It has been reported that the City of Albuquerque is modifying and changing its policy for removal of homeless encampments to target the proliferation of homeless encampments along South of the State Fair Grounds on Central and in the International District. The entire South East Heights area South of the State Fair grounds on Central, bordered West by San Pedro and East by Louisiana all the way to Gibson on the South, has become overrun with encampments where literally hundreds of the unhoused are camping on the streets and blocking rights of ways, camping on sidewalks and congregating in alleys and area open space and in neighborhoods. The city and some businesses along central have taken to fencing off an alley way to prevent access and congregating by the homeless where illicit drug use is common.

As winter temperatures set in, the city of Albuquerque wants to “update” further its  implemented homeless encampment removal policy to make it a top priority for removal by city crews tasked with clearing  out encampments along South Central. There is no set date for when the updated encampment policy will take effect but the sooner the better. The Mental Health Response Advisory Committee is scheduled to review the changes and will provide comments on November 19 before finalizing the policy updates.  The draft policy seeks to change the city policy implemented in October 2021 and revised a year later in October 2022.

The City of Albuquerque policy for responding to and removal of unhoused encampments was first adopted in October, 2021 and then revised October, 2022. The link to review the entire 2022 sixteen page  encampment removal policy  is here:

https://www.cabq.gov/health-housing-homelessness/documents/final-fcs-encampment-policy-11-7-22.pdf

The link to review the 10 page  draft of the 2024 updated policy is here:

Click to access 2024-encampment-draft-policy-10-4-24-2-673423104024a.pdf

PROPOSED POLICY CHANGES 

The newest updates to the homeless encampment removal policy changes the priority of what encampments to target first, shortens the timeline for which individuals must be notified of an encampment clearing, and how long they can store their personal items with the city. It also increases training for city officials who approach encampments.

When it comes to the priority of encampments to clear, per the new policy draft, those “within one block of Central Ave,” top the list, followed by encampments within 300 feet of school property and those in city parks. The new policy draft makes encampments within one block of Central to be cleared first followed by encampments within 300 feet of school property and encampments found in city parks and city open space.

The city defines an encampment as “an area where an individual or individuals have erected one or more tent or structures, placed multiple personal items on public property, or otherwise demonstrated an intent to remain in that location for 24 hours or more.”

“Immediate Hazard”  homeless encampment is defined under the existing policy as “a situation where an encampment creates an immediate and articulable risk of serious injury or death to either the residents of the encampment or others. Immediate Hazard includes encampments within 10 feet of any public facility where children are present or children’s programming occurs. Immediate Hazard also includes encampments within the Rio Grande Valley State Park, or any public property where fire restrictions have been imposed.”

In the recent draft of the encampment policy there are still priority encampment categories one through three, one being the most urgent. According to city officials, an “interaction team”, who are people designated by the Department of Health, Housing and Homelessness (HHH)  to respond to encampments, and Albuquerque Community Safety Department (ACS) will offer the homeless resources, including a ride to a shelter. They will also give people notice before clearing the encampment.

The 3 tiers of priority encampments are:

Priority 1 encampments are made up of 17 kinds of encampments,  topped by those near Central, schools and parks, including ones where human feces is present, those in an arroyo, ditch, or irrigation channels, those where access is restricted for an event or permit holder and wherever the city conducts municipal operations, just to name a few examples.

Priority 2 encampments are made up of six types of encampments topped by those within 300 feet of medical care, where individuals have “damaged or destroyed city property,” and where the city has responded to multiple calls for a fire.

Priority 3 encampments pertains to any encampment that doesn’t fit the criteria of the 23 sites explicitly listed.

The draft policy states that before clearing an encampment, “city personnel”, which is defined as any city employee or city contractor, should identify themselves, perform a wellness check and then attempt to educate those in the encampment on where they can get shelter, meals or medical care. The draft policy does call for increased training for each city employee who come into contact with the individuals at an encampment site.

The existing policy lists 9 types of encampments in all. Five are in Priority 1 and four are in Priority 2. The top prioritized encampment sites according to the 2022 policy are those located in a children’s park, near community centers and those “obstructing” streets and sidewalks.

Before removing an encampment, the current and the new draft policy state the city must evaluate how many available shelter beds are available. On November 1 the city announced the creation of a new “dashboard” that tracks the availability of beds at city shelters. On November 12, the city’s shelter tracking board listed 250 available beds of the 1,284 it tracks, 87 of which were at Gateway West.

The link to review the tracking board, which is updated constantly, is here:

https://www.arcgis.com/apps/dashboards/417f1dfbbecf48a5a4efc2ac114591c5

The Gateway West is the old westside jail converted and remodeled into a shelter.  The biggest problem with the Gateway West shelter is that it is 30 minutes from the city’s core, away from many homeless service providers and where many people living on the streets do not want to stay.

If beds are not available at city shelters, the draft policy states that no action should be taken unless the encampment presents an “immediate hazard.” (See above definition of Immediate Hazard homeless encampment). If beds are available and the individual declines the offer of shelter, the city official can proceed with clearing the site. There is no need to notify whether or not an encampment is going to be cleared.

While not requiring notice to clear an encampment deemed an immediate risk, the existing policy allows for 72 hours of notice to be given to those occupying the encampment if they were not present. The new draft allows for only 24 hours of notice for Priority 2 encampments and 36 hours for Priority 3 encampments.

For Priority 1 encampments, the draft policy says the city personnel should give 2 hours’ notice to the individuals at the site but can give even less notice if deemed necessary. They can do this by simply enforcing existing city ordinances.

Late in 2023 and early in 2024, the city, especially its Solid Waste Management Department, came under fire for handling encampment clearings and throwing away unhoused residents’ belongings. The American Civil Liberties Union (ACLU) of New Mexico went so far as to file a class action lawsuit over how the City cleared and closed Coronado Park permanently which had become Mayor Keller’s  de facto city sanction homeless encampment before he decided to close the park because of the extent of violent crime and illicit drug use. Keller declared the park “the most dangerous place in New Mexico”  in the city despite the fact it was Keller who acquiesced in its usage as a homeless encampment.

The city is also changing the timeline for which property can and will be stored. In the existing policy, an individual could store property with the city for 90 days. The draft policy reduces the time to only allows for 14 days.  According to the city, the reason for the reduction in days is that the city could not find a contractor that “was willing to do it for a reasonable price.”

Deputy Chief Administrative Officer Matthew Whelan said this about the proposed changes being made to the policy:

“There’s not a whole lot that’s different other than it just clearly defines different roles for each department, ensuring coverage and outreach coverage. It increases transparency, consistency and accountability. … Routinely, as times change or as things change, you have to take a look at them and change with them.”

“[South Central and the International District] is a really important area, and part of that is just because of the concentration of people that are in that area. … Shelter is a choice, and individuals have the right to refuse it. And what we’ve noticed over time is when you continually offer resources, and you’re continually out there, and you get to know the individual, they’re more likely to take up the resources, they’re more likely to go to Gateway West or the oncoming Gateway Center.”

The link to the relied upon and quoted news source are here:

https://www.koat.com/article/albuquerque-adds-changes-to-encampment-policy/62888573

https://www.abqjournal.com/news/city-could-prioritize-clearing-encampments-near-central-avenue-as-winter-approaches/article_f3815b28-9c8d-11ef-8e14-cb1b1c06aa4c.html#tncms-source=home-featured-7-block

CITY ORDINANCES PROHBITING ENCAMPMENTS

The city has enacted  6 ordinances that prohibits unhoused camping. Those ordinances are:

1. Albuquerque City Ordinance 12-2-3, defining criminal trespass on public and private property.
2. Albuquerque City Ordinance 8-2-7-13, prohibiting the placement of items on a sidewalk so as to restrict its free use by pedestrians.
3. Albuquerque City Ordinance 10-1-1-10, prohibiting being in a park at nighttime when it is closed to public use.
4. Albuquerque City Ordinance 12-2-7, prohibiting hindering persons passing along any street, sidewalk, or public way.
5. Albuquerque City Ordinance 5-8-6, prohibiting camping on open space lands and regional preserves.
6. Albuquerque City Ordinance 10-1-1-3, prohibiting the erection of structures in city parks.

On June 28, 2024 the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws that are said when enforced criminalize homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment. The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks

CITY AND CHARTIABLE SHELTERS

Each year, the city attempts to make changes to improve the encampment removal policy to accommodate changing circumstances.  City officials say the the ultimate goal is to get people into shelters. There are 9 City Shelters operated by the city itself or with partners and 2 operated independently from the city.

The 9 city  shelters are:

1. The Gateway West (the renovated Westside Jail): 630 Total Beds.
2. The Gibson Gateway Center (the remodeled Lovelace Hospital): 50 total beds.
3. The Family Gateway Center: 65 total beds.
4. Berrett Foundation: 19 total beds.
5. Good Shepherd: 35 total beds.
6. HH – Albuquerque Opportunity Center: 57 beds.
7. Safe House: 50 beds.
8. YDI Amistad:16 beds.
9. Gateway First Responder Receiving Area: 10 beds.

TOTAL: 932

The 2 private charitable organization run shelters are:

1. Joy Junction: 290 beds.
2. Steel Bridge: 77 beds

TOTALBEDS: 367

COMBINED TOTAL BEDS: 1,299

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

Mayor Tim Keller and City officials repeatedly say the city has 5,000 homeless but never fully articulate sources for the statistics. The reality is there is an embellishment of the figures by more than doubling an official count.  During a July 29 Town Hall meeting held by Governor Michelle Lujan Grisham on “Public Safety”, Mayor Tim Keller proclaimed the city of Albuquerque is cleaning up and removing upwards of 1,000 encampments a month and he has since said  the city needs  to double the number.

The Point-In-Time (PIT) count is the annual counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. This year’s PIT count occurred on the night of January 29.  On July 31, the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. The 2024 Point In Time survey provides far more information than in past reports on the breakdown, the barriers experienced by the homeless and the effect cleanups have and for that reason the statistics  merit review.   The link to review the entire 62-page 2024 PIT report is here:

 https://www.nmceh.org/_files/ugd/ad7ad8_4e2a2906787e4ca19853b9c7945a4dc9

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 29, 2024 was 2,248. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 1,018
• Transitional Housing: 174
• Unsheltered: 1,056

TOTAL HOUSEHOLDS: 2,248

PERSONS COUNTED IN ALBUQUERQUE

The 2024 PIT survey reported that the total count of PERSONS experiencing homelessness in Albuquerque on January 29, 2024 was 2,740 broken down in 3 categories.

