New Mexico court: Grand juries can't challenge COVID orders - Associated Press
New Mexico's Supreme Court ruled Monday that citizens can't convene grand juries to investigate the governor's response to COVID-19 because her actions were lawful and within the scope of her authority.
The unanimous order by the five-member court scuttles three grand jury petitions in the politically conservative southeastern corner of the state against Gov. Michelle Lujan Grisham. The justices also ordered district courts to deny any similar petitions as they are filed.
In the response to the pandemic, the Democratic governor has pursued aggressive emergency public health orders that restricted nonessential business, imposed extended mask mandates and enabled many public schools to suspend classroom teaching for a year or more. The orders withstood multiple legal challenges.
New Mexico is one of six states that allows citizens to convene grand jury investigations directly. But the grand jury petitions against Lujan Grisham were dismissed on face value because the state's pandemic response was legally valid.
"This court previously has held that (the governor) acted lawfully and within the scope of her executive authority when she declared a public health emergency due to the COVID-19 pandemic," the court wrote in a unanimous order. Any other grand jury petitions "based on substantially similar petitions should be denied as facially invalid because they describe only lawful, noncriminal activity."
The governor's complaint noted that it was difficult for her to determine how many grand jury petitions had been filed or to respond because the proceedings are sealed and confidential.
The Supreme Court responded by directing a judicial committee to consider possible rule changes that would give notice to a public official who is the target of a grand jury petition and allow the official to intervene in the case.
New Mexico lawyers spar over criminal diversion program – Albuquerque Journal, Associated Press
The top prosecutor in New Mexico's busiest judicial district said a program aimed at steering low-level offenders away from criminal prosecution remains underused despite a big increase in participation last year. But public defenders argue that progress is being made.
Bernalillo County District Attorney Raúl Torrez said defendants represented by public defenders don't accept enough offers from his office to participate in the pre-prosecution diversion program.
He pointed to data from his office that shows the rate at which those represented by state public defenders accepted diversion program offers remained at 16% in 2020 and 2021.
The program is offered as an alternative to prosecution for people charged with drug possession, shoplifting and other low-level crimes.
It's aimed at removing nonviolent low-level offenders from the criminal justice system and providing them with services — such as mental health and drug treatment, housing and other programs.
"A recurring argument made by mostly members of the public defender's office is that the emphasis should be on helping on the root causes of problems — on addiction, on mental health issues," Torrez said in a recent meeting with the Albuquerque Journal's editorial board.
Public defenders argue that they have accepted more offers since the district attorney began removed barriers to participation, such as a requirement for drug offenders to admit guilt. However, the admission-of-guilt requirement remains in effect for low-level offenders other than those charged with drug possession.
Public defenders say said that if a defendant is kicked out of the program for any reason, prosecutors could use the defendant's admission of guilt to help secure a conviction.
According to the data, the number of offers made by prosecutor to public defenders more than tripled from 219 in 2020 to 698 in 2021.
During the same period, the number of offers accepted by clients of public defenders in Bernalillo County increased more than threefold, from 35 in 2020 to 112 in 2021.
Adolfo Méndez, chief of policy and planning for the 2nd Judicial District Attorney's Office, said the increased participation "is a function of us just making more and more and more offers."
Aside from eliminating a requirement that people charged with drug possession admit guilt before they are eligible for a diversion offer, prosecutors have also have ended some fees, such as drug testing costs, that participants previously had to pay to participate in diversion programs.
Méndez said prosecutors are disappointed that the removal of barriers hasn't resulted in a higher acceptance rate.
Public defenders said eliminating the admission-of-guilt requirement has increased acceptances.
Defendants represented by public defenders accepted 29% of offers in November and 23% in December, according to data provided by Torrez's office.
Bennett Baur, chief public defender for the Law Offices of the Public Defender, said the trend toward more offers and acceptances shows broad support for the program among prosecutors and public defenders.
"The prosecutors and the public defenders on the ground are cooperating to make this program work for as many of our clients as possible," Baur said. "But I think the district attorney's rhetoric over this undermines that very real progress that's been made."
Julpa Davé, managing attorney of the felony division of the public defender's office, said defense attorneys and their clients have many factors to consider before deciding whether to accept pre-prosecution diversion offers.
"Maybe it's better to actually try to fight the case because there are constitutional issues," she said.
Public defenders often represent homeless people, making it difficult to discuss options with clients in time to meet deadlines for accepting diversion offers, Davé said.
New Mexico Democrats hold pre-primary nominating convention - Associated Press
The Democratic Party of New Mexico traveled to Republican-rich Roswell for a pre-primary nominating convention.
Officials introduced the party's slate of candidates for the June 7 primary election, an unofficial launch of the campaign season for contested nominations to serve as attorney general and other offices.
Absentee balloting and in-person voting at county clerks' offices begin May 10.
