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TUES: Senate Judiciary Committee passes New Mexico medical malpractice overhaul 8-1, + More

The Alta Vista Regional Hospital at night in Las Vegas, New Mexico.
Alta Vista Regional Hospital
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The Alta Vista Regional Hospital at night in Las Vegas, New Mexico.

Senate Judiciary Committee passes New Mexico medical malpractice overhaul 8-1
Patrick Lohmann, Source New Mexico

The New Mexico Senate Judiciary Committee on Tuesday advanced House Bill 99, a medical malpractice overhaul, with Republicans and all but one Democrat voting in favor of the measure.

The 8-1 vote came at the end of a contentious three-hour hearing in which some Democratic committee members pushed sponsor Rep. Christine Chandler (D-Los Alamos) and committee members to support a series of 11 amendments to key aspects of the bill.

Many of the amendments failed on 5-4 votes, requiring two Democrats to vote along with three committee Republicans to kill suggested changes.

The committee did, however, approve three amendments over Chandler’s objections. The amended bill now heads to the Senate floor.

Chandler told Source NM after the meeting that at least two of the amendments could be tough for fellow House members to accept. If the bill as currently amended passes the Senate floor, House lawmakers will have to agree to the changes before sending the bill to the governor.

During a floor vote, the Senate could vote to eliminate the Senate Judiciary Committee’s amendments or add new ones. That hearing had not been scheduled as of Tuesday afternoon.

House lawmakers have touted HB 99 as a compromise and the Legislature’s only chance in the final days of the session to reform the state’s medical malpractice law. Gov. Michelle Lujan Grisham has also urged lawmakers to pass the bill, which she said will help reduce a statewide doctor shortage.

Among other changes, the bill imposes caps on punitive damages providers can face in civil lawsuits, with higher caps for corporately owned hospitals than independent providers. It also raises the standard of evidence plaintiffs’ lawyers must prove for juries to award those damages, which are meant to punish egregious misconduct.

Before Tuesday’s hearing began, four Democratic senators on the committee issued disclosures about their day jobs as plaintiffs’ attorneys, including Senate Judiciary Chair Sen. Joseph Cervantes (D-Las Cruces), Sen. Katy Duhigg (D-Albuquerque), Senate Majority Leader Sen. Peter Wirth (D-Santa Fe) and Sen. Antonio “Moe” Maestas (D-Albuquerque).

All four opted against recusing themselves from the vote, however, and said they would not personally financially benefit from any changes on which they were voting. Medical malpractice reform advocates, including advocacy group Think New Mexico, have repeatedly made note of Democratic senators who work as trial lawyers and serve on the Senate Judiciary.

Two of them, Cervantes and Duhigg, each presented five amendments that sought to change or remove key aspects of the bill. Duhigg was the lone “no” vote on sending the bill to the Senate.

The three amendments that the committee voted to include came from Cervantes.

One amendment changes definitions about what counts as a medical injury subject to litigation; another requires that medical costs awarded to an injured patient are based on how much the patient was billed instead of how much the patient actually paid.

The third change omits language that enabled New Mexico-owned hospitals to have a lower cap on punitive damages.

Even without the language, the bill still allows smaller hospitals to have lower caps, including a half-dozen rural New Mexico hospitals, according to lawmakers on the committee.

The Tuesday vote marked the second time in less than 24 hours that the Senate Judiciary Committee met to discuss House Bill 99. The committee debated for approximately six hours in total.

New Mexico’s Jeffrey Epstein ‘truth commission’ gets off the ground
Joshua Bowling, Source New Mexico

The four members of New Mexico’s Jeffrey Epstein “truth commission” held their first meeting Tuesday morning. In the coming months, members said, the commission will publish a public-facing website, a live tip-line and an investigative report.

The state House of Representatives unanimously voted to form the House investigatory subcommittee on Monday. Commission Chair Rep. Andrea Romero (D-Santa Fe) said she wants to assemble a full picture of local and state law enforcement’s actions or inactions during Epstein’s time in New Mexico, where he was not required to register as a sex offender even though he pleaded guilty in Florida to soliciting a minor for sex. She said the commission has already heard from survivors who were abused at Epstein’s Zorro ranch near Stanley in Santa Fe County, which sold in 2023.

Epstein purchased the sprawling property from former New Mexico Gov. Bruce King in 1993.

“This truth commission will finally fill in the gaps for what we need to know as the public…so we can learn from them and prevent these atrocities from taking place ever again in this state,” Romero said in a Tuesday news conference ahead of her committee’s first meeting.

The commission will operate with a $2 million budget. Romero said efforts are underway to hire investigators, legal experts and support staff. She and other members said they plan to coordinate their efforts with the New Mexico Department of Justice. The commission will meet publicly on an as-needed basis and post documents to a public website when all four commissioners agree to post them, Romero said.

