Democracy for New Mexico

New Mexico Supreme Court Announces Judicial Speakers’ Bureau

By all accounts, we could use a lot more in the way of civics education to provide citizens with a better understanding of how government works and what their role is in assuring it functions effectively. A new program of the New Mexico Supreme Court will help on that score. Chief Justice Edward L. Chávez has announced the launch of the New Mexico Judicial Speakers’ Bureau. The Bureau will function as a new community outreach program that will allow community organizations and classroom students to hear directly from judges on topics related to the judiciary.

“Every day courts impact the lives of New Mexicans as judges deal with the aftermath of crimes, afflictions, addictions, failed or failing personal and business relationships, said Chief Justice Chávez in a press release on the new program. "Through the Judicial Speakers’ Bureau, we hope to foster communications between judges and the community and to educate the public about the role of the courts in our democracy and the importance of judicial independence to that democracy.”

The judiciary website includes a list of judges who have volunteered to participate in the Judicial Speakers’ Bureau. Schools, community groups, civic organizations and professional organizations wishing to arrange for a judge to speak to their organization should submit a request to the contact listed for that judge at least one month in advance of the requested appearance. Judges participate as their schedules permit and at no cost.

A partial list of topics includes the role of the courts and how the courts impact the community; judicial independence; the critical role each citizen of the community plays in our democracy by participating in jury services; and civil and criminal proceedings. Judges are bound by the Code of Judicial Conduct and are not permitted to speak on certain topics, such as pending cases.

Message from Santa Fe Mayor David Coss Regarding Recent Tragedies

The following statement was issued today by David Coss, Mayor of Santa Fe, New Mexico:

As we prepare for the 4th of July, Santa Feans are coping with great tragedy. I want to express my thoughts and discuss actions I believe we must take as a community. First, I want to express my deep condolences to the parents, families and friends of Rose Simmons, Kate Kline, Julian Martinez and Alyssa Trouw. I pray for the speedy recovery of Avree Koffman. I also want to express my condolences to the parents, family and friends of Pedro Maldonado.

Only weeks ago, I was expressing condolences to the Lovato family after a horrific domestic violence incident that affected all of us. There have been too many senseless and tragic losses. Domestic violence, gang violence and drunk driving affect us all. Santa Fe can not tolerate this, no community can.

In attending memorials and funerals this week, I have been moved by the depth of suffering and by the strength and character of our people. I ask all Santa Feans to decide that they will be safe and to see to the safety of their fellow community members this 4th of July weekend. I am humbled to be with our community in its bereavement. There has been great wisdom in the sentiments and insights expressed by people young and old. Yet, the healing will take a long time. Please continue to reach out and support one another in these painful times.

Out of the tragedy, the Santa Fe community must continue to work for change. Elected leaders shoulder a special responsibility to make solutions happen. Local government leaders will hold a joint City Council/Board of County Commissioners meeting next week to respond to these incidents, especially to the role that abuse of alcohol plays in our community.

We have to do more and working together, we will. We will support dialogue but we will also move for action. We know what programs work in education, enforcement and treatment. We have to improve our ability to implement these programs and practices. Change must occur quickly.

I have tremendous faith in the people of Santa Fe. It’s important that every individual makes personal decisions to look after the safety and well-being of their fellow community members. This weekend please make that decision. Be safe on the 4th of July. Make sure your actions show respect for yourself and for the safety of your family, friends and neighbors.

In closing, I want to again express my deepest condolences to those in our community who are most directly affected by the tragedies of this past week.

For background, see this article about the traffic accident that resulted in four deaths and severe injuries to a fifth teen, and this article about the death of Pedro Maldonado.

The Boys Will Be Boys Approach to Punishing Abortion Clinic Violence

A couple of young guys torched an Albuquerque abortion clinic in December of 2007. According to the reporting of the Albuquerque Journal, "The motivation was personal, not political or religious." I guess they never heard of the much-used expression from the feminist movement of the 1970s -- "the personal is the political." And it certainly is, especially in terms of violence at reproductive health care clinics for women. According to the Journal:

Sergio Baca, who planned the Dec. 6, 2007, arson out of anger that his ex-girlfriend planned to terminate her pregnancy, was sentenced Wednesday to 46 months in federal prison. Chad Altman, the friend he persuaded to join in, got 40 months under plea agreements with federal prosecutors. Together, they are responsible for restitution of nearly $800,000. The clinic of Dr. Curtis Boyd was declared a total loss.

