Arnold Tool has been a miserable failure for NM
The question asked but not answered in the (Jan. 27) Journal (editorial) is “How useful is the Arnold Tool?” I can tell you in two words: It’s not. The Arnold Tool, propped up by bail reform, has been a miserable failure. If it was all that Artie Pepin (director of the Administrative Office of the Courts) continues to claim it is, then why is New Mexico experiencing massive crime and a record number of homicides? Why after six-plus years of bail reform and the Arnold Tool are we still having this conversation?
Day after day, we all continue to read about and see news stories of our crime problem, all while the N.M. Supreme Court refuses to solve the problem.
The “tough on crime” bills that were introduced in the 2022 session, as I predicted, did nothing to address the crime problems.
All eyes are now on our state Legislature, which now claims it will do something, but exactly what is “something?” The Senate Judiciary Committee members admit the Arnold Tool has “many flaws” but continue to seek the opinion and solutions of Pepin, who has personally advocated for bail reform and the Arnold Tool.
The Arnold Tool has always claimed it is founded in public safety and is just a “tool” for the judges to consider. I can tell you firsthand this tool has nothing to do with public safety, nor does it take into account an offender’s real criminal history or failures to appear in court. I see daily who is being booked at the county jail and how quickly these same offenders are being released on a promise to appear in court. I’m talking about everything from repeat shoplifters to murder suspects out the door the next day or within a few days at worst.
The backers of the Arnold Tool claim it’s safe to release these offenders, because after all, Pretrial Services will be supervising them. So, if the Arnold Tool once again is all that Pepin claims it is and Pretrial Services is the answer, then why is crime the No. 1 issue facing New Mexico? The truth is that the Arnold Tool has many flaws and Pretrial Services is not set up to provide real supervision, thus both are ineffective.
The N.M. Supreme Court knows all of this but fails to admit any of it, nor step in and solve a problem. The 2022 session of the N.M. Legislature with all its “tough on crime” bills also did nothing to impact the massive crime problems this state has been experiencing since the inception of bail reform and the Arnold Tool.
The Senate Judiciary Committee has discussed the Arnold Tool, which by its own admission has “many flaws,” and it appears any reform is dead for now. However, if this same committee continues to look to Pepin for solutions for a problem he caused, this session, I predict will end like last year’s, nothing substantial accomplished.
Addressing and fixing criminal conduct is possible, but only if bail reform is repealed and the Arnold Tool scrapped. The judges need to once again take control of release decisions in their courtrooms, stop allowing a failed tool to influence them and hold offenders accountable. Anything short will just perpetuate this problem.