Governor declines to meet with lawmakers over bail reform
Democrats claim Martinez is setting up election-year battle
Gov. Susana Martinez has called for “repeal and replacement” of the state’s constitutional amendment on bail reform. But the New Mexico Legislature’s committee on criminal justice will have to figure out for itself what exactly she has in mind.
Martinez on Tuesday rebuffed an invitation from the Democratic and Republican legislators who co-chair a committee on criminal justice reform to attend their meeting later this week and discuss her ideas for replacing a constitutional amendment that voters overwhelmingly approved last year.
“As you are likely aware, constitutional amendment proposals originate in the Legislature,” Martinez wrote to the lawmakers. “I hope you will join your other colleagues with whom we have already begun discussing substantive bail reform that does not endanger our communities.”
With no specifics on what form new bail policies should take, Martinez appears to be setting up a showdown in the 30-day legislative session that begins in January, frustrating some Democrats who argue she is out to turn the state’s crime problem into partisan fodder for the election later next year that will decide control of the state House of Representatives.
Others still say they are optimistic lawmakers can find a solution to burgeoning concerns about the state’s policies without having to go through the process of putting another constitutional amendment on a ballot, which would delay further reforms for another year.
The constitution currently gives judges the power to detain suspects without bail before trial if prosecutors can make a case that they are a danger to the community and may not turn up for future hearings. The amendment also protects the right to release from jail for suspects who are not considered dangerous.
Eighty-seven percent of voters backed the constitutional amendment.
But the two-term Republican governor took to Facebook last week to charge that the reforms that took effect over the summer had created a catch-andrelease criminal justice system that allows dangerous criminals to get back onto the streets too easily, an allegation echoed by some in law enforcement and a bail bond industry that stands to lose business under the new policies.
The state has seen its crime rate rise, but that trend began before bail reform took effect.
Democrats along with some district attorneys and even Republican lawmakers argue the constitutional amendment is not the problem, instead suggesting the state needs to consider how judges and prosecutors are implementing the new policies, which also follow a state Supreme Court decision spurring other changes in New Mexico’s bail policies.
Democratic Rep. Antonio “Moe” Maestas and Republican Sen. Sander Rue, both of Albuquerque, sent the governor a letter on Monday inviting her or a member of her administration to attend their Criminal Justice Reform Subcommittee anytime Friday and outline her plan for bail reform.
“We look forward to the opportunity for a full discussion on this important topic,” the cochairs wrote.
Martinez said she would not be able to attend the meeting but would pass along the invitation to crime victims, their families, police officers and prosecutors.
“These are the people feeling the effects of the failed constitutional amendment and the misguided court rules that allow the release of dangerous criminals,” Martinez wrote.
While the legislative session that begins in mid-January will only last 30 days and is intended to deal primarily with budget matters, Martinez has made it clear she wants lawmakers to address bail reform, too.
“If she was interested in solving problems, she’d meet with the justices and the leaders of the Legislature,” Maestas said Tuesday night.
House Speaker Brian Egolf, a Democrat of Santa Fe, said he was planning to do exactly that in an effort to hash out a solution within the court system’s rules and procedures without another constitutional amendment.
“The problem with crime in Albuquerque is severe and warrants immediate action from the Legislature,” he said. “I think there are some commonsense changes that can be done to the rules.”
On the amendment, he added: “I’m very hesitant to undo the will of the voters.”