amend the Professional Psychologist Act to include allopathic and osteopathic physicians, nurse practitioners and clinical nurse specialists to the list of prescribing psychologists; Senate Bill 45, which would amend the Indigent Hospital and County Health Care Act to allow coverage for premium and out-of-pocket costs; Senate Bill 105, which would allow New Mexico to join the Social Work Licensure Interstate Compact; Senate Bill 118, which would require the Motor Vehicles Division to create materials explaining how to apply to be an organ donor and distribute to state agencies; House Memorial 53, which would require the Department of Health and the Aging and Long-Term Services Department to update material on Alzheimer’s disease and related diseases; seek federal funding for updating dementia-related public health programs; and create a report for the Legislative Council and governor; House Memorial 56, which would recognize May as “National Maternal Mental Health Awareness Month;” and House Memorial 29, which would require the Legislative Health and Human Services Committee to review driving rules for people with diabetes during the 2025 interim session and develop legislation updating driver’s license requirements for people with diabetes.

[On March 14] the House Education Committee passed Senate Bill 11, which would require local school districts to adopt policies for student cell phone use with guidelines from the Public Education Department. The committee also voted to table Senate Bill 242, the Advancing the Science of Reading Act, introduced by President Pro Tempore Mimi Stewart (D-Albuquerque). The committee debated the bill last week and agreed to roll it while amendments were considered. House Education Committee Chair G Andrés Romero (D-Albuquerque) said last week that he couldn’t promise the bill would be scheduled for a hearing again. One of the big sticking points was over using student outcomes to determine how successful teacher preparation programs are in preparing teachers to use structured literacy.

[On March 14] the House Government, Elections and Indian Affairs Committee passed Senate Bill 299, which would require the Secretary of State to notify the governor, presiding officer of the chambers and the county commissioners within five days of a legislative vacancy in their area; House Bill 292, which would distribute 8% of the general fund’s gross receipts tax collection to the newly created all cities and counties fund; House Bill 456, which would allow state agencies to use a price agreement for architectural or engineering services up to $2 million, not exceeding $15 million over four years; Senate Bill 353, which would amend the Search and Rescue Act establishing response protocols for federal, state, local and tribal agencies when New Mexico Search and Rescue is called to assist in emergencies; House Bill 570, which would amend the Prior Authorization Act of the Insurance Code to restrict prior authorization for chemotherapy, dialysis, elder care and home health care services, as well as for prescribed diabetes and high blood pressure medications; House Bill 618, a dummy bill that would clarify the role of Department of Information when approving information technology projects conducted by state agencies; Senate Bill 507, which would amend the Concealed Handgun Carry Act to create qualifications, licensing procedures and renewal requirements for concealed handgun licenses; and Senate Bill 63, which would describe how the New Mexico state flag is to be retired when no longer used, such as by burning, a private ceremony or public ceremony held by military personnel or a patriotic society. 

“[On March 14] The House Taxation and Revenue Committee passed House Bill 14, which would effectively eliminate the state income tax for about 20,000 families.”

SENATE ACTION

“The Senate Conservation Committee passed House Bill 93, which would allow public utilities to include advanced power grid technology projects in their grid modernization plans; House Bill 284, which would allow fertility control, relocation and adoption of free-roaming horses; and Senate Memorial 3, which would ask three state agencies to come up with a beaver management plan by October.

The Senate Health and Public Affairs Committee passed Senate Bill 146, which would fix language in the Interstate Compact on Educational Opportunity for Military Children; Senate Bill 247, which would require the Public Education Department to publish annually statewide testing results and break them down by race, ethnicity, socioeconomic status and special education status; Senate Bill 315, which would make tortillas the official bread of New Mexico; and Senate Bill 404, which would create greater protections for health records related to reproductive health care, gender-affirming care, mental health care, and alcohol or substance use disorder treatment.

The Senate Judiciary Committee passed Senate Bill 66, which would prohibit criminal convictions from automatically barring an applicant from public employment or a professional license; a substitute version of Senate Bill 166, which redefines defining “harm to self” and  “harm to others,” in state law; Senate Bill 259, which would make third-party vendors helping a charitable organization raise money subject to state regulation; Senate Bill 357, which would create a framework for the state to help  local government infrastructure projects; Senate Bill 364, which would allow people with work authorizations from U.S. Citizenship and Immigration Services to work as police officers; Senate Bill 488, which would strengthen the powers of and make permanent the interim Legislative Health and Human Services Committee; House Bill 47, which would create property tax exemptions for veterans approved by voters in November; and House Bill 214, which would  establish a voluntary credentialing process for doulas, allowing them to enroll as Medicaid providers.

The Senate Tax, Business and Transportation Committee passed House Bill 11, which would create a state-administered paid leave program.

The Senate Finance Committee passed Senate Bill 327, which would create a special “lowrider capital of the world” license plate; Senate Bill 377 which would create a special New Mexico United license plate; and Senate Bill 434, which would require schools to notify parents if their student has having math or reading deficiency.

[On March 14] after lengthy debate, the Senate passed House Bill 5, which would create the Office of the Child Advocate to oversee the Children Youth and Families Department.

[On March 14]  the Senate Rules Committee passed House Bill 84, which would enact the Employee Free Speech Act.

[On March 14] the Senate Finance Committee passed Senate Bill 401, the Broadband for Education bill, which among other facets would move the Statewide Education Network from the Public School Facilities Authority Office of Broadband Access and Expansion.

The link to the full unedited articles are  here:

https://sourcenm.com/2025/03/11/nm-legislative-recap-march-11-where-things-stand-with-12-days-left/

https://sourcenm.com/2025/03/14/nm-legislative-recap-march-14-the-rise-of-the-zombie-bills/

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COMMENTARY AND ANALYSIS

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

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

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

Despite the passage of so few bills, Democratic leaders of both chambers are quick to point out the bills passed so far this year are actually omnibus bills representing months of work by both chambers and parties to tackle the state’s behavioral health and criminal justice challenges in multi-faceted legislation.  Sen. Peter Wirth (D-Santa Fe), the Senate Majority Leader, said this:

“We’ve made great progress in this year’s session. We hit the ground running and met our commitment to deliver a comprehensive behavioral health and public safety package to the Governor in 30 days, and those bills are now signed into law. There hasn’t been early action like that since the ‘rocket docket back’ in 2019.”

Senator Wirth said the Senate’s next priorities include reform of the Children, Youth and Families Department, passing the budget and taking up more public safety bills.  He’s confident that the Legislature will, come closing day March 22, have “delivered meaningful results for the people of New Mexico.”

Camille Ward, spokeswoman for the House Democratic Caucus, echoed the sentiments that lawmakers are “well on track to deliver results” also noting the passage of the behavioral health and public safety packages. Ward said this  in a written statement:

“We will continue at a strong, steady pace in the final days of the session, as many more bills move through the final steps of the legislative process up to the Governor’s desk.”

Republican leaders have  criticized the Democratic majority for delays and refusing to hear bills they sponsored, a tactic that is preventing real anti-crime measures from getting a fair shake.

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

https://sourcenm.com/2025/03/11/nm-legislative-recap-march-11-where-things-stand-with-12-days-left/

MAD DASH TO ADJOURNMENT

Given the extent of legislation reported upon as being voted in committee and still pending final enactment, the legislature is once again faced with its traditional mad dash to the very end over the remaining 8  days of the session.

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

This year, Democrats have a commanding 43-26 majority in the House and a 26-16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing.

Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives  to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.