Rather short sentences for successful arsonists, in my opinion, especially for guys who violated the federal Freedom of Access to Clinic Entrances act and were charged with conspiracy. They probably won't serve all of that with time off for good behavior. There are marijuana offenders sentenced to federal custody for much longer than that. And this was certainly a ruinous, politically motivated crime in every way, as characterized by clinic personnel:

"These two men took violent action against us based on the belief that they were above the law; a belief that they were entitled to control a woman's life, her decisions and her body," said a statement read by Boyd's office manager. [emphasis mine]

... Baca and Altman "destroyed our clinic, endangered lives and denied abortion services to women they did not know, whose stories of need, endangered health and desperation they can neither imagine nor respect," Boyd's statement said.

U.S. Attorney Greg Fouratt, a Republican, doesn't see it that way:

Fouratt said it was not a case in which someone was making a political statement, as with the May 31 murder in Kansas of Dr. George Tiller.

"This was two ... knuckleheads seeking to deter one woman from having an abortion," he said. [emphasis mine]

Aw shucks, these guys weren't making a hateful political statement about women -- why, the "knuckleheads" were merely trying to exert their power and control over one woman's body. No big whoop, even if their actions resulted in their exerting their power and control over the clinic's future patients in the process. No misogyny nor intent to subjugate women and undermine their legal rights here. Move along.

Baca and Altman faced a mandatory minimum five-year sentence if they'd been convicted at trial. However, U.S. District Judge Conway made a deal:

Senior U.S. District Judge John Edwards Conway accepted plea agreements that specified the lesser prison terms, and told the men, "I have no idea why you two did that. It's the dumbest thing you ever did in your life."

Got that? Judge Conway asserted he had no idea why the guys burned down the clinic. Oh, it was just a dumb mistake. You know, boys will be boys. It was merely a juvenile personal grudge against an ex that sorta kinda got out of hand, resulting in the destruction of a reproductive health clinic -- thereby terrorizing its patients and personnel. Remember this crime wasn't some prank like throwing eggs at clinic windows or even disabling a clinic's security camera. It consisted of tossing gasoline on the clinic, lighting it and burning down place.

Is it really possible that U.S. Attorney Fouratt and Judge Conway don't see the dangerous and clearly political implications of a violent and destructive act performed by males to intimidate an ex-girlfriend into obeying the desires of the ex-boyfriend? Don't they understand that the reproductive health care rights of hundreds of other women were trampled on in the process? Can they possibly not get that this sort of vicious acting out is deadly serious, and not just some sort of juvenile prank?

If this is the way that acts of destruction against legal abortion providers and intimidation of their patients are viewed and minimized, we can surely expect more of the same. Especially in the current climate of right-wing extremism -- and even assassination -- related to this issue.

Baca and Altman might not be supporters of extremist groups like Operation Rescue, but they certainly exhibited a capacity for sick, domineering and controlling behavior towards women and their reproductive rights. In that way, they have more than a little in common with other perpetrators of violence against women's rights and those who honor them. To deem them "knuckleheads" who did a dumb thing is being part of the problem, not the solution, at least in my book.

Benito Aragon Guest Blog: APD Has Problems, Where's Marty?

This piece by Benito Aragon originally appeared on Local Dialogue, a blog he founded. Benito provides a refresher course -- peppered with documenting links -- on some of the scandals that have plagued the Albuquerque Police Department while Marty Chavez has served as Albuquerque's mayor. I agree with Benito that this issue should be raised by all of our mayoral candidates and debated front and center during the run-up to Albuquerque's municipal election on October 6. How about you?

By and large the Albuquerque Police Department has a high volume of hard working and honorable men and women within their ranks. New Mexico’s largest city has a crime rate that keeps APD busy and the majority of Albuquerque officers serve with dignity and honor.

