Courts

NM Supreme Court Forms Commission On Equity, Justice

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New Mexico Supreme Court establishing a commission to study issues related to race and bias in the state’s justice system and promote diversity among judges and judicial employees. Courtesy/NMSC

SUPREME COURT News:

SANTA FE — The state Supreme Court announced Thursday the establishment of a commission to study issues related to race and bias in the state’s justice system and promote diversity among judges and judicial employees.

In announcing plans for the Commission on Equity and Justice, the Supreme Court released an open letter to the public. 

“Let our actions today reinforce our commitment Read More

Governor, AG Announce Civil Rights Monitoring Program For Reported Federal Deployment Plans In New Mexico

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From the Office of the Governor:

SANTA FE – The Office of the Governor and the Office of the Attorney General announced today that they will actively monitor for any civil rights violations related to federal law enforcement operations in New Mexico.

The offices will target investigative and prosecutorial resources at any suspected civil rights violation stemming from federal law enforcement operations. 

This announcement comes in the wake of U.S. Department of Homeland Security operations in Portland, Oregon, and a U.S. Department of Justice memo that cited Albuquerque as a target city Read More

New Mexico Supreme Court Grants Governor’s Request To Stay An Order To Temporarily Permit Indoor Dining

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SUPREME COURT News:

SANTA FE — The state Supreme Court on Monday afternoon granted Gov. Michelle Lujan Grisham’s emergency request to stay an order issued by a judge in Carlsbad earlier Monday that would have temporarily permitted indoor dining at restaurants in New Mexico despite the state’s emergency public health order and the emergent need to take all necessary action to prevent the spread of COVID-19.

As a result, all provisions of the state’s emergency public health order of July 13 remain in effect. 

The action by the state Supreme Court effectively blocks the temporary restraining order Read More

New Mexico Supreme Court Limits Criminal Investigation Records Shielded From Public Disclosure

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Courtroom inside the New Mexico Supreme Court Building. Courtesy/NMSC

NMSC News:

SANTA FE — The state Supreme Court Tuesday limited the scope of a provision in state law that shields certain law enforcement records from public disclosure.

In a unanimous decision, the state’s highest court said the Inspection of Public Records Act (IPRA) “does not create a blanket exception from inspection for law enforcement records relating to an ongoing criminal investigation.” 

“Nowhere does the plain language of Section 14-2-1(A)(4) exempt from IPRA inspection requirements all law enforcement records Read More

Balderas: New Charges To Be Filed Against Former Las Cruces Police Officer Accused Of Chokehold Murder

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Attorney General Hector Balderas

AG News:

SANTA FE — Attorney General Hector Balderas has announced that the Office of the Attorney General has taken over the prosecution of former Las Cruces Police Department Officer Christopher Smelser, who stands accused of killing Antonio Valenzuela while in his custody.

The Office of the Attorney General has taken the case at the request of the Third Judicial District Attorney’s Office.

In addition to taking the case, the Office of the Attorney General has increased the charges that Smelser will face to second degree murder.

“We are taking over prosecution Read More

Vigil Elected New Mexico Supreme Court Chief Justice

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New Chief Justice Michael E. Vigil of the New Mexico Supreme Court. Courtesy/NMSC

NMSC News:

SANTA FE — Justice Michael E. Vigil has been sworn in as Chief Justice of the New Mexico Supreme Court.

He was elected to the position by his colleagues on the five-member court and will serve a term ending in April 2022. He succeeds Justice Judith K. Nakamura, who had served as Chief Justice since 2017. 

“I am honored and humbled by the confidence my colleagues have placed in me to lead the Judiciary during the midst of a deadly pandemic,” Chief Justice Vigil said. “There is much to be done, but my first priority Read More

New Mexico Foundation For Open Government Applauds Supreme Court Decision Enforcing State’s Inspection Of Public Records Act

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FOG News:

SANTA FE – The New Mexico Foundation for Open Government(FOG) applauds today’s decision by the New Mexico Supreme Court limiting the scope of a provision in state law that shields certain law enforcement records from public disclosure.

In the ruling, the state’s highest court said, “the Inspection of Public Records Act (IPRA), does not create a blanket exception from inspection for law enforcement records relating to an ongoing criminal investigation.”

“This ruling is significant because it makes clear that ‘ongoing investigation’ is not a basis for withholding records,” FOG Read More

New Mexico Supreme Court Ruling Provides Guidance On Nominating Petition Forms Used By Candidates 

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State Supreme Court News:

SANTA FE – The New Mexico Supreme Court today ruled that the state’s top elections official  cannot invalidate candidate nominating petitions solely because the petition form lacks a non-statutorily required heading or text prescribed by the secretary of state.

“Considering the relevant portions of the Election Code, we conclude that the Legislature did not delegate the power to invalidate nominating petitions that conform with Section 1-8-30(C) when it empowered the Secretary to approve the forms and procedures for elections,” the Court concluded in a Read More

Grizzly Bears At Yellowstone National Park Returned To Federal Threatened Species List

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Two grizzly bears hugging during a bout of play fighting. Courtesy/HSUS

Humane Society of the United States News:

The Ninth Circuit Court of Appeals issued a unanimous opinion July 8 upholding the Humane Society of the United States 2018 court victory returning grizzly bears in the Greater Yellowstone Ecosystem to the federal list of threatened species.

The Humane Society of the United States released the following statements about this victory:     

Humane Society of the United States President and CEO Kitty Block: “Millions of visitors flock to Yellowstone National Park every year hoping Read More

FBI: California Couple Gets Prison Time For ATM Fraud

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FBI News:

ALBUQUERQUE – Ion Antonescu, 36, of Anaheim, Calif., and Ramona Ghiocel, 37, of Bueno Park, Calif., were sentenced July 9 Federal Court in Albuquerque for access device fraud offenses. 

Antonescu received a sentence of 30 months in prison and Ghiocel received a sentence of 24 months in prison.

Antonescu pleaded guilty Jan. 13 to access device fraud. Ghiocel pleaded guilty to conspiracy to commit access device fraud on the same date. 

According to their plea agreements and other public court records, Antonescu and Ghiocel participated in a conspiracy to commit access device fraud Read More