• Emergency Shelters: 1,289
• Transitional Housing: 220
• Unsheltered: 1,231

TOTAL PERSONS: 2,740

UNSHELTERED BREAKDOWN

The data breakdown for the 2024 Albuquerque UNSHELTERED was reported as follows:

• 960 (78%) were considered chronically homeless.
• 727 (22%) were not considered chronically homeless.
• 106 (8.6%) had served in the military.
• 927 (75.3%) had NOT served in the military.
• 669 (56.6%) were experiencing homelessness for the first time.
• 525 (42.6%) were NOT experiencing homelessness for the first time.
• 5% of all respondents said they were homeless due to domestic violence with 49.2% of those being women..
• 4% said they were adults with a serious mental illness.
• 0% said they were adults with a substance abuse disorder.
• 8% said they were adults with another disabling condition.
• 3% were adults with HIV/AIDS.

THOSE WHO MOVED TO NEW MEXICO FROM ELSWWHERE

For the first time, the PIT tried to gage the migration of the unhoused to New Mexico from other states.  Individuals who stated they moved to New Mexico from somewhere else were asked whether or not they were experiencing homelessness when they moved to the State. They responded as follows:

• 82 (24.8%) said they were homeless before moving to the state.
• 212 (63.8%) said they were not homeless before moving to the state.
• 77 (11.4%) refused to answer

BARRIERS TO HOUSING LISTED

Unhoused respondents were asked to list the barriers they are currently experiencing that are preventing them from obtaining housing. The response options were developed during multiple meetings with community planning groups and based on responses to a similar 2023 survey question. The responses were as follows:

• Access to services: 439 responses (42%)
• Access to communication: 263 responses 25%
• Available housing is in unsafe neighborhoods: 119 responses 11%
• Credit issues: 150 responses 14%
• Criminal record: 220 responses 21%
• Deposit/Application fees: 316 responses 30%
• Lack of vouchers (rental subsidies: 333 responses 32%
• Missing documentation: 374 responses 35%
• No housing for large households: 33 responses 3%
• Pet deposits/Pet Rent: 57 responses 5%
• Pets not allowed/Breed Restrictions: 48 responses 5%
• Rental history: 144 responses 14%
• Rental prices: 340 responses 32%
• Safety/Security: 77 responses 7%
• Substance Use Disorder: 283 responses 27%
• Lack of employment: 45 responses 4%
• Disabled: 34 responses 3%
• No mailing address: 31 3%
• Lack of income: 30 3%
• Homeless by choice: 30 responses 3%
• Ineffective service landscape: 25 responses 2%
• Lack of transportation: 14 responses 1%
• Discrimination: 8 responses 1%

ENCAMPMENT CLEANUPS AND REMOVAL

For the very first time, Albuquerque’s Unhoused were asked how many times has their encampment been decommissioned (removed) by the city over  the last year. Following are the statistics:

• 69 reported once
• 98 report twice
• 67 reported three times
• 55 reported 4 times
• 497 report 5 time or more

During the July 29 Town Hall meeting held by Governor Michelle Lujan Grisham on “Public Safety”, Mayor Tim Keller proclaimed the city of Albuquerque is cleaning up and removing upwards of 1,000 encampments a month. Keller gave no further information and his claim appears to be an embellishment when compared to the PIT survey results.

ITEMS LOST AS A RESULT OF CITY CLEAN UPS

The unhouse surveyed were asked what types of items they lost during encampment removals. Losing these items can hinder progress toward housing and cause emotional distress, especially when sentimental items are involved.  The response categories are not mutually exclusive and respondents were allowed to select more than one that applied.

• 81% said they lost their birth certificate.
• 5% said they lost a phone or tablet.
• 4% said they lost personal or sentimental items.
• 5% said they lost prescription medications.
• 9% said they lost social security cards.
• 6 said they lost a state ID or driver’s license.

COMMENTARY AND ANALYSIS

Making South Central and the International District a targeted area for removal of homeless encampments is long overdue. The city needs to enforce its existing city ordinances. The unhoused are not above the law. They cannot be allowed to just ignore the law, illegally camp wherever they want for as long as they want and as they choose, when they totally reject any and all government housing or shelter assistance. The City has every right to enforce its laws on behalf of its citizens to preserve and protect the public health, safety and welfare of all its citizens.

The city has spent,  or is spending,  upwards of $100 million a year on homeless services including two emergency shelters, subsidized housing, food and medical care and drug counseling. The vast number of the chronically unhoused refuse or decline city shelter, housing, services and financial help offered or simply say they are not satisfied with what is being offered by the city.

Unlawful encampment squatters who refuse city services and all alternatives to living on the street, who want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to take action and force them to move on.  Allowing the homeless to use, congregate and camp anywhere they want for as long as they want in violation of city laws and ordinances should never be considered as an option to deal with the homeless crisis given all the resources the city is dedicating the millions being spent to assist the homeless.

The homeless crisis will not be solved by the city nor by Mayor Keller, but it can and must be managed. The management of the crisis is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

Too many elected and government officials and organizations such as the American Civil Liberties Association of New Mexico, have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. No county and no municipality should ever be required to just simply ignore and to not enforce anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws designed to protect the general public’s health, safety and welfare of a community.

Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations, arrests are in order.

The link to a related blog article is here:

Point In Time Survey Reveals ABQ’s Homeless Encampment Clean Up Efforts; City Policy And Process To Remove Homeless Encampments Outlined; More Must Be Done Enforcing Vagrancy Laws As Allowed By The United States Supreme Court

It was President Franklin D. Roosevelt who worked feverishly to pull the nation out of a depression during his first 100 days in office that started the timestamp which  has been used by Presidents since then to establish and to implement their agenda.  It has now been one full week since Donald Trump was elected President for a second time. Inauguration day is January 20, 2025 when Trump will be sworn in as the nation’s 37^th President and his 100 day agenda is already emerging.

For months, Trumps allies have been working to prepare a series of executive orders that will help Trump carry out his aggressive conservative Republican agenda. Trump’s allies in Congress, including House Speaker Mike Johnson have promised to act quickly and “aggressively” to advance Trump’s political  agenda once he is sworn in. Republicans will control the Senate and its more likely than not that they will also control the House once all the races are called.

THE TRUMP AGENDA

Donald Trump has said he would not  be a dictator “except for Day 1.” His closest advisors, supporters and congressional Republicans are already gearing up making plans, drafting legislation and preparing  Presidential Executive Orders to accomplish his agenda within the first 100 days of taking office.  According to his own statements, Trump will do a lot on his  first day in the White House. His list includes starting up with the mass deportation of migrants, rolling back Biden administration policies on education, reshaping the federal government by firing potentially thousands of federal employees he believes are secretly working against him, and pardoning people who were arrested for their role in the riot at the Capitol on Jan. 6, 2021.

This article is an in depth discussion on what Trump has said he will do on his first day in office and during his second term. This article has been gleaned from various news sources which are edited, consolidated and quoted for the sake of brevity.  The links to all the articles relied upon and quoted with authorships are listed at the end of the article and before final Analysis and Commentary.

THE DAY ONE AGENDA

President Trump has already announced an aggressive day one agenda. That agenda can be summarized as follows:

TRUMPS PENDING CRIMINAL CASES

Trump has said that “within two seconds” of taking office that he would fire Special Counsel Jack Smith  who has been prosecuting two federal cases against him. Smith is already evaluating how to wind down the cases because of long-standing Justice Department policy that says sitting presidents cannot be prosecuted. Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate in Florida.

Trump cannot pardon himself when it comes to his state conviction in New York in a hush money case, but he could seek to leverage his status as president-elect in an effort to set aside or expunge his felony conviction and stave off a potential prison sentence. The Georgia case, where Trump was charged with election interference, will likely be the only criminal case left standing. It would probably be put on hold until at least 2029, at the end of his presidential term. The Georgia prosecutor on the case just won reelection.

PARDONING JANUARY 6 INSURRECTIONISTS

More than 1,500 people have been charged since the mob of Trump supporters attacked the Capitol on January 6, 2021 and where at least 5 people were killed.  Trump launched his general election campaign in March by not merely trying to rewrite the history of that riot, but positioning the violent siege and failed attempt to overturn the 2020 election as a cornerstone of his bid to return to the White House. As part of that, he called the rioters “unbelievable patriots” and promised to help them “the first day we get into office.”

As president, Trump can pardon anyone convicted in federal court, District of Columbia Superior Court or in a military court-martial. He can stop the continued prosecution of rioters by telling his attorney general to stand down. Trump said on his social media platform:

“I am inclined to pardon many of them. … I can’t say for every single one, because a couple of them, probably they got out of control.”

DISMANTLE THE ‘DEEP STATE’ OF GOVERNMENT WORKERS

Trump is fully expected on his first day in office to begin the process of stripping tens of thousands of career employees of their civil service protections, so they could be more easily fired.  Trump  wants to do two things:

1. Drastically reduce the federal workforce, which he has long said is an unnecessary drain.
2. “Totally obliterate the deep state” who Trumps  perceives as the “enemies from within” and who he believes are hiding in government jobs.

The federal government bureaucracy has thousands of political appointed professionals who come and go with administrations. There are tens of thousands of “career” officials, who work under Democratic and Republican presidents. They are considered “apolitical” workers whose expertise and experience help keep the government functioning, particularly through transitions.

Trump wants the ability to convert some of those career people into political appointment jobs, making them easier to dismiss and replace with loyalists. He would try to accomplish that by reviving a 2020 executive order known as “Schedule F.” The purpose of the order is to strip job protections from federal workers and create a new class of political employees. It could affect roughly 50,000 of 2.2 million civilian federal employees.

President Joe Biden rescinded the order when he took office in January 2021, but Congress failed to pass a bill protecting federal employees. The Office of Personnel Management, the federal government’s chief human resources agency, finalized a rule last spring against reclassifying workers, so Trump will likely  have to spend several months or even years unwinding it.

Trump has said he has a particular focus on “corrupt bureaucrats who have weaponized our justice system” and “corrupt actors in our national security and intelligence apparatus.”  Beyond the firings, Trump wants to crack down on government officials who leak to reporters. He also wants to require that federal employees pass a new civil service test.

PURGING THE DEPARTMENT OF JUSTICE

On November 11, an attorney helping President-elect Donald Trump assemble his new administration warned career employees at the U.S. Justice Department that they could be fired if they tried to resist the Trump’s agenda. Mark Paoletta, an attorney at Schaerr Jaffe who is leading Trump’s Justice Department transition team, in a post on X said this:

“If these career DOJ employees won’t implement President Trump’s program in good faith, they should leave. Those employees who engage in so-called ‘resistance’ against the duly-elected President’s lawful agenda would be subverting American democracy. … Those that take such actions would be subject to disciplinary measures, including termination.”

