Council selects public defender to fill municipal court bench
LAS CRUCES – The City of Las Cruces Council unanimously approved Anthony Filosa to fill a vacant seat on the municipal court during a meeting on Monday.
Filosa is the third appointee to the municipal bench in the last two years. The first judge was accused of being a political plant before a district judge ruled they were unqualified. The next judge resigned to become a life coach.
"I'm greatly honored to even be in consideration for this position," Filosa said. "The municipal court serves an important role in this community."
The municipal court handles violations of the city's municipal code, including petty misdemeanors and traffic citations. Two judges, one with authority over the other, oversee those cases.
"I pledge that I would work hard every day and show up and treat people with fairness and dignity," he said.
Who's the new guy?
Filosa's recent role includes defending clients in several high-profile cases and countless others during his six years as a public defender in Las Cruces.
Filosa hails from Truth of Consequences and is a New Mexico State University graduate. After a stint with NMSU's ROTC, Filosa enlisted in the U.S. Army. Filosa spent the majority of 2010 deployed in Iraq. Upon returning, Filosa enrolled in law school at the University of New Mexico.
"My desire was to join the public defender's office," he told the council. "My desire was to be in Las Cruces. I have family here. This is home to me."
But Filosa said there was no opening. So after two years in eastern New Mexico, Filosa returned to southern New Mexico.
Filosa also comes from a lawyering lineage; His father and grandfather practiced law in New Mexico.
Filosa comes to a municipal court struggling to find a long-term solution for its second bench.
A history of turnover and bail reform
For years, the council failed to appoint anyone to the open bench.
According to the court's top judge Joy Goldbaum, COVID-19 restrictions reduced the number of cases. That allowed Goldbaum to run the court without needing a second judge. But as restrictions were lifted, cases increased, creating a need to fill the open seat.
Goldbaum accused the first appointment, Kieran Ryan, of being a political plant. Goldbaum said Mayor Ken Miyagishima installed Ryan expecting Ryan to jail more people accused – but not yet convicted – of crimes.
Miyagishima has criticized the state's bail reform, which grants all defendants accused of a crime the opportunity to stay out of jail unless a judge finds them dangerous and finds no alternative to pretrial incarceration. The reform did away with cash bail, leading to fewer jailed people. Critics have also accused the reform of leading to an increase in crime. However, a study by University of New Mexico researchers found that more than 90 percent of released defendants in Bernalillo County did not commit new crimes. Efforts to address the reform at the state level have failed in two sessions.
Municipal judges rarely influence high-profile violent crimes or felony property crimes as judges in district courts and magistrate courts handle such cases. Most municipal court cases involve minor offenses and city ordinance violations – much of which is only punishable by fines.
Ultimately a district judge found that Ryan lacked the qualifications to be a judge. Following this, Las Cruces lawyer and former district judge Jessica Streeter was appointed to the seat.
Streeter ultimately left the bench. Goldbaum told the City Council Streeter wanted to stay home and focus on her family. Goldbaum also revealed personal medical information about Streeter and suggested it was part of why Streeter was leaving, which multiple councilors condemned. Her Instagram page shows Streeter shifted careers from lawyering to life coaching.
Comments suggest a returning stability
Despite the last two years of public spats between the two branches of government, Monday's comments suggested Filosa's presence could bring renewed stability to the bench.
"Judge Goldbaum has never texted me before," Miyagishima told Filosa, referring to a text the mayor received in which Goldbaum asked about Filosa's start date. "I'm not saying that's an endorsement, but she's never texted me before."
Becky Corran, representing District 5, said she felt Miyagishima brought the council a strong candidate with a good background.
"I know I've been critical of this process in the past, so I really apricate you bringing Mr. Filosa here," Corran said.
Johana Bencomo, representing District 4, said she's spoken to credible community members who had endorsed Filosa for the seat.
"That means a lot to me that folks were reaching out to me to let me know that you would be a good fit," Bencomo said.
Yvonne Flores, who represents District 2, said she feels Filosa brings a lot to the bench. She added that she appreciated Filosa's presentation to the council. Peter Goodman, a Sun-News columnist and a municipal court substitute judge, also provided an endorsement during the meeting.
Justin Garcia covers public safety and local government in Las Cruces. He can be reached via email at JEGarcia@lcsun-news.com, via phone or text at 575-541-5449, or on Twitter @Just516Garc.
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This article originally appeared on Las Cruces Sun-News: Council selects public defender to fill municipal court bench