The commissioners themselves bring relevant experience to such an investigation. Romero is an attorney; Rep. William “Bill” Hall (R-Aztec) is a former Federal Bureau of Investigation agent; Rep. Andrea Reeb (R-Clovis) is an attorney who has prosecuted crimes against children; Rep. Marianna Anaya (D-Albuquerque) is a former deputy director for the progressive organization ProgressNow New Mexico and an advocate for abuse survivors.

The commission’s makeup of two Republicans and two Democrats is no accident. As Epstein’s sex trafficking scandal has become increasingly polarized nationally, commissioners said, they hope to cut through the noise.

“Keep the politics out of it,” Romero said. “Everyone wants to pull us into a direction about politics, but this is really, truly about getting the truth on the record and we take that very seriously.”

At the heart of their investigation is the question of who knew what and when they knew it. Commissioners said they will scrutinize the role local law enforcement played during Epstein and Maxwell’s time in the state.

Former New Mexico Attorney General Hector Balderas in a Tuesday email to Source NM said that his office investigated Epstein’s and Ghislaine Maxwell’s actions at Zorro ranch before federal officials asked him to shelve the query.

“Our office investigated activity that occurred in New Mexico that was still viable for prosecution, including contact with multiple victims,” he wrote. “During that time, the U.S. Attorney’s Office in New York asked that we pause any further state investigation or prosecution of activity related to Epstein, as they communicated to us that they were leading an active multi-jurisdictional prosecution. We provided all of our reports and interviews to them to ensure that they had all investigative leads and to pause from further parallel investigation. We did not close [the] matter, and continued to offer our resources to the DOJ and forwarded evidence to the U.S. Attorney for prosecution. Our office requested that the U.S. DOJ use any asset forfeiture tools at their disposal to seize the ranch and that any proceeds from activity there be used to provide compensation to victims.”

Romero’s work begins as the U.S. Department of Justice uploads troves of documents to its public “Epstein Library.” To some leaders, this local work is something the federal government should have done long ago.

U.S. Rep. Melanie Stansbury (D-N.M.), who serves on the federal committee that has released documents from the 2019 federal sex trafficking case against Epstein, said state leaders are stepping up in an area where the federal government has overwhelmingly failed to act.

“New Mexico is taking action where the federal government has thus far failed to follow up,” she said during a Tuesday news conference preceding the new commission’s first meeting. “It is a structured process through which survivors can come forward, witnesses can come forward, we can uncover a full picture of what happened and why the justice system has failed survivors in our state…This is what the U.S. DOJ should be doing in every single case at the federal level.”

Rio Rancho Market Street meat department workers vote to unionize - Natalie Robbins, Albuquerque Journal 

Employees in the meat department of a Rio Rancho Albertsons Market Street grocery store voted unanimously to unionize in an election last month.

The grocery store, at 2200 Unser SE, is the third Albertsons-owned location in Rio Rancho to join United Food and Commercial Workers Local 1564, union officials said.

“We were honored that these employees reached out to us for help,” said UFCW Local 1564 President Greg Frazier.

The meat department — which includes meat cutters, deli clerks and butchers — is typically considered separate from the rest of a grocery store for union representation purposes, Frazier said.

“Meat cutting is a skill, and because of that, they’ve always wanted their own contracts,” he said.

Twenty workers voted in the election and none voted against the union, which represents around 1,200 Albertsons employees across New Mexico.

UFCW also recently welcomed new members in southern New Mexico. Last week, bakery workers at an Albertsons in Carlsbad voted 9-1 to join the union, Frazier said.

“We’ve seen a lot of activity with Albertsons because it’s a big difference between the union and the non-union benefits,” he said. “It doesn’t affect prices. Whether you shop at a non-union store or a union store, prices are going to be the same, but benefits and what the employees receive are quite different.”

The local votes to unionize come after workers at Albertsons and Smith’s stores across New Mexico voted to finalize new union contracts in July — narrowly avoiding a potential strike after UFCW alleged the companies had been engaging in unfair labor practices.

Albertsons spokesperson Abie Rampy did not address the collusion allegations in a June 2025 statement to the Journal, but said the company respects “the rights of workers to engage in collective bargaining” and remains “committed to negotiating in good faith.”

Rampy did not respond to a request for comment on the Rio Rancho election.

New Mexico school cellphone ban clears Senate- Natalie Robbins, Albuquerque Journal

A bill banning the use of cellphones during the school day passed the state Senate, 32-6, late Sunday night.

Senate Bill 23, sponsored by Sens. Crystal Brantley, R-Elephant Butte, and Antonio “Moe” Maestas, D-Albuquerque, is an amendment to Senate Bill 11 passed last year, which mandated schools adopt a policy regarding cellphone use.

SB 23 would prohibit cellphone usage from the first bell to the last bell of the school day, including during lunch and passing periods. The bill has exceptions for medical purposes — if a diabetic student needs to monitor their blood glucose on a cellphone, for example — instructional purposes, and in case of an emergency.

The ban includes any device capable of taking photographs or recording video. Schools are required to establish policies for the confiscation and storage of the devices. Some districts may choose to use lockable pouches, for which $1 million in funding from the state’s education technology infrastructure fund is available over a period of two years.

If the bill passes, New Mexico will join 26 other states that have banned cellphones in schools, Brantley said.

Those include “red states like Arkansas, and blue states like California,” Brantley told the Senate. “And they are all seeing great improvement.”

The bill received support from the New Mexico Public Education, Higher Education and Early Childhood Education and Care departments in the Senate Education Committee, as well as multiple education policy groups and both New Mexico teachers unions. There was no formal opposition in the meeting, though several senators showed reservations during Sunday night’s debate.

Sen. William Soules, D-Las Cruces, a former teacher, called the ban “totally unenforceable.” Cellphone policies, Soules said, were up to each school board and should not be decided by the state government.

Under SB 11, school districts already have the authority to ban cellphones completely, which some, such as Albuquerque Public Schools, have done, though they are not required to do so.

“Good teachers rarely have a problem with devices in classrooms,” Soules said.

The measure picked up some changes after it was introduced. The first adjustment removed the three-year implementation plan included in the first draft of the legislation. The plan would have started the cellphone ban with middle schoolers in the 2026-27 school year, then with high schoolers the following year, and finally with elementary schoolers in the 2028-29 school year. The ban will now take effect for all grades at once if it passes.

Another amendment, proposed by Senate Finance Committee Chair George Muñoz, D-Gallup, limits the number of years a school district can receive grants from the state for lockable pouches or other cellphone ban enforcement materials to two.

Some senators showed reservations about the cost of enforcing the ban. Muñoz said his wife bought an over-the-door shoe holder from Ross to hold cellphones in her classroom that has worked just as well as a locked pouch.

“We’re going to spend millions on a simple problem that we could have solved cheaply,” he said.

Shoe holders might work for young children, but don’t work so well for high schoolers, Brantley countered.

“The reality is that today’s schools look much different than classrooms when we were in them,” she said.

The six “no” votes came from Democrats Angel Charley of Acoma, Debbie O’Malley and Harold Pope of Albuquerque, Shannon Pinto of Tohatchi, Benny Shendo of Jemez Pueblo and Soules.

The bill now moves to the House of Representatives. This year's legislative session ends Thursday.

New Mexico House unanimously enacts Epstein ‘truth commission’ - Danielle Prokop, Source New Mexico

The New Mexico House on Monday voted unanimously to establish an investigatory subcommittee to examine the activities of the late convicted sex offender Jeffrey Epstein and his former Zorro ranch in Santa Fe County.

Bill sponsor state Rep. Andrea Romero (D-Santa Fe) said the subcommittee will use subpoena powers, public records and testimony to “put the whole story together.”

In a statement following the vote, Romero said New Mexicans “deserve to know the truth about what went on at the Zorro Ranch and who knew about it. We have heard years of allegations and rumors about Epstein’s activities in New Mexico, but unfortunately, federal investigations have failed to put together an official record. With this Truth Commission, we can finally fill in the gaps by investigating the failures that led to the horrific allegations of abuse and crime at Zorro Ranch, so we can learn from them and prevent such atrocities from taking place in our state going forward.”

The legislation requires four representatives from both major parties sit on the subcommittee. House Speaker Javier Martínez (D-Albuquerque) appointed the resolution’s four House sponsors: Romero, Marianna Anaya (D-Albuquerque), Andrea Reeb (R-Clovis) and William “Bill” Hall (R-Aztec).

The subcommittee, which runs through the end of the year but can be extended if needed, will have a budget of $2 million, all funded by a 2023 settlement between Attorney General Raúl Torrez and several financial services companies for failing to identify the abuses at the ranch.

Epstein purchased the 7,500-acre Zorro Ranch from former New Mexico Gov. Bruce King in 1993. According to court documents, the ranch, which has its own airstrip and helipad, was the site of sex trafficking, including by Ghislaine Maxwell, who was convicted in 2021 as Epstein’s co-conspirator.

Previous investigations into Epstein’s activities have produced little information. Former Attorney General Hector Balderas’ criminal investigation in 2019 closed within the year without filing any charges.