The post on X came in response to a Politico news article which reported that many Justice Department career attorneys, civil servants who typically remain in their posts from administration to administration regardless of which party holds the White House,  are alarmed by what a second Trump presidency will mean.

https://www.usnews.com/news/top-news/articles/2024-11-11/trump-transition-official-warns-justice-dept-staff-against-resistance

It’s likely the purge of the Department of Justice will begin with Trump issuing blanket terminations of every single United States Attorney in the United States, which is a common practice of any new President and which Trump did 8  years ago. The Difference is Trump will likely reach out and appoint like minded private attorneys willing to do his bidding without question and who will give him 100% loyalty to his agenda including prosecuting political opponents.

PURGING THE PENTAGON

Trump is expected to have a far darker view of his military leaders in his second term, after facing Pentagon resistance over everything from his skepticism toward NATO to his readiness to deploy troops to quell protests on U.S. streets. Trump’s former U.S. generals and defense secretaries are among his fiercest critics. Many branded  him a fascist and declared  him unfit for office and supported Vice President Kamala Harris. Angered, Trump has suggested that his former Chairman of the Joint Chiefs of Staff, Mark Milley, could be executed for treason after he labeled Trump a fascist.

Donald Trump’s longest-serving chief of staff John Kelly, who is a  retired Marine general, warned that Trump meets the very definition of a fascist and that while in office, Trump suggested that Natzi leader Adolf Hitler “did some good things.”  Kelly made the remarks in interviews with both The New York Times and The Atlantic.  Kelly said in his interview with The New York  Times that Trump met the very  definition of a fascist. After reading the definition aloud, including that fascism was “a far-right authoritarian, ultranationalist political ideology and movement characterized by a dictatorial leader,” Kelly concluded Trump “certainly falls into the general definition of fascist, for sure.”

Current and former U.S. officials say Trump will prioritize loyalty in his second term and root out military officers and career civil servants he perceives to be disloyal. Culture war issues could be one trigger for firings. Trump was asked by Fox News in June whether he would fire generals described as “woke,” a term for those focused on racial and social justice but which is used by conservatives to disparage progressive policies.  “I would fire them. You can’t have (a) woke military,” Trump said.

Some current and former officials fear Trump’s team could target the current chairman of the Joint Chiefs of Staff, Air Force General C.Q. Brown, a widely respected former fighter pilot and military commander who steers clear of politics. The four-star general, who is Black, issued a video message about discrimination in the ranks in the days after the May 2020 murder of George Floyd by a police officer in Minneapolis, and has been a voice in favor of diversity in the U.S. military.

Asked for comment, Brown’s spokesperson, Navy Captain Jereal Dorsey, said: “The chairman along with all of the service members in our armed forces remain focused on the security and defense of our nation and will continue to do so, ensuring a smooth transition to the new administration of President-elect Trump.”

Trump’s vice president-elect, J.D. Vance, voted as a senator last year against confirming Brown to become the top U.S. military officer, and has been a critic of perceived resistance to Trump’s orders within the Pentagon.  “If the people in your own government aren’t obeying you, you have got to get rid of them and replace them with people who are responsive to what the president’s trying to do,” Vance said in an interview with Tucker Carlson before the election.

https://www.reuters.com/world/us/how-trump-presidency-could-lead-purge-pentagon-2024-11-10/

IMPOSE TARIFFS ON IMPORTED GOODS

Trump promised throughout the campaign to impose tariffs on imported goods, particularly those from China. He argued that such import taxes would keep manufacturing jobs in the United States, shrink the federal deficit and help lower food prices. He also cast them as central to his national security agenda. The size of his pledged tariffs vary greatly.

Trump says he will impose between a 10% and 20% across-the-board tariff on all $3 trillion worth of U.S. goods imports and a 60% tariff on all Chinese goods. That would dramatically expand the duties he imposed during his first term on tens of billions of dollars worth of steel and aluminum and more than $300 billion worth of Chinese goods.

Trump will  not need Congress to impose these tariffs, as was clear in 2018, when he imposed them on steel and aluminum imports without going through lawmakers by citing Section 232 of the Trade Expansion Act of 1962. That law, according to the Congressional Research Service, gives a president the power to adjust tariffs on imports that could affect U.S. national security, an argument Trump has made. Regardless, Congress will be controlled by Republicans and he could just as easily get their approval.

Trump is  expected to take an aggressive stance in the six-year-review of the U.S.-Mexico-Canada Agreement, which his first administration negotiated to replace NAFTA. That review officially begins in 2026, but the countries are already preparing for it. Trump will likely  threaten tariffs to pressure Mexico on immigration, as he did in 2019 using IEEPA.

Other possible actions, like revoking permanent normal trade relations with China or imposing a carbon-border adjustment tax, would require congressional approval. Congress could also take up trade and tariff issues as part of legislation to renew Trump’s 2017 tax cuts, which expire next year. Trump has talked about using the import tax both as a way to raise revenue and to reduce the U.S. trade deficit.

DRILL,  BABY,  DRILL

On Day 1 when he gets into office,  Trump  has pledged to increase production of U.S. fossil fuels, promising to “drill, drill, drill” and seeking to open the Arctic wilderness to oil drilling, which he claims would lower energy costs.  With an executive order on Day 1, Trump can roll back environmental protections, halt wind projects, scuttle the Biden administration’s targets that encourage the switch to electric cars and abolish standards for companies to become more environmentally friendly. Trump wants  to reverse climate policies aimed at reducing planet-warming greenhouse gas emissions.

REVERSAL OF BIDEN’S CLIMATE CHANGE AGENDA

As soon as he takes office on January 20, Trump is expected to reverse work on President Joe Biden’s aggressive climate change agenda that aimed to reduce fossil fuel use and reduce greenhouse gas emissions. Trump has vowed to save the nation’s aging fleet of coal-fired power plants and boost production of oil and natural gas, although the U.S. is already producing those fuels at record levels, especially in New Mexico.

The process of repealing and replacing Biden’s rules will likely be difficult and lengthy. There are some added twists this time around on key climate rules. Trump’s power plant climate rule was struck down in 2021. Trump’s rule would have required coal-fired power plants make minor adjustments to improve their efficiency. A federal appeals court said the Environmental Protection Agency should have at least considered other regulatory possibilities such as carbon capture, the technology that now forms the basis of Biden’s replacement rule. That 2021 court ruling has technically been vacated, but it’s something his legal team may keep in mind moving forward.  Trump also can not  completely repeal Biden’s big methane rule that requires the oil and gas sector to crack down on its leaks of the potent greenhouse gas. Trump did a full repeal in his first term, but Congress since then has essentially required EPA to regulate.

FOREIGN POLICY AGENDA

There is little doubt that Trump will be forced immediately to deal with foreign policy and Russia, Ukraine, Israel, Iran and China.  Trumps  approach is far from certain to be successful and poses the real risk of making things even worse, especially in the Ukraine and Israeli wars.

STOPPING THE RUSSIAN AND UKRAINE WAR  ON DAY ONE

Russia invaded Ukraine nearly 3 years ago. Trump, who makes no secret of his admiration for Russian President Vladimir Putin, has criticized the Biden administration for giving money to Ukraine to fight the war. Trump was impeached the first time when he was accused of  threatening to withhold funding from Ukraine in exchange for concessions and information on Hunter Biden.  There is a stark possibility that he will ask congress to cease all funding to Ukraine. Trump when asked if he wanted Ukraine to win the war, he wouldn’t answer. He’s blamed Ukraine’s president, Volodymyr Zelenskyy, for the war and threatened to stop investment in the country, despite the fact that it was Russian President Vladimir Putin who invaded Ukraine and annex portions of the country.

Trump has repeatedly said he will end the  war between Russia and Ukraine on one day.  At a CNN town hall in May 2023, Trump said this: “They’re dying, Russians and Ukrainians. I want them to stop dying. And I’ll have that done.  I’ll have that done in 24 hours.”  Trump has boldly proclaimed he will  end of the war will  after he mets with Ukrainian President Volodymyr Zelenskyy and Putin, simply presuming  they will meet wit him and make concessions. Russia’s U.N. ambassador, Vassily Nebenzia, when asked to respond to Trump’s  boast said “the Ukrainian crisis cannot be solved in one day.”

ISRAEL

Trump has said that he wants Israeli Prime Minister Benjamin Netanyahu to end the war in Gaza by January before he returns to office.  Trump’s views on Gaza and the West Bank diverge significantly from those of President Biden. Where Biden has pushed for Israeli troops to ultimately leave Gaza and for Netanyahu to agree to a two-state solution, Trump has previously pushed a plan that would allow Israel to gain greater control over the Palestinians. In that plan, Trump vowed to help guide $50 billion in international investment toward the Palestinian people, helping it prop up their economy. Trump’s son-in-law Jared Kushner was heavily involved in Trump’s Middle East policy under the last administration, helping formulate the plan for Israel and the Palestinians and brokering the Abraham Accords, a deal in which Bahrain and the UAE recognized Israel’s sovereignty. Kushner has shown no signs that he will be actively involved in a second administration, at least not publicly.

IRAN

Trump’s first administration took a strong stance against Iran. He implemented what was then dubbed a “maximum pressure” campaign to heavily sanction Tehran and deprive its economy of the ability to grow. The sanctions also targeted top commanders of the Iran Revolutionary Guard Corp and other high-ranking officials. Trump gave the orders for killing former IRGC Commander Qassem Soleimani in a strike in January 2020. Angered by Soleimani’s death, Iran and its proxies have since vowed revenge and have even made threats to assassinate the president-elect.  Three  individuals connected to Iran have been indicted over plotting to assassinate Trump.   Trump’s stance toward Iran is likely to influence how he approaches the wars in Gaza and Lebanon, as well as his broader Middle East policy. While Trump and Netanyahu have not been on the best of terms, it’s likely that whatever policy Trump implements to deal with Tehran and its proxies will include a significant bump in support for Israel.

CHINA

Trump’s China policy was largely built on his broader “America First” stance. His first administration sought to reign in Chinese aggression in the trade sector, implementing harsh penalties for intellectual property theft. During his first term, Washington sought to reduce America’s alliance on Beijing and to blunt the country’s technological advancements. Trump is likely to  reinstate the policy to continue it. The trickiest part for Trump will likely be how to manage an aggressive U.S. stance toward China without provoking Beijing and jeopardizing Taiwan.

MASS DEPORTATIONS OF MIGRANTS

Speaking at his Madison Square Garden rally in New York and making his closing statements of his campaign, Trump said this:

“On Day 1, I will launch the largest deportation program in American history to get the criminals out. I will rescue every city and town that has been invaded and conquered, and we will put these vicious and bloodthirsty criminals in jail, then kick them the hell out of our country as fast as possible.”

