NEWS UPDATE: ON FEBRUARY 27, 2025 GOVERNOR MICHELLE LUJAN GRISHAM SIGNED INTO LAW THE BEHAVIORAL HEALTH CARE  REFORM  PACKAGE

On February  22, the New Mexico legislature gave final approval to 3 Senate Bills that will make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. All three bills taken together are known as the Behavioral Health Reform Package.  The following is a description of each of the enacted Senate Bills:

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

Senate Bill 2: This bill allocates $200 million to expand regional behavioral health services such as crisis response and outpatient care.  The bill appropriates the funding to the New Mexico  Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide.

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

The Behavioral Health Reform Package now goes to the Governor’s desk to be signed into law.

The Behavioral Health Reform Package had a total of 19 bipartisan sponsors, led by Senators George Muñoz (D-Gallup) and Liz Stefanics (D-Cerrillos).  During the 2025 Legislative session, House and Senate Democrats worked together to make  record investments in behavioral healthcare and substance use treatment programs to give New Mexicans the help they need when they need it. Speaker of the House Javier Martínez (D-Albuquerque) said this:

“Throughout the interim, we worked closely with our colleagues in the Senate to develop a multi-faceted plan to address our state’s behavioral healthcare needs and improve public safety statewide. … This session, we have worked quickly and thoughtfully to deliver on our promise to advance meaningful legislation that will make our communities safer right away and address long-standing gaps in services for this generation and the next.”

Both Democratic Majority Floor Leader Senator Peter Wirth and Republican Minority Floor Leader Senator Will Sharer voted for all three Senate bills.

Democrat Sen. Peter Wirth, the majority floor leader said this:

“We have a behavioral health crisis. We have folks we see every day on the streets in our communities who need help. … The hope is to take one-time money and put it into that trust fund and then spin off a 5% annual return, more or less, basically taking one-time money and creating recurring money for behavioral health.”

Republican Senator Will Sharer, the minority floor leader, said this:

“For the first time in a decade, we’re at least trying to address the problem. … With each region, we’ll bring all of the various stakeholders together and say, okay, so here’s our problems. Here are the resources we have, here’s what we think we need, and here’s how we’re going to use those resources. So, the plan for San Juan County doesn’t have to look like Bernalillo County or anywhere else.”

Links to relied upon news sources are here:

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

https://www.koat.com/article/legislation-addressing-behavioral-and-mental-health-passes-the-senate/63835077

https://www.abqjournal.com/news/article_4f1dc4ba-eb0a-11ef-ba1d-3779878c0568.html

https://www.kob.com/new-mexico/behavioral-health-bills-cross-halfway-point-in-2025-legislative-session/

https://newmexicosun.com/stories/669955682-new-mexico-legislature-passes-bill-on-behavioral-healthcare-and-public-safety

https://grantcountybeat.com/news/news-articles/2025-nm-legislative-session/behavioral-healthcare-trust-fund-bill-headed-to-governors-desk

 BACKGROUND

A recent report by the New Mexico Justice Reinvestment Working Group found that 65% of individuals who enter the state’s criminal justice system have a behavioral health need and the criminal justice system cannot provide necessary medical  treatment and facilities. According to Kaiser Family Foundation data, New Mexico has one of the nation’s highest suicide rates, and more than one-third of state residents reported anxiety or a depressive disorder in 2023,

Adrian Avila, the chief of staff for the Senate Finance Committee, was tasked with taking the lead on crafting the package after a special session called last summer by Gov. Michelle Lujan Grisham ended with the Democratic-controlled Legislature declining to take up all of the governor’s crime-focused agenda.

Avila went so far as to travel to Miami Florida last year with behavioral health advocates to tour  the  Miami-Dade County  Court diversion program that has drawn accolades for its success.  Avila said the “Miami model” would not be totally feasible in New Mexico because the state’s population is not as densely concentrated.

Avila described the package that grew out of countless meetings and negotiations as a “bottom-up” approach to tackling mental health and drug abuse issues across the state.

On February 4, Avila told the Senate Finance committee this:

“We’re creating an entire ecosystem here.”

Democrat Majority Floor Leader Peter Wirth of Santa Fe and Senate Minority Floor leader William Sharer of Farmington jointly sponsored Senate Bill 1 of the Behavioral Health Reform Package. On February 4 they presented their legislation together to the Senate Public Affairs Committee.  Several other top Republicans and Democrats have teamed up to carry two bills.  Republican Senator Sharer said this of the funding:

“Things are getting worse, not better. … This is a huge, huge amount of money, but also a huge accountability piece. … So this is it.”

JUDICIARY IN CHARGE OF NEW MENTAL HEALTH CARE MODEL

Under the passed legislation, a new mental health care model will  put the state judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

The legislation will increase accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment. The new trust fund will provide annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.

On February 4, Senator Wirth told the Senate Public Affairs Committee that it’s imperative the courts receive sufficient funding to carry out implementation of the region-based approach. Wirth said this:

“They’ve been willing to step up and we have to make darn sure they have the resources to do it.”

SENATE BILLS PASS DESPITE  SKEPTICISM

Despite the bipartisan support, not all lawmakers were fully on board with the proposed package. Hobbs Republican Senator Larry Scott cast the lone “no” vote against the bill in the Senate Health and Public Affairs Committee and said he was concerned about accountability safeguards. Senator Scott said this:

“I remain skeptical that this approach is going to be successful because I don’t see a single responsible agency.”

Sen. Nicole Tobiassen said this:

“We know we have to have a solution for everyone. Is this the perfect solution? I don’t know that it is, but it appears that at least there’s some groundwork here that we can all work from.”

The Health Care Authority has also raised several issues with one of the bills in a legislative analysis, saying it could “fragment” oversight and funding authority for the state’s behavioral health system.

Some efforts to expand the state’s mental health treatment options are proceeding. On February 4, Clovis Mayor Mike Morris told the Senate Finance Committee that a group of eastern New Mexico cities and counties are set to move forward with building a new crisis triage center on an 18-acre site near the Plains Regional Medical Center. The facility would provide temporary beds for individuals dealing with mental illness or substance abuse issues to be housed before a treatment program could be determined. Mayor Morris said under the current system, most such individuals either end up in local hospital emergency rooms or in jails. Morris told the Senate Finance Committee this:

“That obviously is not as good as we think we can do.”

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

https://www.abqjournal.com/news/article_020e02b8-e324-11ef-9474-1fe32040c56c.html

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

GOVERNOR ON BOARD WITH PLAN AFTER FIRST EXPRESSING MISGIVINGS

Gov. Michelle Lujan Grisham at first expressed misgivings about the proposal of placing the judiciary in charge of overseeing regional plans for triage centers, mobile response teams and other behavioral health programs.

The Governor said this initially:

“To take an administrative arm of the courts and tell them to stand up behavioral health programs doesn’t make a lot of sense to me.”

Under the plan approved, the state judiciary would take on a larger role in approving regional behavioral health plans, while the state Health Care Authority would remain in charge of overseeing funding.  This is  a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

Before the final  Senate vote,  the Governor’s Office indicated those concerns were largely resolved after negotiations with legislators and Supreme Court Chief Justice David Thomson.

JUDICIAL BRANCH PREPARED TO TAKE ON LARGER ROLE

Top judicial branch officials said New Mexico’s courts are willing to shoulder a larger role under a legislative plan to overhaul the state’s mental health and substance abuse treatment system. During the February 12  meeting of the Senate Finance Committee,  Administrative Office of the Courts (AOC) Director Karl Reifsteck acknowledged the judicial branch is not currently a key player in the state’s behavioral health system. Reifsteck said the court system is willing to take on a larger role and has already begun preliminary work on how it would implement the changes proposed by a legislative package of bills. Reifsteck said this:

“This is not a role the courts requested, but it’s one we’re happy to accept if that’s the Legislature’s decision”.

Reifsteck said the judicial branch would act “very, very quickly” to implement the bill once passed by lawmakers and signed into law by the governor.

During the 2024  Special Session, legislators appropriated $3 million to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts.  The 3 behavioral health Senate bills moving forward would put the judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding.

During the February 12 meeting of  the Senate Finance Committee, Chief of Staff Adrian Avila of the committee said  early positive returns on those investments played a role in the decision to task the courts with a broader, permanent  role in overseeing behavioral health programs.

During the February 12 Senate Finance committee meeting Health Care Authority Secretary Kari Armijo described the proposal to have the court’s administer the program as having a “bifurcated” accountability structure but she did not express opposition to the plan.

Senate Finance Committee Chairman George Muñoz, D-Gallup, said this about the legislation:

“We all see this as a crisis.  [The current system] is not working.”

https://www.abqjournal.com/news/article_8cf6acb8-e8b0-11ef-9454-73bab70d54f4.html#tncms-source=home-featured-7-block

NEW MEXICO SUPREME COURT ALSO SEEKS FUNDING FOR BEHAVIORAL HEALTH

On January 23, New Mexico Supreme Court Chief Justice David Thomson addressed New Mexico lawmakers to discuss the financial needs of the state’s court system. Thomson highlighted several areas requiring funding. One area he expressed concern over was new efforts and court  outpatient treatment programs for individuals with mental illness.