That being said, it’s an inconvenient fact that APD has been scandal-ridden for years.

Mayor Martin Chavez assured the city of Albuquerque that “heads would roll" after the evidence room scandal of 2005, yet APD has been plagued with a long list of incidents that include murder, assault and rape. With the mayoral race underway, will any candidate step up and address this issue?

A cursory search in Google for “Albuquerque police officer accused” brings up a long list of incidents that have seemingly been forgotten, or not categorically addressed, by the local media, the city council or the mayor.

Below is a partial list of recent incidents involving APD criminal activity, negligence and questionable behavior in that last few years:

- In January of this year, APD paid $685,000 for failure to respond to five 911 calls which resulted in the murder-suicide of a fighting couple.

- APD Gang Unit Detective Joe Baca has been accused of stealing $2,500 from evidence obtained in an arrest in 2007. Baca has been fired for the incident and the trial is ongoing.

- In October 2008, Ana Bruciaga was arrested and fired for discharging her weapon after a fight with her boyfriend.

- In April 2008, Sgt Andrew Gallegos ran over Vera Haskell at Sidewinders Bar while off duty. After viewing surveillance video of the incident, Gallegos’ police colleagues joked that it looked like him. Gallegos stated that he went to a party that night and “blacked out.” The case against Gallegos has been dismissed.

- In May 2008, APD Officer Daniel Guzman attacked a local news cameraman. The incident was caught on tape and the officer was fired. Guzman has since been hired by the Bernalillo Police Department.

- In October of 2007, Tera Chavez was found dead in her Valencia County home of a gunshot wound to the head. She was the wife of APD officer Levi Chavez and his department-issued hand gun was found to be the weapon that inflicted the shot. Valencia County investigators changed the cause of death from suicide to homicide and named her husband as a “person of interest.” APD officers are alleged to have entered the crime scene and contaminated and extracted evidence. A lawsuit filed by the victim's family (pdf) states that officer Chavez changed his wife’s life insurance policy to include a pay-out clause for suicide which became active weeks before her death. Levi Chavez is the nephew of Sheriff Robert Chavez of Santa Rosa and has been paid $63,000 while on paid administrative leave.

- Officer David Maes stands accused of the 2007 rape a woman who was in his custody. The officer had admitted on his recruitment application to illegal activity involving “theft, vandalism, bribery and drug use.” Maes had already received four reprimands within the department before the incident.

- From 2001 to 2006 several women went missing in the Albuquerque area without notice or alarm by the APD. It was recently found that a serial killer was loose on the streets of Albuquerque during that time and that the perpetrator buried his victims in a mass grave on the West Mesa.

- During the 2005 mayoral election, APD was embroiled in an evidence room scandal which saw the resignation of APD Chief Gill Gallegos. Accusations arose of ongoing theft, evidence contamination and whistle-blower intimidation. A city investigation found those accusations to be true but the state attorney general at the time, Patricia Madrid, stated, “Serious systemic problems in the operation of the evidence room make a successful prosecution virtually impossible.”

At the time of the evidence room scandal, Mayor Chavez assured Albuquerque that Schultz’ team was going to clean up the situation. Schultz, however, retained the Deputy Chief who was the main target in the investigation.

Even if high-profile firings would have been made, it’s quite obvious that APD is in need of systematic change and not necessarily sacrificial lambs.

Mayor Chavez and APD have been dedicated to beefing up the number of officers on the streets in the last couple of years, but are they sacrificing quality in their quest to meet quotas? A recent KRQE news report stated:

Police Detective Oscar Medrano, who ran background checks on APD recruits, swore under oath that he felt pressure from the Mayor Martin Chávez's office to push candidates through and “soften standards."

Medrano says the mayor's office was flooding him with applications, pushing 1,000 officers for what he called, "political reasons."

This is a serious accusation taken under oath within a culture where inner-department policies and politics are rarely and grudgingly divulged to the public.

There’s been no shortage of press conferences with Mayor Chavez backed by a sea of Albuquerque’s finest, so at what point does the mayor become accountable for the long list of department black eyes that have happened on his watch?