Trump has vowed to build detention camps, implement mass deportations at a scale never seen, hire thousands more border agents, funnel military spending toward border security and invoke the Alien Enemies Act of 1798 to expel suspected members of drug cartels and criminal gangs without a court hearing. Trump has said he would end “catch-and-release”, which is  the release of migrants into a U.S. community while they await their immigration court hearings, and restore his Remain in Mexico policy from his first term that required asylum seekers to wait in Mexico while their cases were processed.

Trump  has sidestepped questions about whether or not he would try to bring back his controversial zero-tolerance policy, the family separation policy that placed roughly 5,000 children in the custody of the Office of Refugee Resettlement and sent them to shelters and foster homes across the country while their parents were criminally prosecuted for crossing the border illegally.  Trump announced the appointment of Tom Homan, his former acting Immigration and Customs Enforcement director, “in charge of all Deportation of Illegal Aliens back to their Country of Origin,” a central part of his agenda.

There are  nearly 15  million people who are believed to be in the United States illegally. Trump can direct his administration to begin the effort to deport them the minute he arrives in office, but it’s much more complicated to actually deport. That will  require a huge, trained law enforcement force, massive detention facilities, airplanes to move people and then there is the matter if  nations will be willing to cooperate and accept them back.

The Wall Street Journal has put a cost on that process: Citing the American Immigration Council, the Journal reported the cost $88 billion a year, totaling around $968 billion over the next decade, partially due to the estimated numbers, which range from 10 million to 20 million people.  According to the Wall Street Journal

“Any deportation effort requires enormous resources to hire more federal agents to identify and arrest immigrants, contract out space to detain them and procure airplanes to fly them to other countries.”

Trump has said he would invoke the Alien Enemies Act. That rarely used 1798 law allows the president to deport anyone who is not an American citizen and is from a country with which there is a “declared war” or a threatened or attempted “invasion or predatory incursion.” Trump  He has spoken about deploying the National Guard, which can be activated on orders from a governor. Stephen Miller, a top Trump adviser, said sympathetic Republican governors could send troops to nearby states that refuse to participate.

Asked about the cost of his plan, Trump told NBC News this:

“It’s not a question of a price tag. It’s not — really, we have no choice. When people have killed and murdered, when drug lords have destroyed countries, and now they’re going to go back to those countries because they’re not staying here. There is no price tag.”

RELATIONS WITH MEXICO

During his first presidential campaign in 2015, Trump blamed Mexico for taking US jobs while exporting drug traffickers, rapists and murders. Mexico’s business leaders felt they weathered the first Trump storm relatively well. Some believe President Claudia Sheinbaum can follow the playbook that worked for her predecessor Andrés Manuel López Obrador which was don’t criticize Trump and give him what he wants on migration.

A second Trump administration poses far more serious challenges for Mexico, the biggest trading partner of the US. Business leaders and experts on the bilateral relationship fear that the fledgling Sheinbaum government is not well placed to navigate them. Trump will be a more powerful president this time around, with  majorities in both houses of Congress.  He will be determined to press a harder bargain with his weaker southern neighbor, which is suffering from drug-related violence and sluggish growth.

Andrés Rozental, a former Mexican deputy foreign minister said this:

“Trump redoubled is much more difficult to deal with . . . he is a bully, and [Sheinbaum] is an inexperienced national politician. … I get the impression that it’s going to be a lopsided relationship, with the Americans demanding constantly more from Mexico, and Mexico being unable to commit or even to make a major difference.”

Trump’s campaign threats of blanket tariffs, inducements to US companies to bring production back home, the mass deportation of around 11million illegal migrants and the designation of drug cartels as terrorist groups, will hit Mexico disproportionately hard. Around half the migrants living without papers in the US are Mexican, Mexico is home to two of the world’s biggest and most feared drug cartels, and the country depends on the US market for 83%  of its exports.

Mexico’s first female president has said little so far about how she plans to deal with Trump, other than that there was “not a single reason to worry” about the countries’ “good relationship”. Sheinbaum spoke with Trump  saying the call was “very cordial”. Sheinbaum said Trump brought up the border and that she told him there would be a time to discuss it.  Arturo Sarukhán, a former Mexican ambassador to the US and Washington-based consultant, said that while Mexican President Sheinbaum  is confident that there  is “not a single reason to worry” what’s important to understand is “how a profoundly misogynistic man like Donald Trump will interact with the first woman president of Mexico”.

TRUMP’S 100 DAY AGENDA

Trumps 100-day agenda is just as aggressive as what he has promised to do on day one.  Following are the highlights of Trump’s agenda:

HEALTH CARE AND ABORTION

Simply put, Trump intends to turn the nation’s  health policy upside down. He has promised to let vaccine skeptic Robert F. Kennedy Jr. “go wild” with health in his administration. A major health role for Kennedy would shift the Republican agenda away from policy debates over legislation and regulation toward a more fundamental one about the government’s role in medicine.

Kennedy has touted the debunked claim that vaccines cause autism, written a book accusing former NIH official Anthony Fauci of conspiring with tech mogul Bill Gates and drug makers to sell Covid vaccines, and launched a movement to “make America healthy again” by replacing officials at agencies he says are captives of the industries they regulate, eliminating “toxic additives and pesticide residues” in food, promoting alternative medicine and ending fluoridation of public water.

On abortion, Trump has tried to distance himself from his role in appointing three of the Supreme Court justices who overturned Roe v. Wade. He not only denied that he would seek federal legislation to ban or restrict abortion but also said he’d veto any ban that reached his desk.  Regardless, Trump won’t move to codify abortion protections under Roe or otherwise seek to make the procedure more accessible in states that have restricted it.

On Obamacare, even conservative health policy analysts who’d like to repeal the Affordable Care Act are saying that will not happen. Instead,  Trump will focus on loosening regulations on insurers and targeting specific elements of the law for repeal or reform. Vice President-elect JD Vance wants to cut costs for healthy, younger people by allowing them to sign up for insurance based on the health risks they face. That could increase prices for older people and those with pre-existing conditions, who are shielded from risk-based pricing under Obamacare.

Trump supported allowing Medicare to negotiate drug prices in his 2016 campaign but later backed away. Now he’s in charge of ongoing negotiations Congress mandated in the 2022 Inflation Reduction Act, which are supposed to include dozens of new drugs during his term. Every Republican lawmaker voted against that law. Trump’s Justice Department is now tasked with defending it against pharmaceutical company challenges in court.

RACE AND GENDER IN SCHOOLS

The 2024 Republican platform vowed to cut federal funds for schools that teach about race and gender and bar transgender women from women’s sports teams. Trump during the campaign made outlandish and false claim that schools were engaged gender reassignment surgery of children without parental consent and that parents sent their kids to school as one gender, and they would return home as another gender. Republican ads ran all over the country in hotly contested congressional races, including the New Mexico Second Congressional District race between Gabe Vasquez and Yvette Harrel, where Democrat incumbents were accused of favoring transgender women playing in women’s sports teams.

Trump could accomplish many of his promises to cut federal funds for schools that teach about race and gender in his next administration, even without Congress. He has threatened to pull federal money for schools that teach certain race-related curriculum, which he could do by directing his Education Department’s Office for Civil Rights to launch investigations into schools with these classes and yank their funding.

His previous administration followed a similar playbook. Former Education Secretary Betsy DeVos’ civil rights office determined that letting transgender women play on women’s teams violated a federal anti-discrimination law known as Title IX. She used the policy to threaten a local school board with legal action or a loss of funding.

Trump has promised to overhaul Title IX and to restore a 2020 rule that guided how schools respond to reports of sexual misconduct. The Biden administration rescinded the rule, a move that’s been tied up in court. A new rule could go much further to include clarifications on what “sex” means and determine whether transgender students can play on sports teams or use facilities that align with their gender identity.

Trump has also promised civil rights investigations into schools that use race in admissions and vowed to reinstate his 1776 Commission, which seeks to “promote fair and patriotic civics education.”

DEREGULATING HOUSING INDUSTRY

Trump has pledged to ease regulations to help builders boost the supply of housing in a bid to bring down costs. The Republican National Committee also endorsed the idea of selling off federal lands for the construction of housing, which Utah Republicans have pushed in Congress.  The first Trump administration worked to recapitalize Fannie Mae and Freddie Mac, the two government-controlled companies backing roughly half of the nation’s residential mortgages. But the plan to eventually release and privatize the government-sponsored enterprises ran aground when the pandemic struck. Now, depending on who Trump picks to lead the Treasury Department and the Federal Housing Finance Agency, the administration Trump may have another shot.

TAXATION

Tax cuts worth $4.6 trillion from Trump’s first term are set to expire at the end of 2025. Trump has pledged to make those tax cuts permanent, while at the same time proposing wide-ranging new cuts.  Those new tax cuts Trump promised include ending taxation of tips,  allowing a deduction for auto-loan interest and no taxation of social security.

It will be Congress that will  have to figure out which of Trumps proposals are doable. Congress will have to try to come up with the money to reup Trump’s expiring tax cuts.  The blunt reality is that those breaks mostly affect individual taxpayers, and nearly everyone’s taxes would rise if they are allowed to lapse at the end of next year.

The Republican congress  will have to determine how much in total they intend to spend on a tax bill. They are deeply divided over what to do about the government’s $2 trillion deficit. Trump wants to finance income tax cuts with tariff increases. It’s true that protectionist sentiment is on the rise in Congress, but many lawmakers are likely to balk at the steep tariffs Trump has proposed.

Republicans might also try to rescind Democrats’ green energy tax breaks, though some have become fans of the provisions, so that could be difficult as well. There are other, more gimmicky, ways Republicans could try to reduce costs, like a shorter extension of their tax cuts.

Links to all relied upon and quoted news sources with authorships provided are here:

https://apnews.com/article/trump-day-1-priorities-deportations-drilling-ukraine-6747c6e64b0440978f59450b928f61d1

https://www.politico.com/news/2024/11/06/donald-trump-second-term-policies-00187157

https://time.com/7174809/donald-trump-second-term-day-one-agenda-executive-orders-policies/

https://www.npr.org/2024/11/06/nx-s1-5181800/2024-election-trump-first-100-days-agenda

https://www.audacy.com/krld/news/national/what-to-expect-from-trumps-first-100-days-in-office

https://www.newsweek.com/donald-trump-first-100-days-1982833

https://www.ft.com/content/637b9511-6f16-460b-bc09-32e07c064f5a

https://www.cnn.com/2024/11/06/politics/second-term-donald-trump/index.html

https://www.msnbc.com/the-beat-with-ari/watch/what-will-trump-do-in-second-term-experts-decode-2025-plan-and-first-clues-after-win-223950917667

ANALYSIS AND COMMENTARY

It was the economy that swept Trump to a decisive victory. Exit polls showed that the voting public were extremely disgruntled  with the direction the country is going, with inflation out of the control  and the economy. Voters were far more were concerned about making a decent living, angered over grocery and gas prices, as opposed to any threat Trump posed to democracy. Voters simply believed they were better off when Trump was President the first time. Voters chose to forget the 4 years of total chaos Trump brought upon the county and his failure to deal with the pandemic that had a strangle hold on the country and that destroyed the economy.