During his State of the Judiciary Address Supreme Court Chief Justice David Thomson said this:

“The judiciary is committed to doing the hard work to support the policy initiatives of the Legislature and the executive on behavioral health. … We will do our part. … My request to you is that we are not asked to do more to the detriment of our core judicial function.”

Thomson asked lawmakers to make the $3 million in funding approved during a special session last year recurring to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. Judge Thomson said this:

“We need that extended if this is a program that is of value to you so we can be consistent in its application.”

Behavioral health remains a priority for the court’s with the  $3 million pilot program underway for Assisted Outpatient Treatment (AOT). While early results show some success, comprehensive outcomes are yet to be determined. Thomson stressed funding not only courts but also criminal justice partners like law enforcement and public defenders.

A treatment program in the Santa Fe-based 1st Judicial District was recently launched using Legislature’s initial start-up funding, though Thomson said he did not yet have information about the number of participants. Judge Thomson told law makers “We literally turned on the switch”.

Senate Majority Leader Peter Wirth told judicial officials during a Senate Committee hearing he’s committed to securing recurring funding for the assisted outpatient program, which connects defendants with counseling, medication and other services for up to one year. Wirth also said it’s important for such court programs to be in place and fully staffed as legislators consider changes to the state’s approach to assisting individuals found not to be competent, both in criminal and civil cases. Wirth referring to the state’s assisted outpatient treatment programs said this:

“This law has been on our books since 2016 and we just weren’t using it.” 

CRIMINAL COMPETENCY BILL PASSES AS PART OF OMNIBUS CRIME PACKAGE

House Bill 4 is the criminal competency legislation. On  February  22, the New Mexico legislature gave final approval and enacted  6 crime bills in House Bill 8 which is the Omnibus Crime Package.  House Bill 4 passed as part of the House Bill 8 Omnibus Crime Package.  House Bill 4 is the criminal competency legislation and it specifically requires that competency evaluators determine whether defendants are dangerous to themselves or others. After a competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Based on that determination, a defendant would either be ordered to attend an assisted outpatient treatment program or be sent to the state Behavioral Health Institute in Las Vegas, New Mexico.

House Bill 4 gives prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.

Under House Bill 4, when  a court determines that a defendant is not competent to proceed in a criminal case the court shall determine if the defendant is dangerous.  A defendant who is not competent is dangerous if the court finds by clear and convincing evidence that the defendant presents a serious threat of:

(1) inflicting great bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;

(2) committing criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(3) committing criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (4) committing abuse of a child, as provided in Subsection D of Section 30-6-1 NMSA 1978;

(5) violating a provision of the Sexual Exploitation of Children Act;

(6) committing human trafficking, as provided in Section 30-52-1 NMSA 1978;

(7) committing a felony involving the use of a firearm; or

(8) committing aggravated arson, as provided in Section 30-17-6 NMSA 1978.

The link to review House Bill 4 is here:

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

Sen. Peter Wirth, majority floor leader, said this about House Bill 4:

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

Links to quoted or relied upon news coverage is here:

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

https://www.abqjournal.com/news/article_aa158e90-d9c9-11ef-aa34-477662558954.html

https://newmexicosun.com/stories/669238888-new-mexico-chief-justice-seeks-funds-for-court-modernization-and-security

GUTTING OF NON-PROFIT MENTAL HEALTH CARE PROGRAMS BY REPUBLICAN GOVERNOR SUSANA MARTINEZ

The cruelest thing that Governor Susana Martinez did as Governor was order a politically motivated and bogus  “audit” of mental health services by nonprofits in New Mexico which devastated New Mexico’s behavioral health care system.  More than 160,000 New Mexicans received behavioral health services in 2014, with most of those services funded by Medicaid, according to the Human Services Department.

In June 2013, under the direction of Governor Martinez, the Human Services Department cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The Martinez Administration said that the outside audit showed more than $36 million in overbilling, as well as mismanagement and possible fraud. In early 2016, at least 13 of the 15 nonprofits that were shut down. The Martinez Human Services Department agency then brought in the 5 Arizona providers of their choosing to take over. Attorney General Hector Balderas did an investigation and found no fraud and cleared the nonprofits of fraud.

Even though New Mexico Attorney General Hector Balderas exonerated the behavioral health nonprofits  the damage had been done to the New Mexico  nonprofits and many simply went out of business. Three of the five Arizona providers brought in by Governor Susana Martinez’s administration in 2013 to replace the New Mexico nonprofits pulled up stakes in the state and the states mental health system never fully recovered.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

COMMENTARY AND ANALYSIS

The final passage of the Behavioral Health Reform Package  by the New Mexico Legislature with a bi-partisan vote is a major victory and a reflection of just how far the state has come to fix its broken health care system.  The passage of the 3 bills comes more than 12 years  after former Republican Governor Susana Martinez gutted New Mexico’s behavioral system in 2013, freezing Medicaid funding to 15 providers over fraud and overbilling accusations. All the accused providers were later exonerated by Attorney General Hector Balderas of wrong doing, but the damage had been done and many mental health care providers simply went out of business and closed. The state has tried to play catch up, better never filled the void.

Final enactment by the legislature of all 3 Senate bills making  sweeping changes to the state’s health care system to deal with mental illness and drug abuse is long overdue and there is indeed cause for celebration. The Behavioral Health Reform Package addresses  programs and facilities. The huge void to address the mandatory civil commitment of those who are to be danger to themselves and others  and criminal competency was filled with the enactment of House Bill 4 as part of House Bill 8 known as the Omnibus Crime Package.

House Bill 4 specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. House Bill 4 essentially  contains  the very same provisions that were mandated in Senate Bill 16 that was rejected last year during the special session. Under House Bill 4, after a civil competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Once a person is determined not to be competent and determined to be a threat to themselves and others, the court could order mandatory treatment. With the passage of the Behavioral Health Reform Package, there will be treatment facilities and mental health care that will be provided under the direction of the courts.

New Mexico’s behavioral health care system has emerged as a major priority during the 2025 legislative session as lawmakers grapple with how to reduce violent crime rates, drug abuse and homelessness.  A bipartisan approach has emerged after interim committee meetings last summer that rejected Governor Lujan Grisham’s proposed legislation for involuntary commit of those who suffer from severe mental illness and who pose a serious risk to themselves and others.  It was an attempt to remodel a fragmented and largely ineffective state behavioral care health system.

STATE SENATE PASSES BEHAVIORAL HEALTH CARE PACKAGE

On February 14, the New Mexico State Senate passed on a bipartisan vote  3 Senate Bills that  would make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide. They are the very first 3  Senate bills introduced in the 2025 Legislative Session marking their importance.

The package of bills, Senate Bills 1, 2 and 3, passed with broad support, two of them on 37-5 votes and the third on a similar 37-4 vote. Most of the “no” votes were cast by Republican senators. The following is a description of each of the proposed Senate Bills:

Senate Bill 1: This bill would create a $1 billion behavioral health trust fund that would be invested by the State Investment Council. A yearly distribution of 5% of the fund’s value — or $50 million at the start — would be made to help fund programs statewide.

Senate Bill 2: This bill would appropriate $140 million to the New Mexico  Administrative Office of the Courts and various state agencies to set up a new framework for behavioral health programs statewide.

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

Both Democratic Majority Floor Leader Senator Peter Wirth and Republican Minority Floor Leader Senator Will Sharer voted for all three Senate bills.

Democrat Sen. Peter Wirth, the majority floor leader said this:

“We have a behavioral health crisis. We have folks we see every day on the streets in our communities who need help. … The hope is to take one-time money and put it into that trust fund and then spin off a 5% annual return, more or less, basically taking one-time money and creating recurring money for behavioral health.”

Republican Senator Will Sharer, the minority floor leader, said this:

“For the first time in a decade, we’re at least trying to address the problem,” said. … With each region, we’ll bring all of the various stakeholders together and say, okay, so here’s our problems. Here are the resources we have, here’s what we think we need, and here’s how we’re going to use those resources. So, the plan for San Juan County doesn’t have to look like Bernalillo County or anywhere else.”

President Pro Tem Mimi Stewart, D-Albuquerque, said this during debate:

“This is a huge change from the way we’ve done things in the past,” said Senate

One major change made  to the behavioral health package before the full Senate vote was  removing a $1 billion appropriation for the new proposed trust fund.  Money for the new fund is now expected to be provided in a separate budget bill during this year’s 60-day session, though Senate Majority Leader Peter Wirth, D-Santa Fe, said it’s unlikely the appropriation will end up hitting the $1 billion mark this year.

