Amid debate in the New Mexico Legislature over whether to lock more people up ahead of trial, and criticism from lawmakers and the governor alike of a so-called “revolving door” in the state’s criminal justice system, state Supreme Court Chief Justice David K. Thomson expressed support for pretrial detention as a tool for making communities safer. In his State of the Judiciary address before the Legislature Thursday, Thomson touted recent reforms and called for continued collaboration among the three branches of government.
The Chief Justice told lawmakers that his role is split between being a judge and an administrator. The former must focus on precedent — like the presumption of innocence — while the latter must adapt to practical needs.
“These sometimes-contrasting philosophies are apparent in our conversations surrounding pretrial detention,” he said.
Under his leadership, the court revised pretrial release rules in May to keep more people presumed innocent behind bars awaiting trial. Now, if someone is accused of a felony or certain misdemeanors while out on release, they’re automatically jailed. Additionally, if someone violates their conditions of release, a judge must consider changing them.
Thomson said the reform has led to the detention of 2,750 people. He asked lawmakers to fund expanding the program with around $3.5 million for electronic monitoring.
“Supporting pretrial detention will allow for safer communities and respect for the guarantees in our constitution,” he said.
Democratic lawmakers last summer rebuffed a proposal backed by fellow Democrat, Gov. Michelle Lujan Grisham, to force more people deemed incompetent to stand trial into treatment, rather than be released. However, they did approve $3 million to establish assisted outpatient treatment and competency diversion pilot programs through the courts.
Thomson said that compromise came out of a conversation among all three branches of government.
“This is a commendable process to find solutions to the complex problems you are facing,” he told lawmakers.
He announced the first pilot program launches in the First Judicial District Court this month and programs in the Second and Third districts are coming soon. He advocated for lawmakers to extend that initial funding, while acknowledging the program cannot make communities safer on its own.
“But together, with other programs and public safety initiatives you are implementing and funding, we can do our very best to ensure the health of our community,” he said.
A renewed push to reform criminal competency laws is expected this session.