In the end, voters simply ignored Trumps flawed character, the multimillion dollar civil judgements against him for sexual assault, his criminal conduct while in office, his fraud in securing of loans, the  multiple state criminal convictions and pending federal criminal charges, his two impeachments, his misogyny and racism, his threat to democracy, his attempt to overthrow the government with all his lies that the election was rigged and stolen from him, his attacks on woman’s rights and civil rights, his allegiance to racists groups such as the Proud Boys, his promotion of racist policies and his cult following of Christian fundamentalist who totally ignored his immorality, multiple marriages and affairs and praised him as the second coming.

Trump will be our President come January 20 and there will be a peaceful transfer of power, unlike 4 years ago when Trump promoted an insurrection. The country will get the President it has elected. It is more likely than not Trump and his Republican Party will overreach with all they want to do to dismantle government already declaring they have a mandate to do whatever they damn well want with no guard rails. There will be no checks and balances from congress.  There will be no intervention from the Trump appointed Supreme Court of right-wing conservative disciples who have given him immunity from prosecution making him above the law.

Trumps agenda will go way beyond what people thought they were voting for which is a better economy and a better future. It’s not at all likely voters will be any better off financially than they are now in two years under a Trump second presidency let alone the 4 years to come. It may be the “economy stupid” but in reality a President can do little to bring down the cost of goods and services which is subject to the laws of supply and demand, and corporate profits and sure greed.

It’s only a matter of time before the general public turns on Trump as they did 4 years ago once  they realize they have been had once again. They did the same to Republican  President George W. Bush after he was elected by a popular vote as well and the Republicans lost congress. It will happen again.

Voters have now voted for the return of chaos. Based on Trump’s agenda, chaos is exactly  what we will get with millions getting hurt in the process. This is what happens when the big lie replaces reality.

The link to a related article is here:

Der Führer Trump’s Radical Second-Term Agenda: An Imperial Presidency Wielding  Executive Power In Unprecedented Ways Reflecting American Fascism; Election News Updates

Each Veterans day, I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. The United State was at war with Italy during World War II. My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Fresques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to anyone. My Uncle Fred was awarded 3 bronze stars and the purple heart for his war time service.

After the war, Uncle Fred returned to Albuquerque and raised his family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father in law, George W. Case, who passed away in 2015  at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father in law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father in law George Case returned to Albuquerque was married to my mother in law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owned a liquor store for a few years and then went on to build, own and operate the Old Town Car wash and was in the car wash industry for a number of years.

My nephew Dante Dinelli, was born and raised in Albuquerque and joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and then  worked in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline and my brother in law Marvin, who is an APD Police officer, were born and raised in Albuquerque and went to Bosque Prep. Both Mathew and Brandon are in the United States Marine Corps and both are climbing the promotion ladder. My nephew Major Brandon Barnes is a graduate of the US Naval Academy.  My nephew Lt. Colonel Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices will never be forgotten. God bless you all and God Bless the United States and all of our freedoms you fought for to protect this great democracy.

On Sunday, November 3, the Albuquerque Journal published the following guest editorial submitted by Bernalillo County District Attorney Sam Bregman

HEADLINE: “Childrens Code Must Be Overhauled, Updated To Address Alarming Stats On Juvenile Crime”

Juvenile crime in Bernalillo County and across the country is currently at unacceptable levels. Specifically, juveniles committing violent crimes with guns — it is the one thing that keeps me up at night.

Earlier this month, I was at the sentencing of Josef Toney, who was sentenced to 45 years in prison. He was just 15 years old when he killed two young mothers in an attempted armed robbery.

There are far too many stories like Josef Toney’s and there are far too many victims and people who have been killed by juveniles in our community. Those victims of violence and their families have had their lives destroyed. The juvenile’s life is now likely ruined as well.

Here are some statistics that highlight this dangerous situation. Since January 2023, when I became district attorney, there have been more than 1,400 juvenile cases referred to our office. We have charged a staggering 24 juveniles with murder; there have been 374 cases involving juveniles with guns; 48 armed robberies; 42 rapes; and 65 cases where kids have been charged with shooting at or from a motor vehicle or dwelling.

From 2022 to 2023, there was a 57% increase in cases referred to our office that involved kids with guns. So far in 2024, we already have 119 felony juvenile cases involving a firearm.

These alarming statistics on juvenile crime ultimately draw attention to our state’s existing juvenile laws: The Children’s Code.

New Mexico’s Children’s Code was last updated in the previous century. This was over 30 years ago; before the iPhone was even invented. After seeing clear trends of escalating violence among our youth and witnessing every day how our juvenile justice system is not working, the Bernalillo County District Attorney’s Office took it upon ourselves to do a thorough review of the Children’s Code.

We have completed that review and have developed a comprehensive rewrite of the Children’s Code, focusing on the Delinquency Act. Along with these efforts, we have also implemented policies within the office to address the issue of kids with guns. For instance, if a juvenile is caught with a firearm and charged, this office will not consider any plea discussions unless and until the juvenile discloses where they got the gun. As a result of this policy, our office has learned that a majority of juveniles are getting firearms on the dark web.

We have also taken preventative measures where we can. I have personally visited more than a dozen schools and talked to thousands of students about the consequences of gun violence.

Our efforts alone, however, will not end juvenile gun violence. Working together, as a community and a government, will make a difference, though. The intention of updating the Children’s Code is not to unreasonably or unjustly punish juveniles. I will emphasize again; we do not want to throw away the key when it comes to juveniles.

In fact, to the contrary, we want to ensure there are measures in place where there is accountability and there are consequences when juveniles first enter the criminal justice system. We no longer want their first consequence to be when they are charged and sentenced for murder.

For this important upcoming 2025 legislative session, we are asking the Legislature to consider making 36 changes to the Children’s Code. These are a few of our priorities:

The first priority is to expand the list of crimes where we can charge a juvenile as an adult. Currently, the only crime you can charge a juvenile as an adult is first degree murder. We want to expand that 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.

These are violent, adult crimes. Those who commit these crimes should be treated as such.

Our second priority is extending jurisdiction for juveniles to 25 years of age. 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 for these young people to get the treatment and supervision they need, while also monitoring the progress they are making.

This additional supervision will be life-changing for many young people in our community. As an example, this year our office formed a Gun Team focusing on gun crimes involving 18- to 25-year-olds. In just six months, this team launched more than 100 cases, many offenders with an existing juvenile record. Extending juvenile jurisdiction to 25 would be another tool to help prevent future crime and ensure young people are on the right track.

Our third priority is to allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.

Another priority is filling a gap in the law when it comes to teens with guns. 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. We propose addressing this discrepancy by updating language from “handgun” to “firearm,” which will include assault rifles. We also propose increasing the penalty for this crime from a misdemeanor to a fourth-degree felony.

Other proposed amendments will include moving a person to an adult facility once they reach the age of 18. I believe that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because we do not want an 18-year-old in custody with a 13-year-old.

Our office also believes in transparency. The public has the right to know what is happening in juvenile court and in our criminal justice system. Currently, due to statutory boundaries, as a public office we are limited in sharing certain information, even when it comes to violent juvenile offenders.

We propose changing that and informing the public about what is going on in their communities. We are not talking about kids stealing bubblegum; we are talking about young people committing violent crimes. Again, the public has the right to know.

Addressing and preventing violent juvenile crime is not something that we can do by ourselves – not the district attorney’s office, not the Legislature, and not the executive. The entire community and state must make juvenile crime a priority during the upcoming 2025 legislative session.

It will take everybody’s involvement and collaboration to work through this terrible problem, for the safety of our community and the safety of our children.

https://www.abqjournal.com/opinion/opinion-childrens-code-must-be-overhauled-and-updated-to-address-alarming-stats-on-juvenile-crime/article_13d00d1c-959e-11ef-bf97-f345747bc6d6.html

The link to a related Dinelli blog article is here:

DA Sam Bregman Seeks Major Updating Of Children’s Code To Deal With Juvenile Crime Crisis; The Challenge Is “What Is In Best Interest Of Child And Family” Versus “Punishment And Rehabilitation”; Legislature Should Follow Bregman’s Lead And Update Children’ Code

The 2025 legislative session is a 60-day session.  It begins January 21 and ends on March 22, 2025.  On October 23, Bernalillo County District Attorney Sam Bregman flanked by representatives of the Albuquerque Police Department (APD) and the Bernalillo County Sheriff’s Office (BCSO), called upon the New Mexico Legislature  to make major  changes to what he referred to as an “outdated and weak” Children’s Code.

Bregman said it’s time to make changes to the “Delinquency Act” of the Children’s Code.  The last time state lawmakers reworked New Mexico’s juvenile justice laws was back in 1993, over 30 years ago. Some of his proposals have previously been presented to lawmakers.

Bregman said this:

“Juvenile crime is currently at unacceptable levels in Bernalillo County, specifically juveniles committing violent crimes with guns. It is, without a doubt, the one thing that keeps me up at night. … It’s not working, the children’s code is not working, our children’s criminal justice system is not working.”

This blog article is an in depth analysis of the proposed changes to the Children’s Code. The ultimate question that must be addressed is what is in the best interest of the child and keeping a family together versus punishment, incarceration and making sure justice is served.

PROPOSED CHANGES

Under the existing Children’s Code, a “Serious Youthful Offender” is a child 15 to 18 years of age who is charged with and indicted or bound over for trial for first degree murder.  A child upon conviction can be sentenced as an adult for the crime. There are no other crimes other than first degree murder that a “Serious Youthful Offender” can be charged with.   Bregman said this:

“Currently, the only crime that you can charge as an adult is first degree murder. … We want to expand that to include second-degree murder, voluntary manslaughter, rape, shooting at or from a motor vehicle causing great bodily harm or death.”

Under the existing children’ s code  a  “Youthful Offender” is defined as a delinquent child subject to adult or juvenile sanctions who is 14  to 18  years of age at the time of the offense and who is adjudicated as committing at least one of a number of listed serious felonies such as second degree murder,  kidnapping,  robbery, aggravated battery (with a weapon), criminal sexual penetration (rape), aggravated burglary, aggravated arson, shooting at a dwelling or occupied building or shooting at or from a motor vehicle. (See full definition below under heading topic CATEGORIES OF CHILD OFFENDERS AND CRIMES listing  all specific crimes).