Links to quoted or relied upon news sources are here:

https://www.koat.com/article/legislation-addressing-behavioral-and-mental-health-passes-the-senate/63835077

https://www.abqjournal.com/news/article_4f1dc4ba-eb0a-11ef-ba1d-3779878c0568.html

https://www.kob.com/new-mexico/behavioral-health-bills-cross-halfway-point-in-2025-legislative-session/

EXTENT OF CRISIS 

A recent report  by the New Mexico Justice Reinvestment Working Group found that 65% of individuals who enter the state’s criminal justice system have a behavioral health need and the criminal justice system cannot provide necessary medical  treatment and facilities.  According to Kaiser Family Foundation data,  New Mexico has one of the nation’s highest suicide rates, and more than one-third of state residents reported anxiety or a depressive disorder in 2023,

Adrian Avila, the chief of staff for the Senate Finance Committee, was tasked with taking the lead on crafting the package after a special session called last summer by Gov. Michelle Lujan Grisham ended with the Democratic-controlled Legislature declining to take up all of the governor’s crime-focused agenda.

Avila went so far as to traveled to Miami Florida last year with behavioral health advocates to tour  the  Miami-Dade County  Court diversion program that has drawn accolades for its success.  Avila said the “Miami model” would not be totally feasible in New Mexico because the state’s population is not as densely concentrated.

Avila described the package that grew out of countless meetings and negotiations as a “bottom-up” approach to tackling mental health and drug abuse issues across the state.

On February 4, Avila told the Senate Finance committee this:

“We’re creating an entire ecosystem here.”

Democrat Majority Floor Leader Peter Wirth of Santa Fe and Republican Senate Minority Floor leader William Sharer of Farmington are jointly sponsoring Senate Bill 1 of the behavioral health legislation. On February 4 they presented their legislation together to the Senate Public Affairs Committee.  Several other top Republicans and Democrats have teamed up to carry two bills.   Republican Senator Sharer said this of the $1 Billion funding:

“Things are getting worse, not better. … This is a huge, huge amount of money, but also a huge accountability piece. … So this is it.”

NEW MENTAL HEALTH CARE MODEL PROPOSED

Under the proposed legislation, the new mental health care model would put the state judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. This is  a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

The proposed legislation would increase accountability by requiring regional plans outlining priorities for providing mental health and substance abuse treatment.  The new $1 billion trust fund would provide at least $50 million of annual funding to support the regional plans, which would largely be overseen by the state’s judiciary.

On February 4, Senator Wirth told the Senate Public Affairs Committee that it’s imperative the courts receive sufficient funding to carry out implementation of the region-based approach. Wirth said this:

“They’ve been willing to step up and we have to make darn sure they have the resources to do it.”

While the state is projected to spend roughly $1.1 billion on behavioral health programs in the current budget year, the state’s behavioral health collaborative has not met in over one year and does not have an appointed director.

SENATE BILLS MOVE FORWARD  DESPITE  SKEPTICISM

Senator Wirth  has expressed optimism the package could reach the governor’s desk by the midpoint of the 60-day session which is February 20.

Despite the bipartisan support, not all lawmakers are fully on board with the proposed package. Hobbs Republican Senator Larry Scott cast the lone “no” vote against the bill in the Senate Health and Public Affairs Committee and said he remains concerned about accountability safeguards. Senator Scott said this:

“I remain skeptical that this approach is going to be successful because I don’t see a single responsible agency.”

Sen. Nicole Tobiassen said this:

“We know we have to have a solution for everyone. Is this the perfect solution? I don’t know that it is, but it appears that at least there’s some groundwork here that we can all work from.”

The Health Care Authority has also raised several issues with one of the bills in a legislative analysis, saying it could “fragment” oversight and funding authority for the state’s behavioral health system.

Some efforts to expand the state’s mental health treatment options  are proceeding. On February 4, Clovis Mayor Mike Morris told the Senate Finance Committee that a group of eastern New Mexico cities and counties are set to move forward with building a new crisis triage center on an 18-acre site near the Plains Regional Medical Center. The facility would provide temporary beds for individuals dealing with mental illness or substance abuse issues to be housed before a treatment program could be determined.  Mayor Morris said under the current system, most such individuals either end up in local hospital emergency rooms or in jails. Morris told the Senate Finance Committee this:

“That obviously is not as good as we think we can do.”

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

https://www.abqjournal.com/news/article_020e02b8-e324-11ef-9474-1fe32040c56c.html

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

GOVERNOR ON BOARD WITH PLAN AFTER FIRST EXPRESSING MISGIVINGS

Gov. Michelle Lujan Grisham at first expressed misgivings about the proposal of placing the judiciary in charge of overseeing regional plans for triage centers, mobile response teams and other behavioral health programs. The 3 Senate Bills will also make sweeping changes to how New Mexico’s mental health and drug abuse treatment programs are run statewide.

The Governor said this initially:

“To take an administrative arm of the courts and tell them to stand up behavioral health programs doesn’t make a lot of sense to me.”

Under the plan approved by the Senate, the state judiciary would take on a larger role in approving regional behavioral health plans, while the state Health Care Authority would remain in charge of overseeing funding.  This is  a significant change from the current system, which largely falls under the executive branch’s jurisdiction.

However, before the Senate vote, the Governor’s Office indicated those concerns were largely resolved after negotiations with legislators and Supreme Court Chief Justice David Thomson.

JUDICIAL BRANCH PREPARED TO TAKE ON LARGER ROLE

Top judicial branch officials  said New Mexico’s courts are willing to shoulder a larger role under a legislative plan to overhaul the state’s mental health and substance abuse treatment system. During the February 12  meeting of the Senate Finance Committee,  Administrative Office of the Courts (AOC) Director Karl Reifsteck acknowledged the judicial branch is not currently a key player in the state’s behavioral health system. Reifsteck said the court system is willing to take on a larger role and has already begun preliminary work on how it would implement the changes proposed by a legislative package of bills. Reifsteck said this:

“This is not a role the courts requested, but it’s one we’re happy to accept if that’s the Legislature’s decision”.

Reifsteck said the judicial branch would act “very, very quickly” to implement the bill if it is ultimately passed by lawmakers and signed into law by Lujan Grisham.

During the 2024  Special Session, legislators appropriated $3 million to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. The 3 behavioral health Senate bills moving forward would put the judiciary in charge of planning while leaving the state Health Care Authority largely in charge of overseeing funding. That would be a significant change from the current system which  falls under the executive branch’s jurisdiction

During the February 12 meeting of  the Senate Finance Committee, Chief of Staff Adrian Avila of the committee said  early positive returns on those investments played a role in the decision to task the courts with a broader, permanent  role in overseeing behavioral health programs.

During the February 12 Senate Finance committee meeting Health Care Authority Secretary Kari Armijo described the proposal to have the court’s administer the program as having a “bifurcated” accountability structure but she did not express opposition to the plan.

Senate Finance Committee Chairman George Muñoz, D-Gallup, said this about the legislation:

“We all see this as a crisis.  [The current system] is not working.”

https://www.abqjournal.com/news/article_8cf6acb8-e8b0-11ef-9454-73bab70d54f4.html#tncms-source=home-featured-7-block

NEW MEXICO SUPREME COURT ALSO SEEKS FUNDING FOR BEHAVIORAL HEALTH

On January 23, New Mexico Supreme Court Chief Justice David Thomson of addressed New Mexico lawmakers to discuss the financial needs of the state’s court system. Thomson highlighted several areas requiring funding. One area he expressed concern over was new efforts and court outpatient treatment programs for individuals with mental illness.

During his State of the Judiciary Address Supreme Court Chief Justice David Thomson said this:

“The judiciary is committed to doing the hard work to support the policy initiatives of the Legislature and the executive on behavioral health. … We will do our part. … My request to you is that we are not asked to do more to the detriment of our core judicial function.”

Thomson asked lawmakers to make the $3 million in funding approved during a special session last year recurring to ramp up court-ordered assisted outpatient treatment programs for individuals with mental illness in three judicial districts. Judge Thomson said this:

“We need that extended if this is a program that is of value to you so we can be consistent in its application.”

Behavioral health remains a priority for the court’s with the  $3 million pilot program underway for Assisted Outpatient Treatment (AOT). While early results show some success, comprehensive outcomes are yet to be determined. Thomson stressed funding not only courts but also criminal justice partners like law enforcement and public defenders.

A treatment program in the Santa Fe-based 1st Judicial District was recently launched using Legislature’s initial start-up funding, though Thomson said he did not yet have information about the number of participants.  Judge Thomson told law makers “We literally turned on the switch” .

Senate Majority Leader Peter Wirth told judicial officials during a Senate Committee  hearing he’s committed to securing recurring funding for the assisted outpatient program, which connects defendants with counseling, medication and other services for up to one year. Wirth also said it’s important for such court programs to be in place and fully staffed as legislators consider changes to the state’s approach to assisting individuals found not to be competent, both in criminal and civil cases. Wirth referring to the state’s assisted outpatient treatment programs said this:

“This law has been on our books since 2016 and we just weren’t using it.”  

