New Mexico judicial experts weigh pretrial recommendations

ALBUQUERQUE, N.M. (AP) — A committee appointed by the New Mexico Supreme Court on Tuesday finished hashing out recommendations for amending some of the rules that govern whether defendants can be locked up pending trial.

The committee gathered for a virtual meeting that lasted several hours. Members discussed numerous proposals that deal with the procedural aspects of New Mexico’s pretrial detention system — from the timing for filing certain motions to how evidence is presented and which courts should retain jurisdiction.

Prosecutors, judges and public defenders all have voiced concerns with different aspects of the system in recent years, prompting the state Supreme Court to appoint the committee. The panel, which is made up of representatives from all three branches of government, has heard from national experts and reviewed reams of data as part of its work.

Retired Supreme Court Justice Edward Chávez, who chairs the committee, said he plans to summarize the panel’s work in a report that will be submitted to the court Friday. It will be up to the high court to accept, reject or even modify the recommendations.

Chávez said the committee is still struggling with rules for magistrate and metro courts, as the challenges are different for lower courts as well as courts in more rural areas of the state, where there are fewer resources.

“This is not one-size-fits-all,” Chávez told fellow committee members.

A constitutional amendment approved by voters in 2016 cleared the way for state district judges to detain defendants facing felony charges in jail pending trial if prosecutors prove by clear and convincing evidence that the individual is so dangerous that nothing other than detention will reasonably protect public safety.

The change also was aimed at releasing low-risk defendants who otherwise may have remained in jail because they did not have the means to make bond.

Supporters have argued that under the previous system, even the most violent offenders could post bail and be freed if they had the money. Opponents have pointed to high-profile cases in which defendants have been released.

The state Supreme Court in 2017 crafted the rules for the pretrial release system. As part of the process, prosecutors are required to file a written motion to seek a defendant’s detention. Rules for such requests also set deadlines for related hearings.

Prosecutors — including those with the district attorney’s office in New Mexico’s busiest judicial jurisdiction — have argued that changes are needed.

Bernalillo County Deputy District Attorney James Grayson said that under the current system, New Mexico’s safety rate ranks below that of the national average based on separate data from prosecutors, the courts and researchers at the University of New Mexico’s Institute for Social Research.

The question for the committee, Grayson said, is how to improve that rate.

“We’re talking about predicting future behavior and that’s not an easy thing to do,” he said.