The proposed changes to the Children’s Code District Attorney Sam Bregman lists that are the most important to him are:

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.

4. Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.

5. Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.

6.  Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.

7.  Requiring judges to preside over juvenile detention hearings.

8.  Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

Bregman said this of all the proposed changes:

“Changing the way we do business in our children’s criminal justice system is the single number one priority we can do when it comes to crime in our legislature in the upcoming 60-day session.”

WHEN IT BEGAN

It was on June 11, 2024 that Bernalillo County District Attorney Sam Bregman began calling for  reform of  the state’s Children Code after APD  arrested an 11-year-old boy for a series of violent crimes.  APD said at the time the child is a member of a gang calling itself “the Kia Boys.” APD said  the 11 year old  and at least 3 others were  caught on camera crashing into a convenience store and hopping over the counter to steal alcohol and cigarettes.   Bregman said this:

“The law doesn’t provide any specific consequences for a judge to be able to hand out to an 11-year-old doing the kinds of things they’re doing. … And in fact, the law basically affirmatively says you can’t incarcerate an 11-year-old. … If there are super young like this 11-year-old alleged offender, then we will continue to be in uncharted territory. If they’re older, they’re 15 and over, we know how to handle those cases.

It is a real concern under the children’s code, what we can what we can’t do at the District Attorney’s office, and we’re doing everything possible to focus on the safety of our community, but also the wellbeing of an 11-year-old. … I’m not someone who’s advocating out there throwing the book and throwing the key away on 11-year-olds. But I am saying we have to have some more tools in the toolbox.”

https://www.kob.com/new-mexico/bernalillo-county-district-attorney-calls-for-reform-after-arrest-of-11-year-old-suspect/

DRAMATIC SPIKE IN CRIMES COMMITTED BY JUVENILES WITH GUNS

Since January 4, 2023, when Bregman was appointed by the Governor to the fill the vacancy caused by then District Attorney Raul Torrez being elected Attorney General, he says his office has received more than 1,400 juvenile cases, including 119 felony gun crimes this year alone. He said there was a 57% increase from 2022 to 2023 in cases “involving kids with guns” according to data provided by the Bernalillo County District Attorney’s Office.

Since January 2023, the District Attorney Office has received 24 murder cases, 42 armed robbery cases, 48 rape cases and 65 drive-by shooting cases all involving juveniles.  Bregman said they have received another 374 juvenile cases where a handgun was involved in one way or another. There are upwards of 80,000 juveniles between the ages of 10 and 18 living in Bernalillo County.  The 553 felony cases cited make up less than 1% of the population.

Bregman said it’s time to make changes to the “Delinquency Act” of the Children’s Code, as times have changed in the 3 decades since it was last updated. Bregman said teens have been sentenced to decades behind bars for murders after being given lenient penalties for lesser crimes.  As an example Bregman said recently one teen was given probation for a hit-and-run crash that killed someone while another teen was given probation after shooting at a county employee. Bregman said this:

“The reality of this case is, if he had better aim, perhaps someone would have been dead. … What we’re trying to do [with the changes in the law] is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said each case can have ripple effects that devastate families on both sides. He said he hopes the proposed changes to the Children’s Code can stem some of the effect being felt by the community. Bregman said this about juvenile gun violence:

“I understand kids make bad decisions. Every kid makes a bad decision, but when you put a gun in that mix of a bad decision, people die, unfortunately. … each case can have ripple effects that devastate families on both sides. … Those victims of violence committed by juveniles and their families have had their lives destroyed”  

`Bregman said he hopes the amendments can teach juveniles a lesson before it’s too late and the intent is not to “lock up juveniles and throw away the key” and he said:

“What we’re trying to do is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said addressing juvenile crime goes beyond lawmakers addressing the problem and he said this:

“This takes an entire community, including parents and family members, to make a difference in these young people’s lives. We all have to come together as a community and as a state, if you will. … Let’s give them the chance to get on the right path and be productive citizens, because if we don’t give them consequences early on, we end up with juveniles who are sentenced for decades in the corrections department.”

APD AND BCSO LEND SUPPORT

DA Bregman was joined at his press conference by representatives of the Albuquerque Police Department (APD) and the Bernalillo County Sheriff’s Office (BCSO).  Representatives from both Departments spoke about the trends they’ve been seeing in the field.

APD said that juvenile crime has increased since the pandemic, especially shootings out of moving cars or at buildings. APD Commander Kyle Hartsock said national data finds it has never been easier for adolescents to get their hands on guns.  The DA’s Office added that they’ve also seen an increase in juvenile crimes on social media including teens selling guns online.

APD Commander Hartsock said his department struggles to book juveniles who would have routinely been booked years ago. In part, that’s because the department generally cannot book juveniles unless they are caught with a gun or used one in committing a crime. Hartsock said Bregman’s proposals would help to hold accountable juveniles who engage in common crimes like drive-by shootings and auto thefts. Hartsock said this:

“We hope that the juveniles can get the support they need — a lot are coming from really complex family life situations, it’s not as easy as just arresting your way out of it, necessarily … But at the same time, when they’re getting caught by our officers, they’re really far gone away from that system. We have to be able to take appropriate, quick action on them to keep the juveniles safe and our society safe.”

APD Commander Kyle Hartsock said this:

“It is a statewide problem. Our detectives work with police in Santa Fe, Roswell, Las Cruces, Taos, Ruidoso all the time. And helping solve their crimes or track some of their offenders that are coming through Albuquerque, many of them juveniles. … We have to be able to take appropriate, quick action on them to keep the juveniles safe and our society safe.”

Hartsock said detectives arresting the teens, who often come from “really complex family life situation” hope they get the help they need.  Hartsock said this:

“The amount of juveniles …  involved in auto thefts has skyrocketed for our department. We’ve caught kids as young as 12 years old, joy-riding in cars, stealing our bait cars, stealing other people’s cars. … It’s not as easy as just arresting your way out of it  … but at the same time, when they’re getting caught by our officers, they’re already really far gone [when you]  have kids driving down the road in a Kia with a bag of fentanyl on the front passenger seat and their friend in the back seat videoing as they shoot out the window of a house.”

Bernalillo County Sheriff Chief Deputy David Funes said this:

“The perception of their peers right now is that there are no consequences for crimes committed by juveniles in this community.” 

JUVENILE JUSTICE ADVOCATES REACT

District Attorney Sam Bregman has faced criticism on some of his proposals in the past from juvenile justice advocates. Some advocates oppose his plan to transfer teenagers who turn 18 inside a juvenile detention facility to an adult jail, arguing that measure would hinder the rehabilitation of those young people, who are developmentally not so different from other teenagers.

Bregman responded to those criticisms, arguing in the eyes of the law, an 18-year-old is still an adult and he said this:

“If you’re 17 years old, a day away from your 18th birthday, and you commit a crime, then what that argument is saying is that they should stay in the juvenile detention center the whole time, pending everything and any sentence. … But if you’re a day older and you’re 18, and you do the exact same crime, an 18-year-old goes away in the adult system. … “I don’t see the difference between a 17-year-old, 364 days old, and an 18-year-old who [commits] the exact same crime.”

Chief Public Defender Ben Baur, with the Law Offices of the Public Defender, said his office agrees that juvenile crime “is a critical issue” and the agency would engage in conversations on the Children’s Code.

However, Bauer said this in a statement:

“But focusing on jailing kids and treating them as adults as a way to solve these issues is misplaced and will actually create more problems for our children and our communities. …

Many of these proposed changes to the Children’s Code represent a significant expansion of treating kids in the same way we treat adults, and would result in the automatic transfer of many juvenile cases into the adult courts, without consideration of the individual circumstances.

Decades of study and science, and our own experience working with children, show the deep flaws in this approach.”

The public defender’s office in the past has disagreed  with the change on expanding the definition of “serious youthful offender” so more types of crimes could lead to kids being tried as adults.  The Public Defender argues that’s what grand juries and preliminary examination hearings are for.

District Public Defender Dennica Torres put it this way:

“Removing that mechanism and just saying they are accused of first-degree homicide, we’re going to automatically route them to downtown court, adult court is not, they’re taking away protections from them. They have that right to be presented to the grand jury as well.”

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/new-mexico-crime-juvenile-bernalillo-county/61629156

https://www.krqe.com/news/crime/bernco-da-state-public-defenders-office-talk-about-juvenile-justice-system/

https://www.kob.com/new-mexico/da-sam-bregman-urges-lawmakers-to-reform-juvenile-justice-system/

LEGISLATORS REACT

No state lawmakers were present during Bregman’s October 23 press conference.  Notwithstanding, Bregman said he’s heard general interest in his proposals and has sent them to House Speaker Javier Martínez, D-Albuquerque, and to  Governor Michelle Lujan Grisham for their review and input.

House Judiciary Chair Christine Chandler, D-Los Alamos, said it was premature to comment on the amendments before discussing the proposals with Bregman.  Chandler said this:

“Certainly we know that the Children’s Code needs to be updated and modernized, I think there’s consensus around that point.”

Senate Judiciary Chair Joseph Cervantes, D-Las Cruces, said that at first glance some of the proposals are “worth having full discussions about.” He said several of them may seemingly restrict judges’ discretion in juvenile sentencing, and the public has expressed frustration that it “doesn’t reflect societal values.” Cervantes said this:

“I think we’ll be cautious about that, but I do understand where that sentiment is coming from. …  “No doubt about it, [the Children’s Code needs to be updated] … [I’m glad Bregman is willing to]  take the bull by the horns. … I think that’s what’s needed right now.”

Speaker of the House Javier Martinez appears to agree it’s time to update the Children’s Code.  Speaker Martínez said in a statement an important component of making sure young people thrive is making sure they understand the consequences of crime.  Martinez said this:

“I look forward to learning more about these proposals to modernize our Children’s Code and expect we will continue this important conversation in the upcoming session.”

House Minority Leader Rod Montoya, R-Farmington, said in a statement Bregman’s proposals were “critical to preventing young people from pursuing a life of crime and preventing others from becoming victims.”