LEGISLATIVE CHANGES TO EVALUATION  PROCESS

Rep. Christine Chandler, D-Los Alamos, has  filed legislation changing the process for evaluating whether criminal defendants are competent to stand trial. House Bill 4  would specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. After a competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Based on that determination, a defendant would either be ordered to attend an assisted outpatient treatment program or be sent to the state Behavioral Health Institute in Las Vegas, New Mexico.

https://www.abqjournal.com/news/article_aa158e90-d9c9-11ef-aa34-477662558954.html

https://newmexicosun.com/stories/669238888-new-mexico-chief-justice-seeks-funds-for-court-modernization-and-security

RECALLING THE GUTTING OF NON-PROFIT MENTAL HEALTH CARE PROGRAMS BY GOVERNOR SUSANA MARTINEZ

One of the cruelest things that Governor Martinez did as Governor was order an “audit” of mental health services by nonprofits in New Mexico which devastated New Mexico’s behavioral health system. in 2014, more than 160,000 New Mexicans received behavioral health services with most of those services funded by Medicaid according to the Human Services Department at the time.

In June 2013, under the direction of Governor Martinez, the Human Services Department cut off Medicaid funding to 15 behavioral health nonprofits operating in New Mexico. The Martinez Administration said that the outside audit showed more than $36 million in overbilling, as well as mismanagement and possible fraud. The audit was false. The Martinez Human Services Department agency brought in the 5 Arizona providers to take over.

In early 2016, at least 13 of the 15 nonprofits that were shut down were exonerated of fraud by New Mexico Attorney General Hector Balderas. Even though AG Balderas found no fraud and cleared the nonprofits of fraud the damage had been done to the nonprofits and many just went out of business. Lawsuits ensued and the Governor Lujan Grisham Administration was stuck settling most of the cases out of court to the tune of millions of taxpayer dollars.

Three of the five Arizona providers brought in by Governor Susana Martinez’s administration in 2013 to replace the New Mexico nonprofits pulled up stakes in the state and the states mental health system never fully recovered.

The freezing of Medicaid funding to 15 providers over false fraud and overbilling accusations and intentionally gutting  the state’s mental health care system can only be described as  cruel and vicious conduct by a political hack.  The state is still  playing  catch up to fill the void to provide mental health care services to those who desperately need them.

https://www.abqjournal.com/749923/third-arizona-behavioral-health-provider-to-pull-out-of-state.html

COMMENTARY AND ANALYSIS

The passage of the three behavioral health bills by the Senate in a bi partisan vote is a major victory and a reflection of just how far the state has come to fix its broken health care system.  The passage of the 3 bills comes more than a decade after former Republican Gov. Susana Martinez gutted New Mexico’s behavioral system in 2013.

Enactment of all 3 Senate bills making  sweeping changes to the state’s health care system to deal with mental illness and drug abuse is long overdue and should be enacted. However, all  3 Senate Bills only address programs and facilities. There is still a void to address the mandatory civil commitment of those who are to be danger to themselves and others.  House Bill 4,  sponsored by Rep. Christine Chandler,  would fill the void.

House Bill 4 specifically require that competency evaluators determine whether defendants are dangerous to themselves or others. House Bill 4 essentially  contains  the very same provisions that were mandated in Senate Bill 16 that was rejected last year. Under House Bill 4, after a civil competency hearing, and if a defendant is found not to be competent, a judge would then decide whether the defendant poses a threat. Once a person is determined not to be competent and determined to be a threat to themselves and others, the court could order mandatory treatment.

The New Mexico House should enact all 4 measures and send them on to the Governor for signature.

On February 15, the New Mexico House of Representatives voted 48-20 on an omnibus crime package of six bills intended to reduce crime.  Nine Republicans, including all House GOP leaders, voted in favor of the bill, despite saying it doesn’t go far enough. Three Democrats voted against the package. The omnibus crime package will be sent to the Senate for further committee hearings with Senators deciding whether to make changes to the package before its voted on by the full senate for passage and sending it Governor for signature to become law.

The six house bills embodied in  House Bill 8  are:

House Bill 4 would give prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing.

House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison.

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

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

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

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

REACTIONS TO PASSAGE

House Bill 8  sponsor Rep. Christine Chandler, D-Los Alamos said this about its passage:

“The public wants this. …. People want us to be addressing public safety.”

Governor Lujan Grisham said in a statement that the passage of the bill  is an important step forward, but the work isn’t finished, urging legislators to pass other public safety legislation. The Governor said this:

“Get these public safety bills to my desk now — our communities deserve real protection, not more excuses.”

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

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

OTHER SEPARATE LEGISLATION STILL PENDING

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major bills introduced:

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

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

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

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

House Bill 12 is headed to a vote on the floor of the House of Representatives. It would create an alternative process for police officers to ask a judge for an Extreme Risk Firearm Protection Order, if a reporting party isn’t available or doesn’t want to be involved.

REACTION TO ENACTMENT OF HOUSE BILL 8

House Judiciary Committee Chair Rep. Christine Chandler sponsor of  House Bill 8  said the six bills were rolled into one in response to public interest.  Chandler said this:

“Our commitment to the public [is] to address crime swiftly. … We are doing that through a collection of bills that I think are very meaningful and impactful.

A public safety coalition composed of 11 civic organizations issued a statement with comments it said would have been delivered had public comments been allowed in the House Judiciary Committee hearing. The  coalition includes NM Native Vote, Equality New Mexico, the American Civil Liberties Union of New Mexico and Albuquerque Healthcare for the Homeless.

In a released statement, the public safety coalition said members appreciated the collaborative work done to address their concerns about the criminal competency proposals, but said the final bill fails to address root causes and instead “focuses on new crimes, increased punishments, and forced hospitalization.”  Chandler for her part  said no public comments were allowed because  each bill within the package had already been through the public comment process.

In a statement, ACLU-NM Interim Director of Public Policy Lena Weber said this:

“The  caucus proposals are wrapped up into HB8 now depart starkly from those championed by these community voices. While the proposal makes significant improvements from the proposals of the 2024 special session, HB8 still relies principally on coerced care and forced hospitalization, which we know often exacerbate the very problems they seek to fix.”

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

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

REPUBLICAN OPPOSTION

House Republicans severely criticized  the six-bill package as “window dressing” that falls short of New Mexicans’ expectations for addressing high violent crime rates. House Minority Whip Alan Martinez, R-Bernalillo said this:

“We need common sense solutions that are actually going to impact the crime that we see every day.”

Much of the GOP criticism focused on House Democrats’ decision not to include a bipartisan bill dealing with juvenile criminal offenders in the crime package.

Rep. Andrea Reeb, R-Clovis, a former prosecutor, accused Democrats of blocking the bill’s progress despite support from Gov. Michelle Lujan Grisham and Bernalillo County District Attorney Sam Bregman. Reeb said this:

“I feel that Democrats just don’t want to include it and don’t want to listen to it at this point.”

Rep. Nicole Chavez (R-Albuquerque) said she voted against the package because it doesn’t go far enough and it does not t include her proposed changes to the Delinquency Act. That act governs how the state can hold children accountable for behavior that would be considered criminal if they were over 18.  Rep. Nicole Chavez said this:

“I am in favor of most of the bills in here if not all maybe just other than one concern and so I just I just don’t feel like it goes far enough to address crime in the state.”

DISAPPOINTMENT EXPRESSED

House Judiciary Committee Chair Rep. Christine Chandler expressed disappointment about the Republican opposition to the package. She pointed out that several bills in the package, including a measure making it easier for law enforcement to get blood samples of motorists suspected of drugged driving, were filed by Republican lawmakers. In addition to the drugged driving proposal, the crime package also includes bills dealing with fentanyl trafficking, vehicle theft, school shooting threats and how New Mexico treats criminal defendants deemed incompetent to stand trial. Chandler said this:

“We had expected bipartisan support, based on our consultations.”

CRIMINAL COMPETENCY LAW

One of the big issues being highlighted in the 2025 legislative session is a revision to the state’s criminal competency laws.  House Bill 8 will expand the evaluation process to allow judges to make a case-by-case review for suspects accused of certain serious crimes. They would have to go through a mental health hearing to determine if they are competent to stand trial and if they are dangerous. If a defendant is deemed incompetent and considered to be dangerous to themselves or others, then they can be involuntarily admitted to a mental health facility. A hearing will be held 90 days later to check if they can stand trial.

Rep. Christine Chandler (D – Los Alamos), the sponsor of House Bill 8 said this:

“… [W] here the individual is deemed not dangerous and not competent…we have expanded the opportunities to work with individual.”

GOVERNOR LUJAN GRISHAM REACTS

Governor Michelle Lujan Grisham has urged lawmakers to pass a slew of bills related to public safety during this year’s session.  Governor Lujan Grisham said this:

“I support these bills and appreciate the House’s quick work on this public safety package — but New Mexicans are demanding more.   Bills still pending in the Senate would address violent crime, gun crimes and serious issues related to juvenile offenders, but most are not yet scheduled for hearings. … I hope the Senate will hear these bills soon and help us produce the most comprehensive and effective public safety package possible.”