This is indeed a valid campaign issue and one that needs to be addressed for the integrity of our city as well as the reputation of the hundreds of upstanding officers who do our community a great justice with their service.

An approach that needs to be on the table is one that includes raising the education requirements for recruits as well as the pay for our officers. I’m willing to bet Albuquerque would favor police pay raises over multi-million dollar sports stadiums and trolly cars any day.

Mayor Martin Chavez, as well as those seeking the city’s highest office, owe it to the Albuquerque community to address this issue in their campaigns.

This is a guest blog by Benito Aragon, a native of Albuquerque's North Valley and founder of Local Dialogue. Be sure to check out his site on a regular basis for more in the way of New Mexico news and views.

If you'd like to submit a piece for consideration as a guest blog, contact me by clicking on the Email Me link on the upper left-hand corner of the page.

(Updated) Janet Napolitano, Eric Holder, Gil Kerlikowske to Unveil SW Border Counternarcotics Strategy in Albuquerque Friday

Update: The DHS has released more info on the Albuquerque visit. At 10:15 AM Secretary Napolitano will swear in members of the Homeland Security Advisory Council. At 11:00 AM Secretary Napolitano will join U.S. Attorney General Eric Holder and Office of National Drug Control Policy Director Gil Kerlikowske to announce President Obama’s National Southwest Border Counternarcotics Strategy. Both events will take place at the Student Union at the University of New Mexico.
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U.S. Department of Homeland Security (DHS) Secretary (and Albuquerque native) Janet Napolitano will travel to Albuquerque NM on Friday, June 5 according to a DHS press release. Secretary Napolitano will be joined by U.S. Attorney General Eric Holder and Office of National Drug Control Policy Director Gil Kerlikowske to unveil President Obama’s 2009 National Southwest Border Counternarcotics Strategy. Secretary Napolitano will also swear in new members of the Homeland Security Advisory Council (HSAC). Comprised of national security experts from state, local and tribal governments, first responder communities, academia and the private sector, HSAC provides advice and recommendations directly to Secretary Napolitano on homeland security issues.

In addition, Secretary Napolitano will travel to Tucson on Thursday to announce Operation Stonegarden grant awards, which consist of $60 million to enhance law enforcement preparedness and operational readiness along the border through improved cooperation and coordination between federal, state, local, and tribal law enforcement.

Murder of Dr. George Tiller: NM Religious Coalition for Reproductive Choice Hosts Memorial Service Tonight in ABQ

The New Mexico Religious Coalition for Reproductive Choice (NMRCRC) will be sponsoring a memorial service honoring Dr. George Tiller (right). The service is scheduled for tonight, Monday, June 1, 2009 at 7:00 PM at St. Thomas of Canterbury Episcopal Church, 425 University NE, in Albuquerque.

The NMRCRC released a statement saying they extend their deepest sympathy and their prayers to the family of Dr. George Tiller, who was assassinated yesterday morning in the lobby of Reformation Lutheran Church in Wichita, Kansas, where he was a member of the congregation. "We are horrified and outraged and saddened at this enormous loss – for his family, for all the women who need his care now and will need it in the future."

“Today we are mourning the loss of a hero, a man who was fundamentally pro-life. Dr. Tiller saved the lives of women again and again," the statement continued. "We know most of the so-called 'pro-life movement' deplores this action, and condemns it, and we can not blame the whole movement for the actions of one madman. But the fact that the murder took place in his church reminds us that some people use religion as an excuse for acts of hatred. Let us remember that violence and murder are perversions of religion,” said Executive Director, Joan Lamunyon Sanford.

"Dr. Tiller was a person of conscience and faith, who provided abortion services for women in the greatest medical and for poor women in particular, who are the women most likely to need abortions in the second trimester, Dr. Tiller was an essential provider. He was one of the very few doctors providing medically indicated late-term abortion services and he did not waver from the provision of this service, despite frequent threats, lawsuits and violence and was well aware that he was never far from danger."

"Tragically, there were many warning signs that this cruel act could take place. Dr. Tiller's clinic was severely vandalized earlier this month and it was reported that Dr. Tiller had asked the FBI to investigate the incident. Today, as we mourn the loss of Dr. Tiller, we urge the federal government to take swift action against the person or persons who committed this act," the statement concluded.

It is heartening to me that a religious group is sponsoring a memorial event for Dr. Tiller. The New York Times reports on the killing of Dr. Tiller and provides an unconscionable quote from one of the murderer's fellow anti-choice activists who ostensibly is a Christian -- in stark contrast to the response of the NMRCRC:

Scott Roeder, 51, of Merriam, Kan., whom authorities have described as a suspect in Sunday’s fatal shooting here of George Tiller, was once a subscriber and occasional contributor to a newsletter, Prayer and Action News, said Dave Leach, an anti-abortion activist from Des Moines who runs the newsletter. Mr. Leach said that he had met Mr. Roeder once, and that Mr. Roeder had described similar views to his own on abortion.

Commenting on Dr. Tiller’s death, Mr. Leach said, “To call this a crime is too simplistic.” He added, “There is Christian scripture that would support this." [emphasis mine]

Frederick Clarkson has an excellent diary at Daily Kos about the murder that examines the roles played by ugly rhetoric and incendiary actions in helping to set off violent crimes like this one. Given the propensity of certain right wingers and their proponents in the media to create an atmosphere of intimidation and hatred around issues like this, be prepared for more outbreaks of viciousness using religion as an excuse.

(Updates) Sen. Jeff Bingaman Joins 60 Others in Vote to Preserve Credit Card Loan Sharking

Update 2: Sen. Bingaman's office responded to this post with a statement explaining his vote against the interest rate cap. Read it here.
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Update 1: The New York Times provides a nice rundown of the vote on Sen. Sanders' amendment to cap credit care rates at 15%. A total of 21 Democrats voted against the amendment. Sen. Bingaman voted with the usual suspects in the DINO class and 38 Republicans against the amendment.
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Given that the topic of President Barack Obama's town hall meeting at Rio Rancho High School this morning is credit card reform, I thought it important to pass along the latest insult to the economic well-being of Americans launched by lawmakers. Yesterday, the US Senate quashed a measure introduced by Sen. Bernie Sanders that would have capped the interest rates of bank-issued credit cards at a still very generous 15 percent.

Imagine the audacity of a US Senator who dares to point out that the exorbitant rates banks are currently charging many Americans for credit is, in effect, usury, which used to be a criminal act. When the mob did the same thing it was called loan sharking. All that's missing from the picture is the part where the debtors who can't make their payments have their legs broken with a bat by those they owe. Instead, the "too big to fail" banks have been content to make sure many people will never be able to pay off their credit card loans, and to coerce their servants in the Senate to pass laws that make it very difficult for ordinary people to declare bankruptcy.

A whopping 60 Senators from both parties voted against Sanders' amendment, including our own Sen. Jeff Bingaman. Only 33 voted for the legislation, including Sen. Tom Udall. Thank you Senator Udall!

Unfortunately it appears that Sen. Bingaman has decided to play the bad cop -- or the Republican -- in our two-Senator setup. Or something. This is the same Sen. Bingaman who voted a few years ago for Bush's horrible bankruptcy bill -- considered an act of allegiance to the credit card companies and banks -- and who is the only member of New Mexico's Congressional delegation who hasn't pledged to support the Employee Free Choice Act. You might want to call Sen. Bingaman to let him know how well you think he's representing your economic interests (toll free from New Mexico: 1-800-443-8658).

Get this one:

The banking industry, which had some heavy-weight representatives monitoring the vote off of the Senate floor, warned that an interest rate limit could cause a sour reaction in the financial markets.

I wonder if any consumers were allowed to hang out just off the Senate floor so they could at least scowl at Senators as they went about the business of their generous campaign donors. And I guess Sen. Bingaman and others who voted against the amendment didn't much care whether their actions would "cause a sour reaction" among the working stiffs. After all, it's Wall Street and the investor class that coughs up so much of the campaign cash year after year -- even if it takes a lot of ass kissing.

