Courts

Arnold Tool Pre-Trial Risk-Assessment: Crutch Or Crystal Ball?

By PHAEDRA HAYWOOD
The Santa Fe New Mexican

The New Mexico Legislature’s debate over crime is beginning to take form, centering on two key issues:

          • Whether suspects accused of serious offenses should be detained in jail as a matter of course; and
          • Whether a risk assessment process known as the Arnold Tool is a threat to public safety.

The chief justice of the state Supreme Court and the administrative head of the court system have defended the system as it stands.

But several bills in the Legislature, perhaps influenced by criticism by law enforcement and the public’s weariness of crime’s severity Read More

Felons Want Voting Rights Restored

Matthew Pettit lifts weights Friday at the gym at the Endorphin Power Company, a transitional housing community in Albuquerque for those homeless as a result of substance abuse. Gabriela Campos/Santa Fe New Mexican

Adam Griego performs diagnostics on a vehicle Thursday at Great Little Cars. Griego, a 50-year-old Santa Fean, is unable to vote after serving two years on a drug charge. Luis Sánchez Saturno/Santa Fe New Mexican

Adam Griego speaks with Justin Allen on Tuesday during a press conference at the Capitol to announce legislation to restore voting rights for felons. Luis Sánchez Read More

Albuquerque Jurors Issue $52 Million Verdict In Insurance Bad Faith Lawsuit Against Professional Underwriters Liability Insurance Company – Subsidiary Of The Doctor’s Company

Attorney Zackeree Kelin of Davis Kelin Trial Lawyers

STATE News:

ALBUQUERQUE — Davis Kelin Trial Lawyers, an Albuquerque-based premier litigation firm, along with Las Cruces-based McGraw Law, LLC, received a $52 million verdict in an insurance bad faith case against Professional Underwriters Liability Insurance Company (PULIC) — a wholly owned subsidiary of The Doctor’s Company — in a decade-long case relating to unfair insurance practices.

In 2013, PULIC refused to defend and indemnify its insured doctor after he was sued for the wrongful death of multiple patients who died as a result Read More

Round 2 Begins In New Mexico Legislature For Bill Holding Adults Accountable When Kids Use Their Guns

Rep. Pamelya Herndon

By ROBERT NOTT
The Santa Fe New Mexican

A bill that would hold adults criminally responsible if children or teens accessed their firearms cleared its first hurdle Tuesday in the Legislature.

Members of the House Consumer and Public Affairs Committee voted 4-2, along party lines, to approve House Bill 9, a measure similar to one that failed in last year’s legislative session.

“We want to make sure our children are safe,” said Rep. Pamelya Herndon, D-Albuquerque, one of the sponsors of HB 9.

Nothing in the bill would violate a person’s Second Amendment rights, she added.  Read More

Q&A With State Supreme Court Chief Justice Bacon

Supreme Court Chief Justice Bacon. Luis Sánchez Saturno/SFNM

By PHAEDRA HAYWOOD
The Santa Fe New Mexican

Excerpts from an interview with state Supreme Court Chief Justice C. Shannon Bacon:

Question: What do you make of the public’s concern about crime, and the perception that the system is somehow soft on crime?

Answer: Everybody’s perception is guided by what they see and hear. I think there has been very imbalanced discussions of the criminal justice system over the past four years and a real lack of understanding of how it actually works. 

Question: Lawmakers have introduced a flurry of bills Read More

FBI: Taos Man Pleads Guilty To Kidnapping And Assault In Domestic Violence Case

FBI News:

ALBUQUERQUE – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Richard Mascarenas pleaded guilty Jan. 13 to one count each of kidnapping, assault resulting in serious bodily injury, and assault of an intimate partner by strangling and suffocating.

Mascarenas, 37, of Taos Pueblo, and an enrolled member of the Pueblo of Taos, will remain in custody pending sentencing, which is scheduled for April 19, 2023.

According to the plea agreement and other court records, Mascarenas assaulted Jane Doe and held her against her will from April 17, Read More

Chief Justice C. Shannon Bacon Delivers 2023 ‘State Of The Judiciary’ Speech At New Mexico Legislature

Supreme Court Chief Justice C. Shannon Bacon today delivered a ‘State of the Judiciary’ . Courtesy/AOC

From the Administrative Office of the Courts:

SANTA FE – Supreme Court Chief Justice C. Shannon Bacon today delivered a “State of the Judiciary” speech that highlighted efforts to improve the justice system, including expanding access to legal services, assisting people facing possible eviction and expediting criminal cases.

“…When I think to myself, ‘What is the state of the Judiciary?’, I easily come to the following: The Judiciary is battered and bruised, strong, resilient, creative, Read More

New Mexico Chief Justice To Deliver State Of The Judiciary

Chief Justice C. Shannon Bacon

AOC News:

SANTA FE — New Mexico Supreme Court Chief Justice C. Shannon Bacon will deliver the State of the Judiciary address at noon Tuesday, Jan. 24 in the State Capitol, House chamber. 

The Chief Justice will outline the Judiciary’s legislative priorities for the 2023 session and highlight accomplishments by the state court system.

The speech will be livestreamed on the Legislature’s website during a joint session of the House of Representatives and Senate. 

To view, go to nmlegis.gov/webcast. Read More

Judge Jennifer L. Attrep Of Los Alamos Becomes Chief Judge Of New Mexico Court Of Appeals

Court of Appeals Chief Judge Jennifer L. Attrep takes the oath of office from outgoing Chief Judge J. Miles Hanisee. Courtesy/Court of Appeals

COURT:

SANTA FE — Judge Jennifer L. Attrep grew up in Los Alamos and just became the new chief judge of the New Mexico Court of Appeals.

She was sworn in Tuesday, having been elected chief judge by her colleagues on the 10-member court to a term expiring in January 2025. She succeeds Judge J. Miles Hanisee, who had served as Chief Judge since October 2019.

In addition to performing court duties hearing cases, the chief judge serves as the administrative authority Read More

Pena’s Arrest Casts Shadow Over First Day Of Legislative Session

Solomon Pena

By ROBERT NOTT
Santa Fe New Mexican

The shocking arrest this week of Solomon Pena, an unsuccessful Republican state House candidate accused of orchestrating drive-by shootings at politicians’ homes, clouded the first day of the legislative session Tuesday and prompted some lawmakers to question whether the violence will deter people from running for office.

“That’s a possibility,” said Sen. Linda Lopez, an Albuquerque Democrat whose home was targeted in one of the attacks. Three bullets passed through a bedroom where her 10-year-old daughter was sleeping early Jan. 3.

She Read More