Links to quoted or relied upon news sources are here:

https://sourcenm.com/briefs/house-judiciary-approves-two-public-safety-bills-over-the-weekend/

https://www.koat.com/article/public-safety-package-advances-to-the-senate/63807723

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

https://www.krqe.com/news/politics-government/legislature/public-safety-package-passes-major-hurdle-at-the-roundhouse/

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

https://www.abqjournal.com/news/courts/article_740fc010-ea43-11ef-a3b8-33c616cb4192.html

https://www.abqjournal.com/news/article_6fed2680-eca5-11ef-9e76-275f030494ce.html#tncms-source=home-featured-7-block

JUVENILE JUSTICE REFORMS

House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. During the House floor debate of the six bill crime package, Rep. Andrea Reeb, R-Clovis, was  the first Republican member to debate the bill and immediately introduced a bill substitute, saying “The public wants more. … Democrats should continue to embrace doing even more”.  Her efforts were quickly shot down.

Reeb tried to include a Youthful Delinquency Act with more severe penalties in the crime package and her effort failed. Rep. Nicole Chavez, R-Albuquerque, whose son was shot in a drive-by shooting in 2015, said this:

“When we leave juvenile crime out of this crime package, we send a dangerous message that accountability has an age limit.”

Democratic lawmakers have said they are still planning to debate juvenile justice reforms this session. House Judiciary Committee Chairman Rep. Christine Chandler said the juvenile offender bill embodied in  House Bill 134  could still advance during this year’s 60-day session. Chandler said this:

“To rush a delinquency statute that hasn’t been vetted by any committee yet is doing the community and the public a disservice. …   Are we open to that bill? Yes, of course we are. … It wasn’t included [in the omnibus package] because, unlike all the bills that were included, it has not gone through the committee process. … We have to be very thoughtful about how we approach young people in the criminal justice system.”

Chandler said the proposed changes to the Delinquency Act was  inappropriate to be included  House Bill 8  because it has not been heard in any committee yet, while every bill in this package had already been discussed.

Bernalillo County District Attorney Sam Bregman has been lobbying  lawmakers to pass sweeping juvenile justice reform since October.  A bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code has emerged  to make sure violent teen suspects are held accountable.

DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

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

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

House Bill 134 is a bipartisan juvenile justice reform bill. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes. It is also an effort to rename the Juvenile Corrections Act to the Juvenile Community Connections Act. It would  set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

In the House Judiciary Committee,  Republican Rep. Nicole Chavez said the public safety package didn’t go far enough to address juvenile crime. Committee Chair, Democratic Rep. Christine Chandler said the Children’s Code bills hadn’t been vetted yet and she said this:

“I think we need the time and deliberative process to work on that bill, and I’m sorry people are disappointed that we didn’t rush it through, but rush doesn’t mean good.”

DA Bregman said that’s not good enough. He’s been working with lawmakers on juvenile justice reform since October.

“I will accept whatever the Legislature decides to do, but what I won’t accept is disinformation when it comes to well this is being rushed upon them or something like that. …This has been in front of them for months.”

DA BREGMAN’S PROPOSED CHANGES TO DELINQUENCY ACT

Bernalillo County District Attorney Sam Bregman has said that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

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

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

“The most significant thing we can do on crime in the Legislature this year is truly amend the Children’s Code to deal with the unbelievable spike in juvenile crime that we’re seeing out there. … If they don’t pass anything when it comes to juvenile crime, it leaves a big hole in people’s guts, like what’s going on here? Because this is a big problem. … As time goes by, you start to lose the idea that you have any momentum or that it’s moving forward.”

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

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

ENACT MEANIFUL JUVENILE JUSTICE REFORM

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, ages 13 to 15,  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.  When incarceration  does happen it can only be up and until the child reaches 18.  However, things do get very complicated when gun violence is involved and 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 extent and types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile  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.

FINAL COMMENTARY

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Many lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders.

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

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

In a press release dated Friday, February 14, Valentines Day, the New Mexico Department of Justice announced U.S. Attorney Alexander Uballez had resigned at the request of President Donald Trump. Uballez said he received notice of his firing by the Trump administration in his personal email account on President’s Day, Monday, February 17 in the afternoon. His firing came after he was stripped of his government cellphone and computer access on February 14 without prior notice nor explanation. He alerted the U.S. Department of Justice of the lock out but received “no guidance.” Speaking on the lockout, Uballez said he had “never heard of this happening before.”

Uballez is among more than 20 other U.S. Attorneys who were asked to step down and who were appointed by Presidnt Joe Biden. First Assistant U.S. attorney Holland Kastrin will serve as acting U.S. attorney until President Trump nominates a successor. The Trump nominee will need to be confirmed by the Senate. There is no word on who the Trump administration will nominate as the next U.S. Attorney for New Mexico.

STATEMENTS ISSUED

U.S. Attorney Alexander Uballez issued the following statement:

Today, I say farewell to a Department that I love. Together, we have made our community safer by delivering swift and certain justice to the most prolific violent offenders, human and drug traffickers, and child abusers. We have saved lives by intervening to prevent violence and by supporting those who strive to return to our community from incarceration. Most importantly, we fought to build a community united in the pursuit of justice for all by choosing prevention before punishment, delivering consequences but not indignity, and seeking redemption not isolation.”

Raul Bujanda, Special Agent in Charge of the FBI Albuquerque field office issued the following statement on the Uballez firing:

“Alex Uballez has served the people of New Mexico with honor and distinction as U.S. Attorney and has been an incredible partner in our mission to protect the American public. Throughout his time as U.S. Attorney, Mr. Uballez has been dedicated to ensuring the safety of the citizens in our community and relentless in his pursuit of justice for victims of crime. There is no doubt his work has made a positive impact on our community. It’s been a privilege to work with Mr. Uballez, we thank him for his service and wish him well in his future endeavors.”

Margaret A. Katze, Federal Public Defender for the District of New Mexico issued the following statement on the Uballez firing:

“I had the privilege of working with Alex, first as an Assistant United Sates Attorney and later as the United States Attorney. … Throughout his tenure, he exemplified honesty and a straightforward approach. His focus on community safety was evident in his deliberate, data-driven prosecutorial decisions, always asking whether a case would enhance public safety. Alex’s commitment to community engagement as a crime-reduction strategy was thoughtful and research-based. Under his leadership, the U.S. Attorney’s Office played a key role in establishing the District’s first re-entry court. I thoroughly enjoyed working with him and found our professional partnership both effective and rewarding.”

DWI ENTERPRISE SCANDAL

U.S. Attorney Alexander Uballez was nominated by President Joe Biden on January 26, 2022, and confirmed by the Senate on May 17, 2022. Within 16 months after he was confirmed by the Senate in May 2022, Uballez opened an inquiry into the single  largest public corruption and bribery scheme in APD’s history. The evidence later showed the criminal operation eluded detection for nearly 30 years.

The massive FBI investigation initially focused on allegations that officers with the Albuquerque Police Department’s DWI unit were intentionally missing court and withholding evidence. The officers were working with Albuquerque lawyer Thomas Clear, III, to get his clients’ charges thrown out. In return, according to guilty pleas, the officers received cash, gifts, legal advice, a diamond ring and even a set of tires.

As the FBI investigation progressed over a full year, the allegations of wrongdoing spread to DWI officers with the Bernalillo County Sheriff’s Department and the New Mexico State Police. Prosecutors’ court filings  mention at least one other DWI attorney involved in the scheme, which dated back to the mid-1990s.

At Uballez’s urging, the Bernalillo County District Attorney’s office in January 2024  dismissed more than 200 pending DWI cases involving the officers because their credibility were at issue. There’s been no estimate as to how many DWI suspects’ cases were dismissed or never filed as a result of the scheme dubbed the “DWI Enterprise” by federal prosecutors.

Clear, his law firm’s investigator Ricardo “Rick” Mendez, and three former APD officers have plead guilty as charged to bribery and racketeering charges. Uballez declared  the investigation would continue. Uballez said this:

“We are not done digging. Now is the time to come clean — if you were ever involved in this deceit, now is the time to come to the table.”

Uballez said his departure shouldn’t affect the ongoing prosecution of additional law enforcement officers and others involved in what has been dubbed the “DWI Enterprise.”  Uballez said the New Mexico US Attorney  office’s career staff is not changing.

Links to relied upon or quoted news sources:

https://www.abqjournal.com/news/article_bbb7be32-ed67-11ef-9faf-afe3c73eeb01.html#tncms-source=home-featured-7-block

https://www.justice.gov/usao-nm/pr/us-attorney-alexander-uballez-step-down-concluding-impactful-tenure-new-mexico

https://www.koat.com/article/new-mexico-us-attorney-uballez-leaves-albuquerque/63822383

https://www.kob.com/new-mexico/us-attorney-for-new-mexico-resigns-at-trumps-request/

https://www.krqe.com/news/new-mexico/new-mexicos-u-s-attorney-says-he-is-locked-out-of-work-devices/

COMMENTARY AND ANALYS

One of the very first order of business when a President assumes office is the removal of all political appointed United States Attorneys in the country. The fact that U.S. Attorney Alexander Uballez was fired by President Donald Trump was no surprise. The firing  was fully expected after Attorney General Pam Bondi was confirmed by the United States Senate on February 5. What came as a shock is the swiftness and the downright nastiness the way the firing was done. Locking out a long-term career employee before resigning is about a low as it gets.  It appears to be standard practice of Trump and Elon Musk to humiliate long term government employees that they have a distain for and who they decry as being part of the “deep state”.