... Mr. Sanders said the card companies and banks were engaged in conduct that could get others hauled into court. He said one-third of all credit card holders are paying interest above 20 percent and as high as 41 percent.

“When banks are charging 30 percent interest rates, they are not making credit available,” said Mr. Sanders, who noted credit unions are limited to 15 percent. “They are engaged in loan-sharking.”

That out of the way, "Senators said they hoped to finish up the credit card bill as early as Thursday, coinciding with a town hall meeting by President Obama on credit card issues in New Mexico."

Don't get me wrong. The Senate version of H.R. 627, the Credit Cardholders' Bill of Rights Act of 2009, is still a very good bill and is stronger than the version passed by the House. However, if banks continue to be allowed to charge outrageous interest rates, many American families will most likely never get out of debt until they die. If then. That should be good for the 21st century economy -- and those mere humans who'll remain caught in the banks' credit card web of horror.

Meanwhile, the major credit card issuers are hustling to make every buck they can before new rules issued by the Fed and others included in the proposed legislation kick in. A spokesperson for the Center For Responsible Lending said that the banks,

... are trying to get as much money as possible before the rules change ... companies were "revving up" practices that they know are unfair.... The result is that the companies are hitting their "best" customers -- those that have been able to continue to pay even as the recession has worsened -- with additional fees and charges....

Get it while you can.

US House Passes Expanded Hate Crimes Legislation; Heinrich & Lujan Vote Yes, Teague Absent

H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act, passed the U.S. House by a margin of 249-175. Representative Martin Heinrich (NM-01) voted in favor of the legislation, which gives local law enforcement the tools and resources they need to prevent, investigate and prosecute hate crimes. Rep. Heinrich released the following statement following the vote:

“There’s no place and no excuse for violence that’s motivated by small mindedness. I remain committed to protecting the civil rights of all my constituents. My vote for this important legislation will give our local law enforcement officers the tools they need to keep New Mexicans safe.”

Rep. Ben Ray Lujan (NM-03) also voted for the bill and released this comment:

“Our shared values dictate that no person should be subject to violence because of intolerance,” said Rep. Luján. “This legislation will give local law enforcement the tools to protect all Americans while protecting our civil rights, civil liberties, and freedom of speech.”

Unfortunately, Congressman Harry Teague (NM-02) was absent for the vote. I contacted his DC office to find out why. I was told that, "Congressman Teague was unable to take votes this evening as he had previously committed to speak to the New Mexico Amigos in Detroit, Michigan today. The New Mexico Amigos is a nonprofit organization composed of business leaders from throughout the state. They were in Detroit to tour the Ford Motor Facilities on the 2009 Goodwill Trip. Congressman Harry Teague addressed the group about the implementation of the Recovery Act and what it means for New Mexico."

Rep. Lujan's statement also explained that more than 118,000 hate crimes have been documented by the FBI since 1991. In 2007 alone, there were 7,624 reported hate crimes. By providing local law enforcement with the tools and resources to prevent and prosecute hate crimes, this legislation will protect the rights of all Americans.

The release also reported that several key law enforcement groups support the legislation including the International Association of Chiefs of Police, National Sheriffs’ Association, Police Executive Research Forum, Hispanic American Police Command Officers, Police Foundation, and National District Attorneys Association.

In addition, Lujan's statement said that a diverse group of faith organizations support the legislation including Alliance of Baptists, Presbyterian Church (USA), United Methodist Church, United Church of Christ – Justice and Witness Ministries, American Jewish Committee, American Jewish Conference, The Episcopal Church, B’nai B’rith International, Sikh American Legal Defense and Education Fund, Sikh Coalition, and Sikh Council on Religion and Education (SCORE).

Here's what the National Gay and Lesbian Task Force has to say about passage of the bill, also known as the Matthew Shepard Act, in the House:

Our country is on the cusp of recognizing and responding to the reality of hate violence against lesbian, gay, bisexual and transgender people. It is a national embarrassment that bigotry and ignorance have prevented enactment of substantive federal hate crimes legislation, but that goal is finally, truly, within our grasp.