Many Republicans had questions for Romero, including whether any additional information has emerged about allegations that two girls were buried near the ranch. New Mexico Commissioner of Public Lands Stephanie Garcia Richard wrote to local and federal officials last week asking them to investigate the “disturbing allegation” and report back on any findings.

The New Mexico Department of Justice sent a Feb. 13 letter to federal officials seeking unredacted copies of the anonymous 2019 email to a local radio host saying that “foreign girls” died of strangulation at Zorro Ranch. The email is part of the trove of recently released Epstein documents, but remains unsubstantiated, according to the NMDOJ.

“While we have not yet received a response to our letter sent last Friday, we are reviewing all appropriate avenues to investigate the allegations raised, as well as any additional ones that may emerge,” NMDOJ Chief of Staff Lauren Rodriguez told Source NM in a statement. “We also continue to engage with Truth Commission leadership to ensure coordinated communication and meaningful participation in the ongoing fact-finding mission.”

Some members also wanted to know whether the subcommittee intends to prevent future activity such as has been alleged to have occurred at Zorro Ranch.

“Do you believe that this legislation could, in the future, help us hold these people and various actors from being able to be in a haven in New Mexico, from procuring our land and doing these horrifying things here,” state Rep. John Block (R-Alamogordo) asked Romero.

Romero said whatever the commission learns, “we can also propose specific policies that can help close loops that were open for these crimes to take place or nefarious actions to take place.”

Romero said the subcommittee will hold its first meeting Tuesday morning.

NM Senate passes $11B budget without pay raise for state employees - Patrick Lohmann, Source New Mexico

The New Mexico Senate on Monday approved the state’s approximate $11 billion spending plan without a raise for state workers, which the House of Representatives’ budget had previously included.

While Democrats, who hold a majority in the chamber, all voted in favor of the budget in the 23-16 vote Monday afternoon, several criticized the Senate Finance Committee for eliminating a 1% raise for state employees, which includes public school teachers and higher education staff.

The House of Representatives’ budget bill passed last week earmarked $26 million for the raise.

Before the Legislature can send the budget to the Gov. Michelle Lujan Grisham, the House will have to take a vote on whether it agrees with the changes the Senate made. If it doesn’t, both chambers will meet in a conference committee to try to reconcile differences between the two budgets.

Senate Finance Chair Sen. George Muñoz (D-Gallup) said Monday that his committee made more than 300 changes to the House’s bill, though eliminating the state workers’ raises prompted the most debate from fellow Democrats.

Sen. Antoinette Sedillo Lopez (D-Albuquerque) was one of several Democrats who said the state’s record budget, which holds more than $3 billion in reserves, has capacity to keep the raises. She said she fears failing to raise pay will drive workers out of the state.

“A lot of people choose to leave because they look at other opportunities they have in other states, and say, ‘You know, I’m not valued here,’” she said. “That’s not good for education in our state, and it’s not good for the operation of our state government.”

Muñoz said nixing the raises was necessary to fund other priorities like food assistance, care for the elderly and the New Mexico Commission for the Blind.

He also estimated that state workers have received $1.3 billion in raises since 2020, amounting to a 20% raise in that period. And he noted that the budget bill would pay for 80% of state employees’ health insurance costs.

“If there’s not a better deal than that,” he said, “I should quit my job and go to work for the state.”

On Saturday, several House lawmakers joined labor unions and other organizations for a Roundhouse rally that urged the Senate to restore the raises. The Valentine’s Day rally featured rallygoers with heart-shaped signs that said “0% Love” and “Low Pay.”

Whitney Holland, president of the American Federation of Teachers’ New Mexico chapter, said the 1% raise, while only amounting to a modest increase in every paycheck, is vital amid rising costs.

“You can call it a raise, but we see the 1% as a way to not fall further behind,” she said Saturday.

And Rep. Joseph Hernandez (D-Shiprock), who sits on the House Appropriations and Finance Committee that drafted the budget, said he had teachers in mind when he pushed for raises in the budget.

“’I’m proud of you who are still teaching in our local schools,” he said to cheers. “And the only way we show we are proud is by giving you guys a pay raise.”

Muñoz touted the overall budget as responsible amid projected revenue shortfalls while also making needed investments in areas like health care, water and housing.

All Senate Republicans voted against the budget, which they derided in a statement after the vote as another year of wasteful spending with not much to show in return. While less of an increase than previous years, this year’s budget continues a streak of record spending over the last five years.

“Democrats talk about affordability for the cameras yet they turn around and increase your taxes while recklessly spending more and more taxpayer dollars on programs that continuously fail in their intentions,” said Sen. Bill Sharer (D-Farmington), the Senate minority floor leader, in a statement.