There is no doubt that the firing of  New Mexico U.S. Attorney Alexander Uballez will have an impact on the largest criminal corruption and bribery case in APD’s history, the question is how much? There has been no official word issued by the main Justice Department Office in Washington to see if the investigation will be suspended or will be allowed to proceed.  Despite assurances by Uballez that the investigation is going forward, whoever is appointed to replace him will have the authority to decide how to proceed. The question is what kind of commitment will the new United States Attorney for New Mexico make to aggressively prosecute the case and charge all those that have been implicated?

Then there is the matter of the Uballez replacement. The replacement will no doubt be a Republican Trump loyalist who is a New Mexico licensed attorney. In his first term, when former United States Attorney Damon Martinez was terminated by Trump, he was  replaced moderate Republican John Anderson to be US Attorney. Martinez went on to work for the City of Albuquerque and then ran for Congress, lost to Deb Haaland and then went into private practice.  Anderson is respected within the legal community and has strong legal credentials. Both Martinez and Anderson were low profile as United States Attorney and they did not carry out a politcal agenda or vendetta. When Anderson was replaced by Uballez, Anderson went to work with a Santa Fe law firm and even represents the City of Albuquerque from time to time. Recently, Anderson defended the City of Albuquerque in a case filed by the ACLU on behalf of the homeless over the closure of Coronado Park.

The biggest concern is Trump will appoint a hard core MAGA Firebrand as the next United States Attorney for New Mexico who will be given marching orders to aggressively take on the Democrat establishments in Santa Fe,  Albuquerque and Las Cruces. This will be especially so when it comes to any interference with detaining, arresting and deporting those who are here illegally. Albuquerque is considered by many as a “sanctuary city” because of  “immigrant friendly” policies  initiated by Mayor Tim Keller.  Mayor Tim Keller and Governor Michelle Lujan Grisham have vowed to oppose Trump policies.

Normally, applications for United States Attorney are made with the states two United States Senators who in turn screen and perhaps interview the applicants.  A list of nominees is compiled and forward to the White House and the nominee is selected.  Either Senator Martin Heinrich or Senator Ben Ray Lujan could place a hold on any nomination they find as too offensive, but that will not last for long and Trump will no doubt get exactly who he wants and who will be confirmed by the Republican controlled United State Senate.

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POSCRIPT

U.S. ATTORNEY ALEXANDER UBALLEZ  ACCOMPLISHEMENTS

During his tenure as United States Attorney for New Mexico, Alexander Uballez he focused on restructuring the office’s approach to violent crime. He engaged in proactive measures through the Project Safe Neighborhoods program, working in partnership with Albuquerque Community Safety’s Violence Intervention Program, to engage directly and personally with those most likely to shoot or be shot. For those who chose violence, he realigned federal law enforcement to focus on the danger of the individual, not the nature of the charge, and in doing so wielded federal jurisdiction surgically against those driving violence in our community. And he established the District’s first Federal Reentry Program in order to support people returning to our community from incarceration.  Uballez’s other efforts included expanding resources and services to Tribal communities and modernizing the U.S. Attorney’s Office by transitioning it from a paper file system to digital, enhancing operational efficiency and responsiveness in federal prosecutions.

During his tenure, Uballez also served in a senior policy role at the Department of Justice, having been appointed to the Attorney General’s Advisory Committee where he advised Attorney General Merrick Garland on policy, procedure, and management impacting U.S. Attorney’s Offices. Uballez also served on subcommittees specializing in Native American issues, violent and organized crime, environmental justice, and border and immigration. Before his appointment as U.S. Attorney, Uballez was an Assistant U.S. Attorney, focusing on organized crime investigations and prosecuted serious offenses such as child sexual abuse, human trafficking, and violent crimes. As a line attorney, Uballez also handled the extradition of high-profile cartel leader Carlos Arturo Quintana, and assisted in international investigations pursuant to Mutual Legal Assistance Treaties.

Beat Goes On In The Largest Corruption Scandal In APD’s History With No End In Sight; ACLU Files Lawsuit; Clear, Mendez And 3 Former APD Officers Charged, Plead Guilty; Clear’s Law License Suspended, Law Office Forfeited; 13th APD Officer Retires; Two Officers Implicated Found Working For CYFD And Then Suspended; One Officer Secures State Contract To Train Officers In DWI Recognition Techniques

On February 15, the New Mexico House of Representatives voted 48-20 on an omnibus crime package of six bills intended to reduce crime.  Nine Republicans, including all House GOP leaders, voted in favor of the bill, despite saying it doesn’t go far enough. Three Democrats voted against the package. The omnibus crime package will be sent to the Senate for further committee hearings with Senators deciding whether to make changes to the package before its voted on by the full senate for passage and sending it Governor for signature to become law.

The six house bills embodied in  House Bill 8  are:

House Bill 4 would give prosecutors more options to involuntarily commit people into a locked psychiatric facility if they are found to be dangerous to themselves or others and unable to stand trial.

House Bill 16 would increase sentences for trafficking fentanyl, depending on how many pills the defendant is convicted of possessing.

House Bill 31 would more severely punish the crime of threatening to shoot people by increasing the attached penalty from a misdemeanor, which carries a maximum possible jail sentence between six months and one year, to a fourth-degree felony, which comes with 18 months in prison.

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

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

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

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

REACTIONS TO PASSAGE

House Bill 8  sponsor Rep. Christine Chandler, D-Los Alamos said this about its passage:

“The public wants this. …. People want us to be addressing public safety.”

Governor Lujan Grisham said in a statement that the passage of the bill  is an important step forward, but the work isn’t finished, urging legislators to pass other public safety legislation. The Governor said this:

“Get these public safety bills to my desk now — our communities deserve real protection, not more excuses.”

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

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

OTHER SEPARATE LEGISLATION STILL PENDING

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Following are a few of the major bills introduced:

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

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

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

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

House Bill 12 is headed to a vote on the floor of the House of Representatives. It would create an alternative process for police officers to ask a judge for an Extreme Risk Firearm Protection Order, if a reporting party isn’t available or doesn’t want to be involved.

REACTION TO ENACTMENT OF HOUSE BILL 8

House Judiciary Committee Chair Rep. Christine Chandler sponsor of  House Bill 8  said the six bills were rolled into one in response to public interest.  Chandler said this:

“Our commitment to the public [is] to address crime swiftly. … We are doing that through a collection of bills that I think are very meaningful and impactful.

A public safety coalition composed of 11 civic organizations issued a statement with comments it said would have been delivered had public comments been allowed in the House Judiciary Committee hearing. The  coalition includes NM Native Vote, Equality New Mexico, the American Civil Liberties Union of New Mexico and Albuquerque Healthcare for the Homeless.

In a released statement, the public safety coalition said members appreciated the collaborative work done to address their concerns about the criminal competency proposals, but said the final bill fails to address root causes and instead “focuses on new crimes, increased punishments, and forced hospitalization.”  Chandler for her part  said no public comments were allowed because  each bill within the package had already been through the public comment process.

In a statement, ACLU-NM Interim Director of Public Policy Lena Weber said this:

“The  caucus proposals are wrapped up into HB8 now depart starkly from those championed by these community voices. While the proposal makes significant improvements from the proposals of the 2024 special session, HB8 still relies principally on coerced care and forced hospitalization, which we know often exacerbate the very problems they seek to fix.”

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

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

REPUBLICAN OPPOSTION

House Republicans severely criticized  the six-bill package as “window dressing” that falls short of New Mexicans’ expectations for addressing high violent crime rates. House Minority Whip Alan Martinez, R-Bernalillo said this:

“We need common sense solutions that are actually going to impact the crime that we see every day.”

Much of the GOP criticism focused on House Democrats’ decision not to include a bipartisan bill dealing with juvenile criminal offenders in the crime package.

Rep. Andrea Reeb, R-Clovis, a former prosecutor, accused Democrats of blocking the bill’s progress despite support from Gov. Michelle Lujan Grisham and Bernalillo County District Attorney Sam Bregman. Reeb said this:

“I feel that Democrats just don’t want to include it and don’t want to listen to it at this point.”

Rep. Nicole Chavez (R-Albuquerque) said she voted against the package because it doesn’t go far enough and it does not t include her proposed changes to the Delinquency Act. That act governs how the state can hold children accountable for behavior that would be considered criminal if they were over 18.  Rep. Nicole Chavez said this:

“I am in favor of most of the bills in here if not all maybe just other than one concern and so I just I just don’t feel like it goes far enough to address crime in the state.”

DISAPPOINTMENT EXPRESSED

House Judiciary Committee Chair Rep. Christine Chandler expressed disappointment about the Republican opposition to the package. She pointed out that several bills in the package, including a measure making it easier for law enforcement to get blood samples of motorists suspected of drugged driving, were filed by Republican lawmakers. In addition to the drugged driving proposal, the crime package also includes bills dealing with fentanyl trafficking, vehicle theft, school shooting threats and how New Mexico treats criminal defendants deemed incompetent to stand trial. Chandler said this:

“We had expected bipartisan support, based on our consultations.”