Laws embody the values of our nation, and through this legislation the House is clearly and unequivocally saying that America rejects and condemns hate violence against its people. The importance of this cannot be overstated, particularly in light of the toxic misinformation campaign that has been waged against the bill by right-wing forces who would rather see anti-LGBT crimes go unaddressed than have the words 'sexual orientation' or 'gender identity' appear alongside other protected classes in federal law.

We thank all the House members who voted for this bill today. We urge the administration to help usher this critical legislation through the Senate, and for President Obama to then quickly sign the legislation, as he has signaled he will do."

Wikipedia provides a history of the effort to pass expanded federal hate crimes legislation, or what is also known as the Matthew Shepard Act

Colfax County Magistrate Court to Hold DWI Sentencing Hearing at Raton High School

Here's a creative tool being used in the battle against drunk driving. The Raton High School Gymnasium will be transformed into the courtroom of Colfax County Magistrate Judge Warren Walton as he presides over formal DWI Sentencing Hearings for three DWI defendants on Tuesday, April 14, 2009, at 11 AM.

A statement from the office of the New Mexico Supreme Court explained that strict courtroom decorum will be enforced by uniformed police officers as the students of Raton High School witness and hear the prosecuting and defense attorneys present their arguments and the judge hand down formal sentencing for the defendants who have previously plead guilty to DWI offenses. After each sentencing, Judge Walton will direct the defendant to address the students and give a statement explaining the effects of drinking and driving on their lives and the lives of their families. Uniformed police officers will then shackle the defendant for removal to the local jail.

Said Judge Walton, “We spend so much time telling our kids what to do. The “Court to Schools Program” vividly shows our children how defendants are held accountable in the criminal justice system for their choice to drink and drive. They observe the defendant, who is a member of their own community. They hear the defendant describe the damage caused by a reckless decision. Then they hear the shackles scrape on the hardwood floor as the defendant is removed. My hope is the students will leave with a lasting impression of the damage caused by drinking and driving, an impression which will deter them from making the same mistake.”

Signed Into Law: Rep. Cote's Bill to Prohibit Bias-Based Profiling

Bravo to all concerned on this one. House Bill 428, which prohibits racial and bias-based profiling practices by law enforcement, was signed by Gov. Bill Richardson yesterday. The bill, sponsored by Rep. Nathan Cote (D-Las Cruces), had 32 cosponsors and the support of multiple organizations throughout the legislative process. New Mexico is the 23rd state to implement a biased-based profiling law.

The law makes it illegal for law enforcement to rely on race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status or disability to select a person for routine or spontaneous investigatory activities. It requires law enforcement agencies to publish the policies and procedures designed to eliminate profiling. It also requires the Attorney General to establish independent procedures for investigating complaints of biased-based profiling by law enforcement. The law goes into effect December 2009.

Rep. Cote commented on the bill's enactment in a statement released yesterday. "Law enforcement has a tough and often thankless job. Criminals must be caught and punished, and in many cases rehabilitated. This includes, but is not limited to, violent acts against others, drug smuggling, and the increase of gang activities. But when innocent and free people because of their race, color, ethnicity, religion, and so on are interrogated without a reasonable suspicion that they've committed a crime, they then become distrustful and fearful of those hardworking law enforcement officers sworn to protect us."

"I'm hopeful that the statements on stereotypical profiling, the law enforcement training mandates, and finally complaints and resolutions to those complaints collected and analyzed by the Attorney General's Office are worthwhile," Rep. Cote continued. "I hope they result in law enforcement agencies and community members becoming more trustful of each other and help to facilitate their partnership in the fight against criminal activities. I believe it is good public policy to protect the constitutional freedoms of everyone including the minority groups within our state's diverse population while at the same time supporting law enforcement."

Among the organizations that have shown support for the legislation are the NAACP, LULAC, Drug Policy Alliance New Mexico, Somos Un Pueblo Unido, Family Justice Campaign, Conference of Churches, and The Alliance of Peace and Justice. Twenty-two other states have already adopted biased-based profiling statutes. Another five are working on similar legislation for their states.