At Saturday's nominating convention, party leaders and candidates called for unity and a push to turn out voters in what looks like a challenging November election.
"The shadow that was cast by our narrow defeats last year looms large over the 2022 midterms," Ken Martin, vice chairman of the Democratic National Committee, told the crowd of about 300.
Gov. Michelle Lujan Grisham, unopposed for the Democratic nomination, urged Democrats to show up in the midterm election this fall.
In a statement, Republican Party of New Mexico chairman Steve Pearce called the Democrats' convention a "Democrat makeover."
But in contrast to the Republican Party's recent convention, the Democratic delegates will cast their ballots entirely online or through telephone voting. The voting period runs through Wednesday with results to be released March 13.
Navajo energy company invests in carbon capture effort - Farmington Daily Times, Associated Press
Navajo Transitional Energy Company has invested in another energy company that is aiming to develop a large-scale platform for carbon capture services.
The deal puts NTEC on Enchant Energy Corp.'s board of directors, the Farmington Daily Times reported.
Enchant Energy is working with the city of Farmington to take over the coal-fired San Juan Generating Station when it is officially abandoned by Public Service Co. of New Mexico later this year. PNM, the state's largest electric utility, has cited concerns over Enchant's financing and ability to make carbon capture technology work there.
"With this investment, NTEC gains a board seat and will utilize their expertise to help the company yield strong investor returns and embrace environmental goals," NTEC CEO Vern Lund said in a news release.
State regulators last week said PNM was within its rights to run one unit at the plant through September in an effort to meet peak summer demands and avoid blackouts.
That will change Enchant's schedule to take over the plant but also gives the company three more months to work out deals with the plant's many owners.
Enchant CEO Cindy Crane said she does not oppose PNM's extended operations and also welcomes NTEC as an investor.
"Our shared goals include giving back to our community, while using cutting-edge technology to decarbonize electric power, enabling sustainable development, and demonstrating that CCS can help avoid emissions from existing power plants through retrofits," she said. "NTEC's expertise will be invaluable."
Enchant first announced in 2019 that it planned to convert the San Juan plant by installing equipment that would capture carbon emissions. That carbon dioxide would then be sent via pipeline to storage sites in New Mexico and Texas where it could be used to help with oil production.
With the investment, Lund said NTEC is furthering its commitment to diversifying its portfolio by acquiring shares in an enterprise focused on addressing the challenge of meeting climate goals through capturing and sequestering carbon emissions from existing power plants and industrial facilities in the western U.S.
The investment was not well received by the Navajo environmental group Diné C.A.R.E, which argued that such carbon capture projects have not been successful in the U.S.
"This does not sound like a financially sound or profit generating investment for a tribal corporation," said Robyn Jackson, the group's climate and energy outreach coordinator
NTEC describes itself as a limited liability company organized under the laws of the Navajo Nation. It owns mines in New Mexico, Wyoming and Montana.
When the company was formed in 2013, it was by legislation approved by the Navajo Nation Council and then-President Ben Shelly. That legislation mandated the Navajo Nation's direct involvement in the oversight and management of NTEC through five member representatives.
Currently serving as member representatives are tribal delegates Paul Begay, Nathaniel Brown, Eugenia Charles-Newton, Pernell Halona and Rick Nez.
Brown and Charles-Newton both said they did not know about NTEC's investment in Enchant.
Begay, Halona and Nez could not immediately be reached for comment. Navajo Nation President Jonathan Nez also did not reply to a request for comment.
Navajo Nation seeks members for car dealership settlement – Farmington Daily Times, Associated Press
Navajo Nation officials are seeking anyone who purchased a car from a chain of dealerships on or near the reservation to claim part of a settlement.
The Daily Times in Farmington reports that the Office of Navajo Nation Human Rights Commission is searching for people eligible to receive part of a $450,000 settlement between Tate's Auto Group and the Federal Trade Commission.
The owner of Tate's Auto Group was accused of manipulating consumer information on financial documents, according to a FTC complaint filed in 2018. The settlement was reached last summer and approved by a federal judge in Arizona.
It's believed as many as 4,000 consumers were impacted.
Tate's Auto had locations in Gallup and the Arizona communities of Holbrook, Show Low and Winslow. Tribal officials believe many of the customers were members of the Navajo Nation.
The Navajo Nation Human Rights Commission says their members who bought cars would have been greatly harmed.
Sandi Wilson, an investigator with the commission, says tracking down customers on the Navajo Nation can be hard because some often change mailing addresses. They hope to hear from customers by March 18.
Woman arrested in crash that killed 2, including officer - KOB-TV, Associated Press
A New Mexico woman was arrested after authorities say she caused a crash that killed an officer and retired firefighter and then lied about having been kidnapped.
Jeannine Jaramillo, 46, faces charges including two counts of first-degree murder, authorities said in a news conference Saturday. After a pursuit, the Wednesday crash on Interstate 25 near Santa Fe killed Officer Robert Duran, 43, and Frank Lovato, 62. Lovato was a retired firefighter from the northern New Mexico city of Las Vegas who was driving a pickup truck and not involved with the pursuit.
Jaramillo had initially said she had been carjacked at knifepoint, according to authorities, and she was released after being treated at a hospital for injuries that were not life-threatening.
She was arrested Saturday, according to a New Mexico State Police news release, after evidence submitted to a lab Friday showed she was the sole driver of the stolen vehicle involved in the crash.
DNA found on the airbag belonged to Jaramillo and evidence showed there was only one person inside at the time of the crash, according to New Mexico State Police.
Search warrant affidavits filed to seek DNA and evidence from Jaramillo's cellphone said a police officer saw a woman get out of Jaramillo's car but no other person, news outlets reported Friday.
She also faces charges of reckless homicide by vehicle, receiving and transferring a stolen vehicle, and tampering with evidence, according to the Santa Fe District Attorney's office.
"I believe the arrest of Jeannine Jaramillo has made our community safer," said Tim Johnson, chief of the New Mexico State Police. "Her actions put the entire public in danger and took the lives of two dedicated public servants."
Police had said after the crash they were searching for a suspect described by Jaramillo as a man she'd dated briefly and that he had abducted her from an apartment complex following an argument. But authorities said her story was "suspiciously similar" to her statement in a September 2021 case, when she reported that a man held her against her will with a knife to her neck and he hid on the floorboard.
She was charged at the time with receiving a stolen vehicle, aggravated fleeing and possession of methamphetamine, authorities said.
KOB-TV and other news outlets had reported that court documents said Jaramillo twice previously was involved in pursuits in Cibola County in September and October. She had told officers she had been carjacked but no other person was found.
Prosecutors dismissed both cases "pending further investigation."
Jaramillo had told KOB-TV Friday that she was abducted, feared for her life and didn't see the man get out of her crashed car because she blacked out briefly.
"I crawled out the driver side window, I fell to the ground and I looked up and there was the police, and I just ran for my life, and I was screaming, 'help me,'" Jaramillo said. "I'm crying, I was hysterical, I was in shock."
Jaramillo had said it was wrong to suggest she was alone in the car.
"I think people should understand that, when you are involved in a situation like that, I don't think that it is right for them to say things that have their opinion, like that, until they are in a situation like that themselves," Jaramillo said.
Texas boy battling cancer made honorary New Mexico policeman - Associated Press
A 10-year-old Texas boy who is battling cancer has been made an honorary police officer in Roswell, New Mexico.
Davarjaye "DJ" Daniel of Houston had a swearing-in ceremony Friday with the Roswell Police Department.
The boy's family said he has dreamed of being a police officer his whole life and law enforcement agencies across the country have helped that come true.
Theodis Daniel told the Roswell Daily Record that his son is now a member of 289 agencies and counting.
In New Mexico, Daniel also is an honorary member of the Chaves County Sheriff's Office, New Mexico State Police, Hagerman Police Department, the New Mexico Mounted Patrol and the Chaves County Detention Center.
The ailing boy was diagnosed in 2018 with brain and spine cancer and undergone 11 surgeries and several other extensive procedures.
UNM aims to transform ethnic studies program into department - By Elaine D. Briseño Albuquerque Journal
Kirsten Pai Buick said the University of New Mexico was the one place she interviewed that didn't ask her whether her study of African American art and history qualified her to teach American history.
She knew then, two decades ago, that UNM was the right place for her. The university announced that it has appointed Buick as director of the Africana Studies program. She will oversee the area of study transition from a program to an ethnic studies department. The UNM Faculty Senate voted Feb. 22 to make the change.
"Africana history is American history," she told the Albuquerque Journal. "When I interviewed here, I was never questioned about my credentials. They get it. But, after I got hired, when I was shipping my books here, the guy asked if I needed a passport to come here."
Transforming the program into a department will allow students to earn a master's and PhD in Africana studies. As a program, Buick said they are limited to offering a bachelor's degree, which may not be enough time to thoroughly explore the topic.
The current course of studies looks at politics, culture, music, dance, how race and racism gets codified into law, and how African Americans have negotiated representation in history.
"The history of African people in the diaspora, that history is complex," she said. "It is involved. It's a story that can't be told in programs."
UNM has had an African Studies program for 51 years. Buick said it was formed alongside the Black Power, Chicano and American Indian movements in the '70s.
Buick, whose title will change to chair when the program achieves the status of department, said she hopes to build a tenured track with faculty who can teach courses at the master's and eventually doctoral level.
"I'm looking to make it a place of excellence," she said. "A place of intersectionality. We do not exist in a vacuum. I want to honor that. I want to honor the people who came before me who kept it going long enough so we could get to this point."