CRIMINAL COMPETENCY LAW

One of the big issues being highlighted in the 2025 legislative session is a revision to the state’s criminal competency laws.  House Bill 8 will expand the evaluation process to allow judges to make a case-by-case review for suspects accused of certain serious crimes. They would have to go through a mental health hearing to determine if they are competent to stand trial and if they are dangerous. If a defendant is deemed incompetent and considered to be dangerous to themselves or others, then they can be involuntarily admitted to a mental health facility. A hearing will be held 90 days later to check if they can stand trial.

Rep. Christine Chandler (D – Los Alamos), the sponsor of House Bill 8 said this:

“… [W] here the individual is deemed not dangerous and not competent…we have expanded the opportunities to work with individual.”

GOVERNOR LUJAN GRISHAM REACTS

Governor Michelle Lujan Grisham has urged lawmakers to pass a slew of bills related to public safety during this year’s session.  Governor Lujan Grisham said this:

“I support these bills and appreciate the House’s quick work on this public safety package — but New Mexicans are demanding more.   Bills still pending in the Senate would address violent crime, gun crimes and serious issues related to juvenile offenders, but most are not yet scheduled for hearings. … I hope the Senate will hear these bills soon and help us produce the most comprehensive and effective public safety package possible.”

Links to quoted or relied upon news sources are here:

https://sourcenm.com/briefs/house-judiciary-approves-two-public-safety-bills-over-the-weekend/

https://www.koat.com/article/public-safety-package-advances-to-the-senate/63807723

https://www.kob.com/new-mexico/santa-fe-northern-new-mexico/house-lawmakers-to-vote-on-public-safety-package/

https://www.krqe.com/news/politics-government/legislature/public-safety-package-passes-major-hurdle-at-the-roundhouse/

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

https://www.abqjournal.com/news/courts/article_740fc010-ea43-11ef-a3b8-33c616cb4192.html

https://www.abqjournal.com/news/article_6fed2680-eca5-11ef-9e76-275f030494ce.html#tncms-source=home-featured-7-block

JUVENILE JUSTICE REFORMS

House Bill 8 consisting of the public safety package of six bills passed does not contain any legislation to address juvenile justice reform. During the House floor debate of the six bill crime package, Rep. Andrea Reeb, R-Clovis, was  the first Republican member to debate the bill and immediately introduced a bill substitute, saying “The public wants more. … Democrats should continue to embrace doing even more”.  Her efforts were quickly shot down.

Reeb tried to include a Youthful Delinquency Act with more severe penalties in the crime package and her effort failed. Rep. Nicole Chavez, R-Albuquerque, whose son was shot in a drive-by shooting in 2015, said this:

“When we leave juvenile crime out of this crime package, we send a dangerous message that accountability has an age limit.”

Democratic lawmakers have said they are still planning to debate juvenile justice reforms this session. House Judiciary Committee Chairman Rep. Christine Chandler said the juvenile offender bill embodied in  House Bill 134  could still advance during this year’s 60-day session. Chandler said this:

“To rush a delinquency statute that hasn’t been vetted by any committee yet is doing the community and the public a disservice. …   Are we open to that bill? Yes, of course we are. … It wasn’t included [in the omnibus package] because, unlike all the bills that were included, it has not gone through the committee process. … We have to be very thoughtful about how we approach young people in the criminal justice system.”

Chandler said the proposed changes to the Delinquency Act was  inappropriate to be included  House Bill 8  because it has not been heard in any committee yet, while every bill in this package had already been discussed.

Bernalillo County District Attorney Sam Bregman has been lobbying  lawmakers to pass sweeping juvenile justice reform since October.  A bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code has emerged  to make sure violent teen suspects are held accountable.

DA Bregman has said that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

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

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

House Bill 134 is a bipartisan juvenile justice reform bill. It would expand what is legally called a “serious youthful offender” which would allow juveniles to be charged as adults for more crimes. It is also an effort to rename the Juvenile Corrections Act to the Juvenile Community Connections Act. It would  set aside money for programs providing services for youth in detention or CYFD and establish a panel to determine what comes next for a juvenile sentenced to a detention facility.

In the House Judiciary Committee,  Republican Rep. Nicole Chavez said the public safety package didn’t go far enough to address juvenile crime. Committee Chair, Democratic Rep. Christine Chandler said the Children’s Code bills hadn’t been vetted yet and she said this:

“I think we need the time and deliberative process to work on that bill, and I’m sorry people are disappointed that we didn’t rush it through, but rush doesn’t mean good.”

DA Bregman said that’s not good enough. He’s been working with lawmakers on juvenile justice reform since October.

“I will accept whatever the Legislature decides to do, but what I won’t accept is disinformation when it comes to well this is being rushed upon them or something like that. …This has been in front of them for months.”

DA BREGMAN’S PROPOSED CHANGES TO DELINQUENCY ACT

Bernalillo County District Attorney Sam Bregman has said that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

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

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

“The most significant thing we can do on crime in the Legislature this year is truly amend the Children’s Code to deal with the unbelievable spike in juvenile crime that we’re seeing out there. … If they don’t pass anything when it comes to juvenile crime, it leaves a big hole in people’s guts, like what’s going on here? Because this is a big problem. … As time goes by, you start to lose the idea that you have any momentum or that it’s moving forward.”

https://www.kob.com/news/top-news/da-bregman-talks-lack-of-juvenile-justice-reform-in-public-safety-package/

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

ENACT MEANIFUL JUVENILE JUSTICE REFORM

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, ages 13 to 15,  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.  When incarceration  does happen it can only be up and until the child reaches 18.  However, things do get very complicated when gun violence is involved and 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 extent and types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile  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.

FINAL COMMENTARY

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Many lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders.

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

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

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning at least 15 years to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases they made DWI arrests. Over the last year, the investigation has evolved into to largest APD corruption case in the city’s history with no end in sight.

APD, BCSO AND STATE POLICE OFFICERS IDENTIFIED

During the past year, a total of 12 APD Police officers have been implicated in the largest corruption scandal in APD’s history. Seven  have resigned during the Internal Affairs investigation, 3 are on paid leave, one has been terminated and one has retired. One by one, the accused Albuquerque police officers have been turning in their badges and resigning or retiring  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave, who have been terminated or who have retired are:

• On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
• On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
• On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
• On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
• On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
• On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
• On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
• On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
• On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
• October 16, Deputy Commander Gustavo Gomezplaced on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
• On January 24, 2025 APD announced they placed officers Matthew Chavez and Lt. Kyle Curtis on paid leave.
• On February 28, Lt. Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
• Timothy McCarson retired from the Albuquerque Police Department in 2022 and he has been implicated in the DWI scandal. The last week of January, 2025,  the FBI asked that he be added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.
• On February 24, 2025 Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave after it was announce he was being investigated for  being a part of the bribery and conspiracy scandal.
• On February 14, 2025 the New Mexico State Police announced it placed Sgt. Toby LaFave on administrative leave after he was implicated by the FBI as accepting bribes in the  DWI Enterprise to dismiss cases.  Sgt. Toby LaFave is on paid leave as the agency does its own internal investigation into allegations. LaFave was featured for years in state ENDWI campaigns and was referred to as the DWI King. LaFave, who joined State Police in 2012, said in an online video that he has made 3,000 arrests during his 20 years in law enforcement. Court records show LaFave has filed at least 1,300 felony and misdemeanor DWI cases from 2009 to February, 2025. Of the 31 DWI cases where LaFave was the arresting officer and Clear was the defense attorney, 17, or 57%, were dismissed by the courts. https://www.abqjournal.com/news/article_97483524-eb17-11ef-9c15-8320a7b16191.htm/

ACLU FILES CIVIL RIGHTS LAWSUITE AGAINST CITY, CHIEF MEDINA FORMER APD OFFICERS, CLEAR AND HIS PARALEGAL

On February 11, the American Civil Liberties Union (ACLU) of New Mexico, along with two law firms,  announced that a civil rights lawsuit has been filed  against the City of Albuquerque, Chief Harold Medina, former APD Officers Joshua Montaño, Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Daren Deaguero, Neill Elsman, Matthew Trahan, Mark Landavazo and attorney Thomas Clear, III and his paralegal  Ricardo “Rick” Mendez.

The lawsuit has been filed on behalf of Plaintiff Carlos Sandoval-Smith  a man who was wrongfully arrested, charged and jailed for Driving While Intoxicated (DWI) and forced to pay bribes to get the criminal charges dismissed by APD. Plaintiff Carlos Sandoval-Smith is alleged to be one of dozens of people who were “victimized” as part of an APD scheme with private criminal defense attorney Thomas Clear III to wrongfully charge and arrest people and then solicit bribes to get the charges dismissed.

