COMMENTARY:
As a candidate running for district attorney last year, Fernando Macias argued that the reason the office was unable to comply with caseload deadlines imposed by the state Supreme Court was mismanagement by Gerald Byers, the beleaguered incumbent, leading to chronic understaffing of the office.
“Right now, there are 70 employees at the DAs Office,” Macias said during a community radio interview last October. “There are 21 attorney positions, if you include the DA. There are basically eight out of the 21 that are actual attorneys in court handling thousands of cases over the course of the year. So how can an office like that truly operate effectively?”
To be fair, it was a view shared by all of the other candidates who were seeking to oust Byers who, for whatever reason, was unable to recruit and maintain anything close to a full staff.
Macias argued that not only could he build the staff, he also had the experience needed to handle the new demands by the Supreme Court.
“The challenge has been given by the Supreme Court to have a more effective case management system here. That can be achieved,” Macias said. The key was better organization at the front end of the system, reducing requests for discovery and prioritizing the most important cases, he added.
“I’ve served as a district court judge for 11 years. During that period of time, I presided over 10,700 cases. I understand where the chokepoints are in the system,” Macias said.
Now, less than a year later, Macias is arguing that the case management system is too strict and is asking state lawmakers to intervene, even as he acknowledges that the Legislature has no real authority in this area.
The state Supreme Court first imposed a special rule in 2015 setting deadlines for cases to go to trial to address a backlog in Bernalillo County. Dona Ana County was the next to fall under the rule, followed by Santa Fe.
The rule requires most cases to go to trial within about seven months of the time charges are filed. The deadline for more complex cases is about 15 months. In cases where the district attorney is not ready by the deadline, charges have to be dropped temporarily, with the ability to be refiled at a later date.
Macias told legislators that he has been forced to dismiss more than 700 cases due to missed deadlines. While it would not be fair to expect him to fix the problems he inherited in the office overnight, that figure will likely come as a surprise to voters who heard Macias’ assurances as to his ability to resolve the issue quickly.
The right to a speedy trial was so important to our founders that it was included in the Bill of Rights. In federal courts an indictment must be filed within 30 days of an arrest and a trial must be set within 70 days of the indictment.
Under our system of justice, those accused of a crime are innocent until proven guilty. Constant backlogs and delays create legal uncertainty and prevent the accused from having a timely opportunity to clear their names.
Macias is certainly not the first politician to overpromise while running for office, then have to reverse course later when confronted with the realities of managing the office. And, he is not the only district attorney in New Mexico grappling with a backload of cases.
The Legislature does have a role to play, but it is not infringing on the authority of the Supreme Court. Rather, lawmakers should ensure that the courts, prosecutors and public defenders all have the funding needed to administer justice in a fair and timely manner.
Walter Rubel can be reached at waltrubel@gmail.com
Walt Rubel's opinions are his own and do not necessarily reflect the views of KRWG Public Media or NMSU.