Chamber weighs in on court changes

Justice will be delayed, says group

A major Albuquerque business group has asked the state Supreme Court to stop a local plan to dramatically reduce the number of grand jury settings available each month, arguing that the change will have “an adverse impact on public safety.”

In a letter sent Monday to Chief Justice Judith Nakamura, the Greater Albuquerque Chamber of Commerce wrote that the 2nd Judicial District Court decision will undermine progress at a time when Albuquerque crime is on the decline and felony indictments are up.

“It seems we have momentum on our side in the fight against crime,” the chamber wrote. “Why, then, would the 2nd Judicial District Court make such a dramatic and sweeping change, jeopardizing the first sustained reduction in crime that our community has seen in well over five years?”

Court officials announced the change last month, saying that the move away from grand juries and toward preliminary hearings is in line with criminal justice best practices and will save the courts money. A spokesman for the 2nd Judicial District Court declined to comment on the letter.

The court has asked the District Attorney’s Office to instead initiate cases using preliminary hearings, which are held in open court, before a judge, and often require the testimony of multiple witnesses, including law enforcement officers. Grand juries, on the other hand, generally hear from one witness at a closed hearing where a defendant is not entitled to representation.

Beginning Oct. 1, a grand jury panel will be available six days per month, down from five days each week.

Defense attorneys say preliminary hearings offer more protections to the accused.

Indicting a majority of cases under a preliminary hearing system, the chamber says, would require police officers to spend “an inordinate amount of additional time testifying in court rooms” and overtime costs would soar.

“Justice will be delayed and denied far too often,” the cham-

ber wrote. “And those who commit crimes will not face the kind of swift and certain punishment that we know to be the most effective deterrent of criminal behavior.”

District Attorney Raúl Torrez said shortly after the court’s announcement that he was considering asking the Supreme Court to weigh in on the decision.

A spokesman for the Administrative Office of the Courts said Monday that no legal challenge seeking Supreme Court intervention has been filed.