The Civil Complaint is a 6 count, 17-page lawsuit filed in the Second Judicial District Court alleging the named former APD officers exploited DWI arrests they had made to solicit bribes in exchange for dismissal of the charges. The 6 counts allege:

1. Unlawful Detention and Arrest charged against the city.
2. Malicious Abuse of Process by the city.
3. Deprivation of Due Process of Law by the city.
4. Malicious Abuse of Process by the City
5. Negligent Hiring, Training, Supervision, and Retention by the city.
6. Racketeering charged against the former APD Police Officers named and attorney Thomas Clear III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The lawsuit alleged the defendants, including APD Chief Harold Medina, each conspired with and amongst each other to violate New Mexico State law.

The Plaintiff’s “Prayer For Relief” requests the Court to enter judgment against the Defendants for:

1. Compensatory damages
2. Hedonic damages
3. Punitive damages
4. Pre-judgment interest
5. Post-judgment interest; Declaratory relief
6. Treble damages
7. Reasonable attorneys’ fees and costs incurred in bringing the action, including expert fees
8. Such other and further relief as the Court deems just

The link to review the civil complaint is here:

Click to access 2024.10.01_sandoval_smith_complaint_final.pdf

According to the  ACLU press release, the lawsuit, filed in the Second Judicial District Court, claims that APD officers exploited DWI arrests to solicit bribes. The suit seeks monetary damages for the plaintiff, Smith, who was falsely arrested and pressured to pay thousands of dollars to have the charges dropped.

Plaintiff Sandoval-Smith said this:

“This lawsuit isn’t just about getting justice for me.  It’s about stopping this abuse so no one else has to suffer the way I did.  I lost my business, my home, and my dignity because of APD corruption. It even caused a deep rift in my family that we may never heal from.” 

The complaint details a scheme involving APD officers, attorney Thomas Clear, and paralegal Ricardo Mendez, who allegedly worked together to extort money from DWI arrestees in exchange for making their charges disappear.

Taylor Smith, an attorney with Smith & Marjanovic Law, LLC who represent Plaintiff Sandoval-Smith said this:

“This is nothing short of an extortion racket operating under the badge. … Our clients were forced into impossible situations – either pay a bribe or face devastating legal and financial consequences.”  

Maria Martinez Sanchez, legal director of the ACLU of New Mexico, said this:

“The people of Albuquerque deserve a police force that serves the public with integrity. We hope this lawsuit brings justice to those the APD has victimized and leads to real reforms to dismantle the systemic corruption within the department.” 

The ACLU is calling for a thorough investigation into the APD’s practices and comprehensive reforms to prevent future abuses.

The link to the ACLU press release is here:

https://www.aclu-nm.org/en/press-releases/aclu-files-class-action-lawsuit-against-albuquerque-police-department-over-dwi-unit#:~:text=The%20lawsuit%2C%20filed%20in%20the,to%20have%20the%20charges%20dropped.

ATTORNEY CLEAR AND PARALEGAL MENDEZ FEDERALLY CHARGED AND PLEAD GUILTY TO ALL CHARGES

On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his  involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.

Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.

In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear  admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.

Based on Clear’s plea agreement, the  DWI Enterprise scheme spanned the administrations of five Albuquerque police chiefs, including current APD Chief Harold Medina.

On January  24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy. According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases.

Mendez was arrested, plead guilty to all the charges and  was released on his own recognizance. Mendez is facing 110 years in prison on the charges. As part of the plea agreement, the federal prosecutors  agree to a lesser prison sentence.  Mendez has  a prior felony conviction.  State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.

CLEAR’S OTHER LEGAL WOES

On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the  home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, for the first time Thomas Clear III  is named as a main player in the “DWI Enterprise” criminal organization. The US Attorney is seeking to seize Clear’s property and get title to the property where they believe the crimes took place.

On Tuesday, February 11, the New Mexico Supreme Court issued a Court  Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:

“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”

The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.

THREE FORMER APD OFFICERS CHARGED AND PLEAD GUILTY

On Friday, February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under a Plea and Disposition Agreement. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially more than 100 years in prison. Alba and Montaño plead guilty to the charges two weeks after a private investigator, Ricardo “Rick” Mendez, who  worked for DWI criminal defense attorney Thomas Clear, III plead guilty to racketeering and other charges. The APD officers allegedly took bribes to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

Alba and Montaño are the first of 13 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear and admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps.

On February 12, former APD Officer Neill Elsman, was  arraigned in U.S Magistrate Court and plead guilty as charged to 5  counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave. He is one of 12 officers placed on leave after the allegations came to light.  In his plea, Elsman admits to working with Clear since 2021 to get drunk driving cases dismissed in exchange for cash and other gifts. He is the third APD officer involved in the DWI dismissal scandal to plea guilty. Sentencing for Elsman has not been scheduled.

KYLE CURTIS AND APD LT. MATTHEW CHAVEZ

On January 28, the Albuquerque Police Department (APD) announced that APD Lt. Kyle Curtis  retired one day before he was scheduled to speak with APD’s Internal Affairs after being implicated in the DWI bribery and conspiracy scandal to dismiss DWI cases. On January 24, Lt. Kyle Curtis and APD Lt. Matthew Chavez were place on leave within hours after it was reported that a federal criminal Information was filed against  Ricardo “Rick” Mendez who plead guilty to racketeering, bribery and conspiracy  to dismiss DWI cases. Lt. Curtis was added to 2nd Judicial District Attorney’s Office’s Brady-Giglio disclosure list which identifies officers who credibility in court has been compromised.

https://www.koat.com/article/albuquerque-police-lieutenant-retires-dwi-scandal/63594583

TWO  FORMER APD OFFICERS IMPLICATED WORKED FOR CYFD, THEN PLACED ON LEAVE BY CYFD

On January 28, it was  reported by KRQE  that two of the APD officers who resigned last year connected to the federal investigation into the DWI Unit scandal were  working  for the New Mexico Children, Youth, and Families Department (CYFD). Harvey Johnson resigned in 2024 and gave up his badge rather than be interviewed by Internal Affairs.  CYFD also confirmed that former APD officer Nelson Ortiz, who also resigned amid the DWI Unit scandal is working for CYFD.  Andrew Skobinsky, CYFD Director of Communications, said this:

At the time of … hire, standard hiring practices and statutory authority confirmed …  eligibility for employment with CYFD.

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-officer-who-resigned-amid-dwi-unit-scandal-now-working-for-cyfd/

On  January 30, 2025,  it was reported that The New Mexico Children, Youth, and Families Department  placed former APD police officers Harvey Johnson and Nelson Ortiz  on administrative leave after KRQE News 13 uncovered they were both former Albuquerque police officers connected to the federal DWI investigation. Several foster parents reached out to KRQE News 13 saying they were concerned the officer could negatively impact their court cases since the officers were deemed unreliable.

https://www.yahoo.com/news/cyfd-places-two-former-apd-053615986.html

FORMER APD OFFICER IMPLICATED DWI BRIBERY AND DISMISSAL SCANDAL SECURES STATE CONTRACT TO TRAIN OFFICERS TO RECOGNIZE DRUNK DRIVING

Timothy McCarson retired from the Albuquerque Police Department in 2022.  He has been  added to the Bernalillo County District Attorney’s Office‘s Giglio list, which classifies potential court testimony as unreliable.

It has been reported that Timothy McCarson is now in charge of training officers across the state on how to recognize drugged and drunk driving. McCarson runs the consulting firm, BRV Consulting, which holds a contract with the state to provide specific training to specialty officers, including members of DWI units.

The  contract was  awarded by the New Mexico Department of Transportation in September 2024. It shows Mc Carson’s firm was set to receive $294,000 each year for the next four years—through fiscal year 2028. The total contract amounts to $1,176,000, which NMDOT said comes from federal funding.

The link to the quoted and relied upon new source is here:

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officer-named-in-scheme-now-trains-dwi-officers-for-state-of-new-mexico/

COMMENTARY AND ANALYSIS

And the beat goes on with the largest corruption case in APD’s history and with no end sight. Within a few weeks, federal  charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both  plead guilty as charged.  Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. All defendants charged face up to 130 years in prison. To top things off, a civil rights law suite has been filed by the ACLU against the city, APD Chief Medina and  former APD Officers charged .

The New Mexico United States Attorney and the FBI  have said they are  moving forward with even more charges. The prosecutions are being done piecemeal one or two at a time. U.S. Attorney for Alexander Uballez put it this way:

“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. 

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen with aggressive prosecutions,  convictions, and lengthy  prison sentences for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme.

The links to a related articles are here:

DWI Defense Attorney Thomas Clear And Former APD Cop Neill Elsman Plead Guilty To Federal Charges; Clear Facing 130 Years In Prison; Elsman Facing 70 years In Prison; Anatomy Of DWI Enterprise; To What Extent Was APD’s Internal Affairs Compromised?; Expect More Charges

Federal Criminal Charges Filed Against Two Former APD Officers In DWI Enterprise To Dismiss Cases; Feds File Forfeiture Proceedings To Seize Attorney Clear’s Office; How Far Up APD’s Chain Of Command Does Corruption Go?

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption