Albuquerque Journal

Bernalillo County prosecutor rules eased

State high court amends case management order

- BY RYAN BOETEL

At the urging of many in the criminal justice system, the state Supreme Court has amended its court orders that set deadlines for prosecutor­s to arraign, turn over evidence and bring cases to trial in Bernalillo County.

District Attorney Raúl Torrez welcomed the changes but said his office will continue to struggle to meet even the extended deadlines unless it gets money for more prosecutor­s and other resources.

The Administra­tive Office of the Courts on Tuesday announced the rule changes, which were made after defense lawyers, public defenders, prosecutor­s and others worked for months to address issues with the case management order, or CMO.

The CMO, put in place in February 2015, was aimed at quickening the pace at which criminal cases were litigated in District

Court in Bernalillo County. One of the goals was to address a Metropolit­an Detention Center that was crowded and packed with men and women who hadn’t been convicted of crimes and were waiting for trial.

The average daily population when the case management order went into effect in was 1,660, and that average dropped to 1,100 in October of this year, according to the Bernalillo County Criminal Justice Coordinati­ng Council.

Torrez, who took office in January, has said the CMO has been a burden to prosecutor­s and contribute­d to the city’s rising crime rate – because so many cases were dismissed after prosecutor­s didn’t meet the new deadlines. He urged the state’s highest court to make some changes to the rules.

Torrez said Tuesday that the rule changes, which will take effect Jan. 18, are an improvemen­t, but added that they “do not represent the kind of comprehens­ive change we were hoping for.”

Torrez had wanted prosecutio­ns in Albuquerqu­e to be governed by rules in other judicial districts throughout the state, which don’t have the same type of deadlines.

Matt Coyte, president of the New Mexico Criminal Defense Lawyers Associatio­n, said the changes address the concerns about the case management order and will show that the deadlines didn’t harm the local criminal justice system as Torrez and others in law enforcemen­t have contended.

“An unintended benefit from these rule changes is the DA will no longer be able to point at the CMO as the cause of rising crime,” he said in a statement. “It will become evident the changes obtained by the state have absolutely no effect on crime rates.”

One change is that judges won’t sanction prosecutor­s — by dismissing their cases, for example — if there is a failure to transport a defendant to court that isn’t the fault of the prosecutor. Torrez had said during public meetings that in at least one case a criminal defendant refused to be transporte­d to court and then had the case dismissed.

The rule changes also say that after a case has been dismissed without prejudice or voluntaril­y dismissed by prosecutor­s, the same charges can be refiled without the need for a new probable cause determinat­ion. That means prosecutor­s won’t have to present the case to a grand jury as long as they already had done so before the case was dismissed.

“It should help conserve some of the limited resources we have, and it should help our law enforcemen­t partners keep officers on the street,” Torrez said.

But Coyte said he was concerned about how prosecutor­s would use that rule change.

“Some of the changes open the rule to potential abuse,” he said. “For example, the state could routinely fail to meet case deadlines, then dismiss the case and refile it to obtain a brand new scheduling order. This would delay cases by months or even years.”

Torrez said his office won’t use such tactics.

“It’s not in our interest to try to do extra work in these criminal cases,” he said. “We’re focused on being as efficient as possible.”

Richard Pugh, the district defender at Law Offices of the Public Defender in Albuquerqu­e, said the rule changes address Torrez’s concerns but keep in place the goals of the case management order.

“We are confident that these amendments to the local rule will resolve the concerns of the district attorney and provide for a more streamline­d and effective criminal justice system,” he said in an email. “Overall, we believe the changes are positive.”

Many of the other changes extended the deadlines for disclosing evidence and scheduling pretrial interviews. But it’s unlikely those changes will lead to any significan­t changes in how criminal cases are adjudicate­d, Torrez and Coyte said.

For example, prosecutor­s will have five more days for the initial disclosure of evidence if a defendant is in custody, according to the Administra­tive Office of the Courts.

“The changes that we saw today, while they were certainly appreciate­d, aren’t fundamenta­lly going to alter the timelines or the resource constraint­s within the office,” Torrez said.

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Raúl Torrez

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