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

https://www.abqjournal.com/news/bernalillo-county-da-proposes-changes-to-juvenile-crime-laws/article_9ec6c2c4-9168-11ef-a34c-c365814e6507.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/da-sam-bregman-lays-out-plan-to-curb-juvenile-crime/

https://www.koat.com/article/bernalillo-county-da-says-juvenile-crime-needs-to-be-addressed-koat-children-s-code/62698716

https://www.krqe.com/news/crime/bernalillo-county-district-attorney-shares-new-proposals-for-juvenile-crime-laws/

Bernalillo County DA seeks changes to ‘outdated’ juvenile justice laws | Local News | santafenewmexican.com

CHILDRENS’S COURT EXPLAINED

Children’s Court is established in each of the 13 Judicial Districts in the state with the Children’s code establishing Court’s known as the Children’s Court. The Children’s Court jurisdiction is not exclusive to criminal charges filed against a child. The court has exclusive original jurisdiction of all proceedings under the Children’s Code in which a person is 18 years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

1. A delinquent child.
2. A child of a family in need of court-ordered services or a child in need of services.
3. A neglected child.
4. An abused child.
5. A child subject to adoption; or
6. A child subject to placement for a developmental disability or a mental disorder.
7. The court has exclusive original jurisdiction to emancipate a minor.

CHILDREN’S CODE IN A NUTSHELL

State law establishes the purpose of the Children’s Code to be as follows:

1. To provide for the care, protection and wholesome mental and physical development of children coming within the provisions of the Children’s Code and then to preserve the unity of the family whenever possible. A child’s health and safety shall be the paramount concern. Permanent separation of a child from the child’s family, however, would especially be considered when the child or another child of the parent has suffered permanent or severe injury or repeated abuse. It is the intent of the legislature that, to the maximum extent possible, children in New Mexico shall be reared as members of a family unit;
2. To provide judicial and other procedures through which the provisions of the Children’s Code are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;
3. To provide a continuum of services for children and their families, from prevention to treatment, considering whenever possible prevention, diversion and early intervention, particularly in the schools;
4. To provide children with services that are sensitive to their cultural needs;
5. To reduce overrepresentation of minority children and families in the juvenile justice, family services and abuse and neglect systems through early intervention, linkages to community support services and the elimination of discrimination;
6. To provide for the cooperation and coordination of the civil and criminal systems for investigation, intervention and disposition of cases, to minimize interagency conflicts and to enhance the coordinated response of all agencies to achieve the best interests of a child victim; and
7. To provide continuity for children and families appearing before the children’s court by assuring that, whenever possible, a single judge hears all successive cases or proceedings involving a child or family.”

CATEGORIES OF CHILD OFFENDERS AND CRIMES

The Children’s code defines an “adult” as a person who is 18 years of age or older and defines a “child” as person who is less than 18 years old and the Children’s Code deals exclusively with the prosecution those who are less than 18 years of age.  There is a sperate and distinct legal process from what is done for adults under the Children’s Code to charge a child with crimes.

Petitions are filed charging a child as a “Deliquent Offender” and in need of supervision and once adjudicated delinquent by the court, the child is placed on probation with terms and conditions imposed and enforced by probation authorities.

 Petitions or complaints are filed charging a child as “Youthful Offender” or “Serious Youthful Offender” and in such cases the child is afforded all the rights of an adult including representation by and attorney, due process of law and a jury trial with rights of an appeal.

In all cases begun pursuant to the provisions of the Children’s Code, when a child is taken into custody, the child must be released to the child’s parent, guardian or custodian and a child subject to the provisions of the Children’s Code is entitled to the same basic rights as an adult. Arrests of a child are also handled differently as is incarceration.

Children charged with a crime are divided into 3 distinct categories under the Children’s Code according to the crimes committed. Those categories are Delinquent Offender, a Youthful Offender and a Serious Youthful offender.

A “Delinquent Offender” is a delinquent child  who has committed a delinquent act and who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender.

A “Delinquent Act”  is defined as an act committed by a child that would be designated as a crime under the law if committed by an adult, not including the crime of  prostitution …  and  includes  the following:

(1)   any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code … :

•  driving while under the influence of intoxicating liquor or drugs.
•  failure to stop in the event of an accident-causing death, personal injury or damage to property;
•  unlawful taking of a vehicle or motor vehicle.
• receiving or transferring of a stolen vehicle or motor vehicle.
• homicide by vehicle.
• injuring or tampering with a vehicle.
• altering or changing of an engine number or other vehicle identification numbers.
•  altering or forging of a driver’s license or permit or any making of a fictitious license or permit.
• reckless driving.
• driving with a suspended or revoked license; or
•  an offense punishable as a felony;

(2)  [B]uying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child’s parent, guardian, custodian or adult spouse. … .

(3)  … [T]he illegal use of a glue, aerosol spray product or other chemical substance;

(4)  [A] violation of the Controlled Substances Act  … .

(5)  escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;

(6) …  unauthorized graffiti on personal or real property;

(7)   [A] violation of an order of protection issued pursuant to the provisions of the Family Violence Protection Act

(8)   trafficking cannabis …  .

(See 32A-2-3. Definitions, Delinquency Act )

A “Youthful Offender” is defined as a delinquent child subject to adult or juvenile sanctions who is 14  to 18  years of age at the time of the offense and who is adjudicated as committing at least one of the following offenses (statute citations omitted) :

• second degree murder
• assault with intent to commit a violent felony
• kidnapping
• aggravated battery
• aggravated battery against a household member
• aggravated battery upon a peace officer
• shooting at a dwelling or occupied building or shooting at or from a motor vehicle
• dangerous use of explosives
• criminal sexual penetration  
• robbery
• aggravated burglary
• aggravated arson
• abuse of a child that results in great bodily harm or death to the child

(Delinquency Act ,  32A-2-3 , Definitions with citations,)

 A “Serious Youthful Offender” is a child 15  to 18  years of age who is charged with and indicted or bound over for trial for first degree murder. Note that there are no other crimes other than first degree murder and the child is sentenced as an adult for the crime.

 (See 32A-2-3. Definitions, Delinquency Act )

THE DELINQUENCY ACT

The Delinquency Act is part of the Children’s Code. A child subject to the provisions of the Delinquency Act is entitled to the same basic legal rights as an adult. According to the Delinquency Act, its purposes are:

1. Consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior, but to still hold children committing delinquent acts accountable for their actions to the extent of the child’s age, education, mental and physical condition, background and all other relevant factors, and to provide a program of supervision, care and rehabilitation, including rehabilitative restitution by the child to the victims of the child’s delinquent act to the extent that the child is reasonably able to do so.
2. To provide effective deterrents to acts of juvenile delinquency, including an emphasis on community-based alternatives.
3. To strengthen families and to successfully reintegrate children into homes and communities.
4. To foster and encourage collaboration between government agencies and communities with regard to juvenile justice policies and procedures.
5. To develop juvenile justice policies and procedures that are supported by data;
6. To develop objective risk assessment instruments to be used for admission to juvenile detention centers;
7. To encourage efficient processing of cases;
8. To develop community-based alternatives to detention;
9. To eliminate or reduce disparities based upon race or gender;
10. To improve conditions of confinement in juvenile detention centers; and
11. To achieve reductions in the number of warrants issued, the number of probation violations and the number of youth awaiting placements.

Ultimately, a District Court Judge has the discretion to impose some confinement or juvenile sanctions on a youthful offender, but the court only has jurisdiction over the child until he reaches the age of 18.  The children’s court attorney must give notice of intent to invoke and seek an adult sentence.  A preliminary hearing by the court or a hearing before a grand jury must be held after the filing of the intent to invoke an adult sentence, to determine whether probable cause exists to support the allegations contained in the petition.

The link to review the entire children’s code is here:

https://nmonesource.com/nmos/nmsa/en/item/4389/index.do#!fragment/undefined/BQCwhgziBcwMYgK4DsDWsBGB7LqC2YATqgJIAm0A5AMwBMAggLQCMj1lAlADTJYAuAUwgBFRAMIBPKpS4QBRBKPFTKMuQpABlLIT4AhKQCUAogBljANXoA5AMLGufMBmh8scDhyA

COMMENTARY AND ANALYSIS

Simply put, New Mexico’s children are committing more and more violent crimes where guns are involved. The state’s Children Code and our Juvenile Criminal Justice System has not been able to keep up with changing times to deal with what now can only be considered a major crisis.  Part of the problem is just how complicated the children’s code really is and its application.  The ultimate question that must be addressed is what is in the “best interest of the child”  and keeping a family together versus punishment, incarceration and making sure justice is served and the public is protected.

It is very clear that the primary emphasis and purpose of the Children’s Code is not punishment in the form of confinement of child for crimes committed but on rehabilitation, services, counseling and social services.  The primary goal of the Children’s Code and the Juvenile Justice System is to keep the family unit intact and what is in the best interest of the child. Such an approach is wise whenever you are dealing with delinquency types of cases and children of tender age. It is  teenage juveniles that pose the biggest problem of what approach is in order.   

Under the children’s code there is no mandatory sentencing and confinement when delinquency is found and when it does happen it can only be up and until the child reaches 18.  However, things do get very complicated when gun violence is involved, protecting the general public from gun violence and when it comes to sentencing a child as an adult when charges are brought against the child as a “youthful offender” or “serious youthful offender.”

All of the major proposals and changes to the Children’s Code as outlined and proposed by District Attorney Sam Bregman are reasonable, should be considered necessary given the violent crimes being committed by juveniles and should be adopted by the legislature. No doubt many will argue that they run afoul of the purpose and intent of the Children’s Code which is to do what is in the best interest of a child.

DA Bregman’s proposals to expand the definition of “serious youthful offender” so more types of crimes could lead to children being tried as adults is reasonable and necessary given the types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile over 15 can be charged as an adult. Right now, that can only happen for first-degree murder. What should be included are all violent crimes involving a weapon and should include the crimes of aggravated assault, aggravated battery armed robbery with a firearm, and child abuse resulting in death.  The legislature should also fix the law that currently allows a teenager to wield an assault rifle, though handguns are still illegal.

The link to a related blog article is here:

DA Sam Bregman’s ABQ Journal Guest Editorial: “Childrens Code Must Be Overhauled, Updated To Address Alarming Stats On Juvenile Crime”

Following are the New Mexico 2024 General Election results in Federal races, in Bernalillo County,  the City of Albuquerque and the New Mexico House and Senate  as compiled and reported by the New Mexico Secretary of State and New Mexico news agencies:

United States President

Nationally, Former Republican President Donald Trump defeated Democrat Vice President Kamala Harris both in the public vote and the electoral college vote. Trump defeated Harris in the public vote with Trump securing 74,532,699 (50.4%) votes to Harris securing 70,856,199 (47.9%).  Trump secured 312 electoral college votes and Harris secured 226 electoral college votes.

https://www.cnn.com/politics/live-news/election-trump-harris-11-06-24/index.html

However, in New Mexico, with 100%  of the precincts reporting, Vice President Kamala Harris defeated former President Donald Trump 51.64% (469,975 votes)  to  46.07% (419,248) with other candidates on the ballot getting the difference including Robert Kennedy, Jr.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.koat.com/article/new-mexico-presidential-election-results-2024-harris-trump/62707355

https://www.krqe.com/election-results/

UNITED STATES SENATE

Incumbent Democrat Senior Senator Martin Heinrich defeated Republican Nella Domenici 54.85% ( 488,375 votes) to 45.15% (401,930) winning a third term as one of New Mexico’s two U.S. Senators. Domenici is daughter of late former U.S. Senator  Pete Domenici, who served 6 terms in the United State Senate. Throughout the campaign, Domenici  struggled to make up ground against Heinrich amid a steady stream of attacks about her stance on abortion.

