Courts

New Mexico Supreme Court Rules On Sex Offender Eligibility For Parole Review Hearings

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New Mexico Supreme Court. Courtesy photo

NMSC News:

SANTA FE — The New Mexico Supreme Court (NMSC) ruled Thursday that time sex offenders serve while on “in-house” parole in prison counts toward eligibility for a hearing to determine whether their parole will continue.

The hearing before the state Parole Board does not guarantee that an offender will be released from parole. The board makes the final decision.

In a split decision, the state’s highest court affirmed a San Juan County district court’s ruling that Ryan James Alan Thompson was entitled to a hearing before the Parole Board because Read More

Judge Elizabeth Allen: Why I’m Running For Re-Election

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By Judge Elizabeth Allen
Los Alamos Municipal Court

Fourteen years ago, I passed the bar exam and embarked on a meaningful career as a lawyer. I have worked as a prosecutor, a defense attorney, and a sole practitioner. I represented children in child protection court, lifers in prison on their post-conviction appeals, and families seeking special education services. My favorite job, though, has been serving as the Municipal Judge in Los Alamos, and that is why I am running for re-election.

As a new judge in 2019, I was excited to learn the position and to improve the court process. Not only did my Read More

Judicial Compensation Commission Meets Thursday

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NMSC News:

SANTA FE — The New Mexico Judicial Compensation Commission will meet at 2 p.m., Thursday Sept. 29 to consider recommendations to the 2023 Legislature for a possible judicial salary increase.

Live streamed on the New Mexico Courts YouTube channel.

Click here for the Sept. 29 meeting agenda.

The independent commission is required by state law to annually recommend a judicial pay plan to the Legislative Finance Committee and the Department of Finance and Administration. Commission members will remotely participate in the online meeting through a video conferencing platform.

The Read More

Madrid: Pepin Award ‘An Absolute Disgrace’

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By GERALD A. MADRID
Albuquerque

In response to the article (link) about Artie Pepin getting a national award for his work “improving” the pretrial system in New Mexico. Pepin along with the late Supreme Court Justice, Charles Daniels are the two directly responsible for bringing bail reform to this state. It has been an absolute failure and the thing most responsible for the “catch and release”, the “revolving door at the jails” and the spike in crime.

Albuquerque has already recorded over 100 homicides this year and on track to break last year’s all-time high of 117. Bail reform has completely Read More

New Mexico Supreme Court Rules That State Law Allows For Partial Forfeiture Of Groundwater Rights

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New Mexico Supreme Court News:

SANTA FE – New Mexico law allows for the partial forfeiture of underground water rights, the state Supreme Court ruled today.

In a unanimous opinion, the justices affirmed decisions of a district court and the Court of Appeals in a case involving Toby Romero, the owner of land and a well in Sierra County near Cutter, a defunct mining town southeast of Truth or Consequences. A railroad originally used the well to service steam locomotives and later to water livestock. The town ceased to exist after mines and the railroad depot shut down decades ago. Romero acquired Read More

AG Balderas On New Mexico Supreme Court Decision To Reverse Court of Appeals, Eliminating Criminal Liability From Governmental Conduct Act

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New Mexico Attorney General Hector Balderas

From the Office of the Attorney General:

ALBUQUERQUE — Today, New Mexico Attorney General Hector Balderas issued the following statement after a New Mexico Supreme Court decision limited the Governmental Conduct Act to guiding ethical principles and eliminated criminal liability:

“I’m disappointed that the Supreme Court took away from citizens a very necessary tool to prosecute public officials who use their public office for their own personal gain, and it’s clear the Legislature must immediately work with the State Ethics Commission to Read More

National Pretrial Group Honors State Supreme Court Justice And New Mexico Courts Administrator

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Supreme Court Justice Michael E. Vigil receives the Charles W. Daniels Judicial Leadership Award. Courtesy/AOC

Administrative Office of the Courts Director Arthur Pepin receives the John C. Hendricks Pioneer Award. Courtesy/AOC

AOC News:

SANTA FE – Administrative Office of the Courts (AOC) has announced that two New Mexico courts officials have been recognized by a national organization for their work to improve the state’s pretrial justice system.

Supreme Court Justice Michael E. Vigil received the Charles W. Daniels Judicial Leadership Award from the National Association of Pretrial Read More

FBI: Heroin Drug Trafficker Heading To Prison

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FBI News:

ALBUQUERQUE — Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Andy Cordova was sentenced Sept. 20 to 10 months in prison. Cordova, 33, of Santa Cruz pleaded guilty March 2 to possession with intent to distribute heroin.

July 5, 2020, Cordova was detained by Ohkay Owingeh Casino and Hotel security personnel on suspicion of possessing or distributing drugs on the premises. Cordova was arrested for drug trafficking after law enforcement executed a search warrant for his hotel room and discovered 16.96 grams of heroin.

Upon his release from Read More

New Mexico Attorney General Joins Multi-State Coalition In Protecting Right To Interstate Travel To Seek Abortions

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Attorney General Hector Balderas

NMAG News:

Amicus brief argues Texas’ laws violate individuals’ constitutional right to interstate travel

ALBUQUERQUE — New Mexico Attorney General Hector Balderas today joined a multistate coalition of 21 attorneys general, led by California, in submitting an amicus brief in Fund Texas Choice v. Paxton to protect the right of individuals to travel out of Texas to obtain an abortion.

The multistate amicus brief was submitted in support of a motion for preliminary injunction filed by reproductive rights advocates seeking to halt enforcement of several Read More

New Mexico Supreme Court Affirms Habitual Offender Enhancement On Defendant For Probation Violation

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AOC News:

SANTA FE — The New Mexico Supreme Court ruled Monday that defendants must be “reasonably informed” when a plea agreement for multiple offenses could result in additional prison time if they violate probation at any point throughout their probationary period.

In a split decision, the Court’s majority affirmed a district judge’s decision to lengthen the sentence of Christina Banghart-Portillo because of probation violations after her release from prison in 2016. She was a little over halfway through a three-year probationary period.

The Court’s majority rejected arguments that Read More

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