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.

Approximately 48.2% of New Mexico registered voters have already cast a ballot  in the 2025 general election. According to the Secretary of State’s office, 663,874 votes were cast via early or absentee voting before early voting ended on Saturday. The 663,874 figure is lower than four years ago when roughly 785,000 votes were cast early in 2020. In 2020, 928,230 votes, representing 68.7% of all registered voters, were cast in the 2020 general election. Notwithstanding, a strong Election Day turnout will likely propel the state past 2020 turnout levels.

Saturday, November 2, was the last day of early voting in New Mexico before Tuesday’s November 5 general election.  A record number of New Mexicans had already cast their votes.  Approximately 41% of New Mexicans or 563,000 voters had participated in absentee or early voting, with 47.1% registered as Democrat, 36.7% registered as Republican and 15% registered as independent or decline to state.

Bernalillo County posted one of the highest early vote turnout rates in New Mexico this year, as more than 60% of registered Democrats and Republicans alike in the state’s most populous county voted before Election Day.  Other counties with high turnout rates so far include Santa Fe, Valencia, Sandoval and Los Alamos, where 68% of registered Democrats have already voted.

Republicans voted at a slightly higher rate than Democrats statewide, as about 55.9% of registered Republicans cast their votes before Election Day compared to roughly 52.1% of Democrats. Democrats still cast about 64,000 more votes than Republicans statewide, since Democrats entered this year’s general election with a significant voter registration advantage.

According to Secretary of State’s Office, of the state’s more than 1.3 million registered voters, about 42.9% are Democrats and 31.6% are Republicans. The remaining voters either declined to state a party affiliation, are registered Libertarians or are affiliated with a minor political party.

Brian Sanderoff, President of Research & Polling Inc.,  which does polling for the Albuquerque Journal, had this to say about the early voting trends:

“Perhaps the most interesting thing we’ve seen thus far is that Republicans are voting at a higher rate than Democrats, showing that 47.5% of the Republicans have already voted, compared to 45% of the Democrats and 26% of the independents. … So Republicans are voting at a higher rate than Democrats who have voted thus far. … Among the people who vote, more will have voted before Election Day than on Election Day. … People in New Mexico have become very accustomed to voting before Election Day.”

Counties with legislative battles are more likely to vote in higher numbers.  Sanderoff said this:

“Sometimes legislative battles can drive competition.  The legislators are at ground zero, they’re knocking on the doors there, and they can really play a much more efficient role in driving turnout.”

Voters who still have an absentee ballot can drop it off at any polling location.  The ballot must be delivered by 7 p.m. on Election Day. You can track the status of your absentee application or ballot through the Secretary of State’s Ballot Scout module at sos.nm.gov/trackmyballot.

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

https://www.sos.nm.gov/sos-static/election-day-november-5-2024.html

https://www.abqjournal.com/election/new-mexico-readies-for-election-day-with-more-than-663-000-votes-already-cast/article_3343d236-9adb-11ef-880f-bb7daed10aab.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/election/early-voting-ends-saturday-heres-what-you-need-to-know/article_7fd7c6a0-9867-11ef-80d7-57b2b77a5d37.html

https://www.krqe.com/news/politics/us-elections-united-states/early-voting-wraps-up-in-new-mexico/

COMMENTARY AND ANALYSIS

The political day of reckoning is finally here. The most contentious and closest race for United States President will finally come to an end. With any luck, we will no longer have to endure the crude, unhinged campaign behavior, and repeated nasty lies of a politcal dotard that has a cult following.

New Mexicans can take great comfort that as of today, November 5, gone will be all the nasty, negative political ads, especially those repeatedly aired by Democrat Gabe Vasquez and  Republican Yvette Herrell attacking each other. We will finally stop having to see and hear Herrell say with a smirk on her face “I wish we could have ended all abortions in this state”.  With any luck we will not be hearing from her ever again.

On the November 5 general election ballot for voter approval will be two proposed City Charter Amendments placed on the ballot by the Albuquerque City Council back in June.

The first charter amendment would give the City Council the power to remove the fire chief and police chief, without cause, by a 7-2 vote and would require an employment contract for both positions.  The current charter requires no employment contracts and requires cause to remove the police and fire chiefs with a 6 vote majority and the positions are considered at will employees serving at the pleasure of the Mayor but requiring majority approval of the city council.

The second charter amendment creates a process to fill vacancies on a city committee intended to resolve separation of powers issues between the Mayor and City Council. The Intragovernmental Conference Committee is made of three members: the appointee from the mayor’s office, an appointee from City Council and a chairperson, who is selected by the council and mayor’s appointees.  The charter amendment forces the mayor to appoint a member to the Intragovernmental Conference Committee within 60 days of any vacancy. There is no such requirement imposed on the City Council.  As it stands, both the Mayor and City Council have total discretion as to when and who to appoint.

A third charter amendment was also passed by the City Council in June to be placed on the November 5 ballot, but it was vetoed by Mayor Tim Keller and it will not be on the ballot. The third charter amendment would have eliminated all run off elections between the two top vote getters for Mayor and City Council.  Whoever secured the most votes of all the candidates running would have won the election out right. If there is a tie between the two top vote getters, then and only then would there be a runoff.

Links to relied upon and quoted news sources are here:

https://www.abqjournal.com/election/checks-and-balances-heres-how-abq-voters-can-increase-city-councils-power/article_84951716-8a4c-11ef-aef8-573645542d7f.html

https://www.yahoo.com/news/checks-balances-heres-abq-voters-140100151.html

https://www.abqjournal.com/news/voters-will-have-chance-to-decide-on-several-charter-amendments-after-city-council-vote/article_e5cf80a8-2d21-11ef-b343-7b977b5b2b9c.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/albuquerque-city-council-votes-on-amendments-to-city-charter/

https://www.krqe.com/news/politics-government/albuquerque-city-council-passes-proposal-for-city-charter-changes/

ANALYSIS AND COMMENTARY

Simply put, the two Charter amendments placed on the November 5 ballot amount to nothing more than a power grab by the Albuquerque City Council to dilute the authority of the Mayor and gain more control over the Mayor’s appointees of Chief of Police and the Chief of the Albuquerque Fire and Rescue Department. City Councilors are motivated by their desire to remove APD Chief Harold Medina.  As it stands now, both Chiefs are appointed by the Mayor subject to approval of the City council, both are at will employees who serve at the pleasure of the Mayor and can be terminated by the Mayor at any time and without cause.

Harold Medina was appointed chief of Albuquerque Police Department by Keller in 2021. During the last year, city councilor’s have been highly critical of APD Chief Harold Medina with more than a few expressing that the Mayor remove him as Chief.  In 2024 Chief Medina generated a lot of headlines.  In February, Medina crashed a department truck into a vintage Mustang while fleeing gunfire near the International District and was reprimanded by the Internal Affairs Division for his handling of the crash, notably for not turning on his lapel camera and violating APD policies and procedures. APD is also under an ongoing investigation by the FBI for alleged corruption related to APD officers’ dismissing DWIs for briberies.

The relations between Mayor Tim Keller and the more conservative majority city council have deteriorated because of the sure frustration the conservatives on the council have experienced in not being able to stop the Keller progressive agenda with overriding vetoes. The conservative leaning city council has shown significant resistance to Mayor Keller’s progressive agenda as going too far. 

A few city councilors have attempted to force the termination or resignation of Chief Medina. Councilor and former APD officer Dan Champine said he believes the frequency at which Medina has been in the news drove the proposed charter amendment giving the Council more power. Champine said this:

“If you had a police chief that was doing his job and was showing improvement within the department and with the public and with crime and safety within our city, I don’t think it would have raised this question or shown this issue.”

Repeatedly the conservative city council has attempted to repeal ordinances and resolutions enacted by the previous more progressive city council and to limit the authority of Mayor Tim Keller.  Prime examples include the following:

1. A resolution to repeal or limit mayoral authority during a public health emergency.
2. A resolution baring the city from mandating covid-19 vaccines for the municipal government workforce.
3. Resolution directing the city administration to consider and “push to renegotiate the terms of the federal court approved settlement agreement.”
4. Repeal of a quarter cent tax increase in gross receipts tax enacted a few years ago.
5. Repealing or attempting to amend the City’s “Immigrant Friendly” policy calling it a “Sanctuary City” policy and requiring  APD to assist and cooperate with the federal immigration authorities.

The two charter amendments are not the first time that the conservative city council has attempted to reduce the authority of Mayor Tim Keller by City Charter Amendments. The relations between Mayor Tim Keller and the more conservative majority city council deteriorated so significantly that on April 27, 2023 first term City Councilors Democrat Louie Sanchez and Republican Renee Grout announced legislation proposing a City Charter amendment for a public vote that would have made the Mayor of Albuquerque a member of the City Council.  They wanted to transfer all the mayor’s executive and city management duties to a city manager chosen by the city council. According to the proposed legislation, the mayor would have been “recognized as the head of the City government for all ceremonial purposes”.   

The city council is trying to get city voters to change in a very dramatic way how the Mayor appoints at will employees  in order to carry out a personal vendetta against a Mayor and a Chief they do not like and who they perceive are  ineffective and unpopular.

Voters are encouraged to Vote No on both charter amendments.