Walt Rubel Commentary: Invest in courts to end backlogs

In 2012 a federal district court jury awarded $22 million to Stephen Sleven for his mistreatment and neglect during the 22 months he was held in the Dona Ana County jail pending trial for crimes he would never be found mentally competent to stand for.

We have changed the bail system since then, but we haven’t made the necessary investments in our courts and corrections system. And so, if Sleven were arrested on the same charges today, he would be released. But he would not likely get the mental health care needed to stand trial.

There’s a legitimate argument as to which of those two outcomes is better, but neither is good.

In an attempt to address a growing backlog and move cases to trial more quickly, the state Supreme Court issued a special rule in 2015 setting deadlines in the districts with the greatest problems. Albuquerque was first, but our district and the Third Judicial District are also now included.

The deadlines seem reasonable. Most cases must be heard within seven months. More complex cases can take up to 15 months. 

The right to a “speedy and public trial” is guaranteed in the Sixth Amendment. In federal court, that requires an indictment within 30 days of an arrest, and trial within 70 days of the indictment. 

In New Mexico, the special rule requires cases to be dismissed if they can’t be brought to trial by deadline, with the ability to refile charges at a later date. 

When Dona Ana County was included under the order, then-District Attorney Gerald Byers warned that hundreds of cases would potentially be dismissed.

Some of that can be blamed on ineffective leadership. There’s a reason why Byers finished fourth in a four-way Democratic primary election for the seat. But the problem is larger than one district or one leader.

During this month’s meeting of the state Legislature’s interim Courts, Corrections and Justice Committee, Santa Fe District Attorney Mary Carmack-Altwies told lawmakers she expects her district to be included under the special rule by next year, according to reporting by Source New Mexico.

Carmack-Altwies told lawmakers her office would need 13 new employees to address the backlog and prevent cases from being dismissed, and she made that request during this year’s session. One new position was funded.

This is just the latest skirmish in the battle between public safety and Constitutional rights, which also includes the issues of bail reform and mental competency to stand trial.

It’s not surprising that a case management pilot program in Albuquerque before the permanent system was imposed coincided with an increase in crime. Failure to hold people accountable for crimes almost always results in more crime.

At the same time, the Bill of Rights is not negotiable. And, what happened to Stephen Sleven at the hands of the good people of Dona Ana County was not tolerable.

Lowering the standards won’t fix the problem. We must make the necessary investment in our courts, police and behavioral health systems to ensure that those arrested in our state get a fair and speedy trial, and victims of crime get the respect and justice they deserve.


Walter Rubel can be reached at [email protected].

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