New Mexico District Attorneys Association

Released: April 24, 2023

By: Marcus J. Montoya, 8th Judicial District Attorney (Taos, Colfax, and Union County), & New Mexico District Attorneys Association President

New Mexico District Attorneys’ Association Applauds Governor’s Vetoes of Criminal Justice Bills

The 14 New Mexico District Attorneys commend the Governor’s decision to veto Senate Bills 187 and 84. Her decision prioritizes the safety of all New Mexicans and promotes the wellbeing of the criminal justice system. Although these bills would have brought changes favored by the Public Defender Department and Drug Policy Alliance, experience teaches us that not all change is progress.

NMDAA is not controlled by a single identity or ideology. We represent a bipartisan group of elected District Attorneys who serve diverse people, from those living in rural New Mexico to the big city of Albuquerque. While each district attorney’s practice is colored by the issues unique to that area, we all agree that public policy that removes accountability for repeat offenders is bad policy. Senate Bill 187 would have removed a tool that helps prosecutors and judges give direction and incentives for treatment to repeat offenders. Treatment options are in everyone’s best interest. Unfortunately, treatment is sometimes not a reality for abusers until they enter the criminal justice system and are faced with a choice between recovery and more serious consequences.

Senate Bill 84 also restricted the discretion of our elected judges and prosecutors to serve the citizens who chose them. Had it been enacted, it would have removed the ability of judges to deal with probation violators in any meaningful way making our communities less safe. A group of numerous criminal justice stakeholders did work together to reach a different and comprehensive probation and parole bill. The Public Defender, however, did not agree with some of the provisions of that compromise and decided to support Senate Bill 84 instead. This all-or-nothing approach cost them meaningful reform that all stakeholders could have agreed on. As prosecutors, we have an obligation to seek justice. We balance many considerations like the safety and wellbeing of victims, the safety of the community, and the interest of the State. We meet our obligations every day with every decision—big and small. This places us in a different position than Public Defenders, whose utmost allegiance is and must be owed to their individual clients. We applaud the Governor’s decision to prioritize the safety, wellbeing and health of all New Mexicans.

 

Marcus J. Montoya
President
8th Judicial DA

Barbara Romo
Vice-President
13th Judicial DA

Dianna Luce
Treasurer
5th Judicial DA

Mary Carmack-Altwies
1st Judicial DA

Sam Bregman
2nd Judicial DA

Gerald Byers
3rd Judicial DA

Thomas Clayton
4th Judicial DA

Michael Renteria
6th Judicial DA

Clint Wellborn
7th Judicial DA

Quentin Ray
9th Judicial DA

Tim Rose
10th Judicial DA

Robert P. “Rick” Tedrow
11th Judicial DA – Div. I

Bernadine Martin
11th Judicial DA – Div. II

Scot Key
12th Judicial DA