Heinrich raised more than $12 million for his bid to retain the seat he’s held since 2013. During the run-up to Election Day, he maintained a consistent advantage in recent polls over Domenici, a Republican who pumped more than $2 million of her own money into her campaign in the form of loans.

Heinrich currently chairs the Joint Economic Committee which examines how government can work better for working Americans. During his time in office, he’s primarily sponsored bills focused on public lands and natural resources. When it comes to crime and fentanyl, Sen. Heinrich faced criticism from his Republican opponent Nella Domenici who accused Democratic leadership of allowing the flow of illegal drugs through the border and into New Mexico.

Meanwhile, Senator Heinrich criticized Domenici for being an outsider who can’t relate to the working class. He argued that having a senior leader in the Senate will better serve New Mexicans. “This is a must-win race if we’re going to maintain a Democratic majority in the U.S. Senate. If we were to lose this race, there’s no question that the Republicans would have control of the Senate.,” said Sen. Heinrich.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.krqe.com/news/politics-government/elections/martin-heinrich-projected-to-retain-senate-seat/

https://www.abqjournal.com/election/martin-heinrich-nella-domenici-results/article_4e4189bc-9aee-11ef-827c-2f6a52f696fa.html#tncms-source=home-featured-7-block

https://www.koat.com/article/new-mexico-us-senate-election-results-2024/62680977

U.S. House – District 1

Democratic incumbent Melanie Stansbury defeated Republican Steven Jones 56.20% (189,464 votes) to 43.80% (147,687 votes) to retain her seat in the U.S. House of Representatives and serve another two year term. District 1 represents many areas of central New Mexico, including a majority of Albuquerque.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.krqe.com/election-results/

https://www.koat.com/article/new-mexico-us-house-of-representatives-election-results-2024/62725036

U.S. House – District 2

With all precincts reporting, Democratic incumbent Gabe Vasquez defeated Yvette Herrell 51.92% (136,350 votes) to 48.08% (126,252 votes)  to retain his seat in the U.S. House of Representatives and serve another two year term. Herrell previously held the seat, but lost to Vasquez in the 2022 election. District 2 encompasses most of southern New Mexico, including Albuquerque’s South Valley.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.krqe.com/election-results/

https://www.koat.com/article/new-mexico-us-house-of-representatives-election-results-2024/62725036

https://www.kob.com/new-mexico/gabe-vasquez-and-yvette-herrell-in-rematch-for-new-mexicos-2nd-congressional-seat/

U.S. House – District 3

Democratic incumbent Teresa Leger Fernandez defeated Republican challenger Sharon Clahchischilliage 56.02 (159,058)  to 43.98% (124,854).  A Republican has only been elected to the seat once in the district’s history. That happened 1997 when former Rep. Bill Redmond was elected to finish former Rep. Bill Richardson’s term when he became the U.S. Ambassador to the United Nations. Leger Fernandez has held the seat since 2021.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=FED&map=CTY

https://www.krqe.com/election-results/

https://www.koat.com/article/new-mexico-us-house-of-representatives-election-results-2024/62725036

BERNALILLO COUNTY COMMISSION

Democrat Frank Baca defeated Republican Mary Kay Ingham in the race for District 2 Bernalillo County Commission. Baca secured 61% (23,191 votes) to Ingham’s 39% (14,839 votes). The pair were vying for the open seat left by Steven Michael Quezada, who had run up against his term limit as a commissioner.

District 3 Incumbent Democrat County Commissioner Adriann Barboa defeated Republican Rene Coronado. Barboa secured 71% (33,407 votes) to Coronado’s 29% (13,890)

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/Default.aspx?

https://www.abqjournal.com/news/democrats-win-contested-races-for-bernalillo-county-commission-seats/article_2fee9c44-9bc9-11ef-aa4b-b3f976f55d26.html#tncms-source=home-featured-7-block

BERNALILLO COUNTY CLERK AND TREASURER

A Bernalillo County Deputy Clerk and a former County Treasurer and State Treasurer are the winners in the Bernalillo Country Clerk and Treasurer contests.

According to the New Mexico Secretary of State’s election website, Democrat Michelle Kavanaugh, 44, defeated  Republican Clayton Pryor, 65, in the county clerk’s race securing  60% (174,441 votes) to 40% (115,681 votes. Kavanaugh succeeds current County Clerk Linda Stover who is term imited and she was brought on as a Deputy Clerk in 2020 after several years working for former Democratic Senator Tom Udall.

In the County Treasurer contest, Democrat Tim Eichenberg, 72, defeated  Republican business owner Lelan Morrison, 67. Eichenberg secured 60% (173,441 votes) to Morrisons 40% (115,700 votes). Eichenberg is a former two term Bernalillo Coutny Treasurer, two term New Mexico Treasurere and a former State Senator.  Eichenberg will succeed Treasuer Nancy Bearce, who is term limited and finishing her second consecutive four-year term.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=CTYSPEC&map=CTY&cty=02%20&name=Bernalillo

https://www.abqjournal.com/election/bernalillo-county-clerk-treasurer-election-results/article_cb72199c-9aee-11ef-a90f-432b00198477.html#tncms-source=home-featured-7-block

NEW MEXICO HOUSE AND SENATE RACES

All 112 seats in Legislature are on this year’s general election ballot. Members of the state Senate stand for election every four years while House districts are on the ballot every two years. Democrats hold majority control in both chambers. There are 45 Democrats and 25 Republicans in the New Mexico House of Representatives. Currently, there are 27 Democrats and 15 Republicans in the New Mexico Senate. The 2025 New Mexico legislature convenes on January 21, 2025 and ends on March 22, 2025.

On November 6, New Mexico Politics With Joe Monahan posted the following results on the most contested races:

“Republicans appeared to pick up one seat in the state House but the Dems will still have a majority of 44 to 26. In the Senate the Dems appeared to pick up one seat there, upping their majority to 28-14.

Rebecca Dow defeated incumbent Dem Tara Jaramillo in a T or C area race and was already being mentioned as possibly the next House Minority Leader as Rep. Rod Montoya plans to bow out. 

Republican Nicole Chavez won the only ABQ state House seat held by the GOP, pushing away a stiff challenge from the Dems. 

Democrat Michelle Sandoval lost her second attempt to take a House seat in Rio Rancho District 57 that GOP Rep. Jason Harper is leaving. She trailed Republican Catherine Cullen by over 300 votes in the wee hours. 

Senator Martin Hickey, in a closely watched race in ABQ’s NE Heights, defeated Republican Wayne Yevoli.”

The link to the quoted news source is here:

November 6 blog post “New Mexico Poltics with Joe Monahan”  https://joemonahansnewmexico.blogspot.com/

The link to review the results of contested House and Senate legislative races is here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=LGX&map=CTY

ALBUQUERQUE CITY CHARTER AMENDMENTS

Two amendments to the city’s charter will shift some power to the Albuquerque City Council pasted by high margins.  The City Council voted in June to put both the measures on the ballot.

One of the charter amendments will allow the City Council to fire the police and fire chief without cause on a 7-2 council vote. The mayor also would have the ability to terminate the chiefs without cause, a power Mayor Keller  contests he doesn’t currently have. The measure passed with 62% (131,607) voting YES and 38% (79,706) voting NO.

The second charter amendment, a “separation of powers”  amendment will change the way the mayor’s administration and the City Council settle debates. It forces both the mayor and City Council to appoint someone to the Intragovernmental Conference Committee,  which exists to settle disputes between the council and mayor, within 60 days of a vacancy. The charter amendment passed 62% (126,006) voting YES and  38% (78,409) voting NO.

https://electionresults.sos.nm.gov/resultsSW.aspx?type=MUX&map=CTY

BOND PACKAGE

Six bond questions with a $40 million price tag were approved by voters. Albuquerque voters along with an additional 100,000 voters who reside in  Bernalillo County voted to approve the bond package.

The bond package put forth by Bernalillo County commissioners included six questions for over $40 million in spending and they are:

• $2.5 million for public libraries.
• $8.8 million for public safety facilities, the county’s fleet and buildings.
• $11.7 million for parks and recreation.
• $10.6 million for transportation projects.
• $5.1 million for storm drainage and utility projects.
• $1.7 million for public housing.

Voters approved all of them overwhelmingly, according to unofficial results from the county’s website.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=CTYSPEC&map=CTY&cty=02%20&name=Bernalillo

https://www.abqjournal.com/election/albuquerque-charter-amendments/article_29714892-9aef-11ef-a6c3-2f843d9cd5f9.html#tncms-source=home-featured-7-block

TWO MILL LEVY’S GET VOTER APPROVAL

Bernalillo County voters approved extending for another eight years the current tax levy to support the operation and maintenance of University of New Mexico Hospital, according to unofficial results Tuesday.

The University of New Mexico Hospital receives approximately 10% of its budget from Bernalillo County property taxes. The levy question is placed on the ballot every eight years as part of the creation in 1952 of what is today UNM Hospital.

The dollar amount the mill levy provides can change year to year based on the value of property in the county, but in recent years the mill levy has provided the hospital $120 million annually, according to hospital CEO Kate Becker.

Voters also appeared to establish a tax levy for the Ciudad Soil and Water Conservation District, which covers Bernalillo County and part of Sandoval County. The ballot question asked voters to permit the Ciudad Soil and Water Conservation District Board of Supervisors to establish a levy of up to 0.25 mills for projects that will include:

• Protecting drinking water sources and the health of rivers and streams by improving storm water and floodplain management;
• Reducing the risk of wildfire by improving the health of our forests, including the Sandia and Manzano forests; and
• Restoring wildlife habitat, including along the Rio Grande. The levy increase will generate over $6 million annually to fund conservation projects.

Links to relied upon or quoted news sources are here:

https://electionresults.sos.nm.gov/resultsSW.aspx?type=CTYSPEC&map=CTY&cty=02%20&name=Bernalillo

https://www.abqjournal.com/election/mill-levy-for-unm-hospital-gets-voter-approval/article_a440687e-9bd4-11ef-a3b1-f30b1d913302.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Thank you to all the voters who took their civic  responsibility serious and voted.  Congratulations and best wishes to all the victors. Now the hard part begins in making decisions that are in the best interest of the public.