A leadership role in Africana Studies is not a role completely unfamiliar to Buick. About 10 years ago, she served as the associate director of Africana Studies when talks of turning the program into a department had already began. Now at the helm, she's hoping those efforts lead to results.
"The promise then (10 years ago) was that I was to help transition the program to departmental status, but big ships turn slowly, and we were unsuccessful," she said. "I have signed back on as director because under the new leadership (at the university), that promise will be made a reality."
The College Art Association recently named her a distinguished scholar for 2022.
Buick, a native of Chicago, has written several books and essays including "Child of the Fire: Mary Edmonia Lewis and the Problem of Art History's Black and Indian Subject." She participated in the unveiling of the 45th Black Heritage stamp featuring Mary Edmonia Lewis that was released in January. Lewis was a sculptor and the first African and Native woman to receive international acclaim.
In 2015, the High Museum of Art presented Buick with the Driskell Prize, a national award that recognizes the contribution of artists, who are just starting or in the middle of their careers, to the field of African American art.
In addition to her role as director, Buick, is a professor of art history, associate dean of equity and excellence, and special assistant to the dean of Arts and Sciences.
"The department's guiding principles will continue to ensure that students of all races, ethnicities and backgrounds have access to a full understanding of the global linkages between peoples of Africa," she said. "And other African-descended people throughout the Black diaspora."
Composer cruising Route 66 to put highway to music - By Casey Jones The Miner
If U.S. Route 66 were a symphony orchestra, what would it sound like?
That's a question Dr. Nolan Stolz, a South Carolina music professor and classical music composer, is answering as he explores the historic route, capturing the essence of the highway so he can put it to music.
The composition for symphony orchestras, to be performed in the 2025-26 season to celebrate the highway's 2026 centennial, will contain eight movements, and be titled " Route 66 Suite."
But first, he's got to do his research.
Stolz, 41, who teaches at the University of South Carolina Upstate near Spartanburg, is taking a 15-month sabbatical, and spending 13 months traveling back and forth along the Mother Road between Chicago and Los Angeles.
He was making his third westbound trip when interviewed in Kingman in February. "It's a different experience every drive," he told The Miner.
Stolz stops and talks to locals and business owners, backtracking often. He seeks out old buildings that were standing when the highway was founded, and searches for old sections of Route 66 from the years before it was paved. He stays in old-timey hotels and motels like the El Trovatore in Kingman.
"I'm really soaking in as much as I can," he said.
And he's shooting video, taking photos and taking notes that will jog his memory when he sits down this year to put musical notes to paper in August.
The Kingman area of northwestern Arizona is one of his favorite sections of the old road.
After spending a night in Peach Springs on his current crossing, he said he was struck by the sounds of heavy train traffic.
Noting the highway is often in proximity to train tracks, he said "I'll certainly be incorporating the sound of the trains."
A native of Las Vegas where he got his undergraduate degree, Stolz is no stranger to Kingman, or the high desert. He said he often traveled through Kingman a few decades ago en route to Lake Havasu to play gigs as a drummer in Chuck E. Bumps and the Crocodiles, a band that still performs to this day. "We played the song Route 66 many times," Stolz laughed, referring to the rhythm and blues classic.
He said he never failed to stop in Kingman. "I feel like I have a local connection to this place."
Now, he's mixing pleasure with business. The plan is to complete the Suite by 2024, so it can be worked into schedules for performances by symphony orchestras and concert bands, in the 2025-26 musical season.
He hopes to have his work completed well in advance of the 100th anniversary of the Mother Road in 2026. He'll compose a different version for concert bands at colleges and community groups, which lack woodwinds.
While he's yet to write a note, the composition is slowly falling into place. "I have the concept and the basic structure and some things I want to reflect on," he said.
The opening movement of Route 66 Suite will be titled "A.D. 1926." It will capture the mood of the highway in its infancy, when pavement as well as services were rare.
He's also been searching out ghost towns along the route for the "66 Ghost Towns" movement, and hunting down the locations of the 26 old gas stations – photographed in the 1964 art book "Twentysix Gasoline Stations" by Ed Ruscha – for yet another movement.
He said he is particularly eager to write the movement "Neon Dreams," which will document the neon signs that dominated the route during its heyday, and are still abundant today along remnants of the old road.
Stolz said the neon movement will feature bright sounds and rhythms that echo the cadence of flashing neon signs. But don't think circus music.
"I want the piece to be serious; entertaining but not kitschy," Stolz explained.
The concept, and the research, is not entirely unique. Stolz also composed a symphony about U.S. Route 30 – the Lincoln Highway – when it turned 100 in 2013.
There was no question what the sequel would be.
"Route 66 is the obvious choice," Stolz said. "It's the most famous highway in the world. A whole culture has sprung up around it."
