Hundreds of criminal cases in Las Cruces could be dismissed this summer. Here's why.

LAS CRUCES – Dozens of cases will likely be dismissed in the Third Judicial District Court over the coming weeks amid the implementation of new rules crafted by the state Supreme Court.

The rules come amid several factors, but stem primarily from a New Mexico State Supreme Court order on June 14. The high court's directive created a Case Management Order commonly called a CMO. The CMO is meant to decrease the load of criminal cases and stimulate quicker resolutions, according to the Supreme Court order.

The Third District was also chosen as a pilot district to study the effects of the CMO for potential implementation in other districts. While it is a pilot program, officials do not expect it to end.

"This is a sea change," Third Judicial District Attorney Gerald Byers said. "I've been doing this for over 25 years, and it's different. But different isn't necessarily bad. It just means it's different."

The CMO will likely lead to dismissals, Byers and other judicial officials interviewed by the Sun-News acknowledged, as the court continues efforts to reduce a backlog that's led to cases taking years to resolve.

Murder charge dismissal is an early indicator of what's to come

In the early weeks of implementation, the CMO has already resulted in prominent dismissals.

Voluntary manslaughter charges against David Aguilar, accused of killing a woman during a domestic violence incident, were dismissed on June 23. The judge cited the CMO as the reason for the dismissal and said prosecutors did not meet the deadlines imposed by the rule change. In a statement, Byers said he intended to bring the case back to the judge in the coming weeks.

Byers also shared a letter with the Sun-News suggesting as many as 500 cases could be dismissed (with an opportunity to be refiled) as the order is implemented.

"The Third Judicial District Attorney's Office is committed to formally re-charging in this matter," the letter reads.

The letter is marked as a notice to inform someone involved with a case that the case was dismissed. It also provides an argument as to why the case was dismissed.

Letter Regarding CMR Dismissals by Justin Garcia on Scribd

Why is the CMO implemented?

The Third Judicial District is the third district to be placed under a CMO. The first was the Second Judicial District in Albuquerque in 2015. The process in that district was contentious, news reports show, as then-district attorney Raul Torrez called the order "arbitrary, unpredictable and unjust."

But the order remained in place. Defense attorney's practicing in Albuquerque who spoke to the Sun-News credited the order with reducing the caseload until the pandemic in 2020.

But 2020 was a difficult year for processing criminal cases in New Mexico.

Public health orders allowed for more delays in cases and fewer trials, contributing to a backlog across the state. For some defendants, that meant dismissals or years-long delays. For others confined to jail by court order, it meant indefinite detention without a conviction.

Data provided by the Third Judicial District Court to the Sun-News shows that over a dozen people charged in Doña Ana County spent over a year in jail while awaiting resolution after 2020. Four people (all accused of murder) each spent over 1,000 days in jail waiting for trial. Three of those cases remained unresolved as of the publication of this article.

Conrad Perea, the Chief Judge of the Third Judicial District Court, said the Third Judicial District Court's list of confined people waiting for resolution is concerning. He added that the list was one of the reasons the Supreme Court picked the Third Judicial District Court for the pilot program in August 2022. Since then, Perea said the three judges overseeing criminal cases worked to reduce the caseload independently.

"Now we're in a prime position to be able to inherit this case management rule, to be able to say, let us now futuristically control our dockets and control the time it takes to bring cases to trial," Perea said.

What does the CMO do? 

In the simplest terms, the CMO is a set of rules regarding time limits in the district court. The rule applies to all criminal cases in the district court. It does not affect civil cases or Doña Ana Magistrate court cases. The CMO also does not apply to probation violations.

The CMO forces prosecutors and defense attorneys to meet sooner and begin plea bargain negotiations faster. The meeting is called a mandatory status hearing. The process also places new deadlines on prosecutors before the mandatory status hearing, including:

• Providing discovery (legal information regarding the facts of the case) to the defense at least five days before the hearing.

• Presenting the defense any plea offers to consider.

• Meeting in person for the hearing.

According to the CMO, missing these obligations could result in the dismissal of the case.

A change for those jailed ahead of trial

Another of the CMO's biggest changes affects pretrial detention.

After New Mexico voters overwhelmingly approved bail reform in 2016 via constitutional amendment, the legislature created a system referred to in the courts as pretrial detention.

Before the amendment, a judge could order that a defendant pay cash to leave jail. This process was called a bond. Typically, the judge would place a higher cash total on more severe charges or allegations. That means a person charged with murder would have to pay more money to leave jail than a person charged with burglary.

After the amendment, this practice was ended. Now, all defendants can leave jail ahead of trial, and instead of a bond, the defendants are ordered to participate in a program called pretrial services. That program sometimes comes with ankle monitors and requires defendants to check in with court staff regularly.

But for the most serious charges, prosecutors can request a judge order a defendant to remain in jail until trial. But it's never that easy. The judge must find that prosecutors proved two prongs before jailing the defendant. They must show that:

1. The defendant is dangerous to the public or people involved in the case. Once that's established, they must show,

2. No conditions of release (like an ankle monitor or a threat of owing the court money if they miss a hearing) can reasonably protect the public.

Judges in Doña Ana County typically hold people accused of murder in jail via this process. Otherwise, most defendants await resolution outside of jail. But for those in jail, the wait for trial is sometimes years. For example, police charged Antonio Perez, 39, with murder on Aug. 23, 2020. His trial did not occur until June 25, 2023.

The CMO seeks to make cases like Perez' a top priority in Las Cruces. The CMO dictates that these cases will have a six-month deadline under a special docket unless the defendant's competency is an issue or for "exceptional circumstances." The CMO did not define exceptional circumstances, meaning a judge has discretion as to decide what qualifies.

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.

This article originally appeared on Las Cruces Sun-News: Hundreds of Las Cruces criminal cases could be dismissed