The 58th Public Forum presented by WNMU’s Miller Library, the Grant County Democratic Party, and MEChA happened on February 21, 2019. Democratic Party Chair Frances Vasquez opened the meeting and turned it over to moderator Siah Hemphill.
Hemphill announced the topic, Social Justice and Criminal Justice in New Mexico: A new day in Court, legal changes in the new administration. She asked the panelists to briefly introduce themselves.
Thomas Stewart, Sixth Judicial District Court Judge, spoke first. Stewart is from the Bayard/Santa Clara area and graduated from Cobre, NMSU, and then returned to the area after law school to have a successful law practice. Stewart has only recently served as judge and says he’s got a lot to learn.
Spenser Baca is an attorney from Silver City who went to Silver High and then WNMU before attending law school at the University of Pittsburgh. Baca’s main areas of interest are health law and constitutional and social justice issues. He currently practices at the Jim Foy and Associates law firm.
Timothy Aldrich came to Silver City after a successful career in Minnesota. After working in criminal defense, Aldrich worked in legal aid in Albuquerque. He went on to Children’s court, working as the Assistant District Attorney, then Judge. He currently teaches at WNMU and enjoys creating art.
“We are so fortunate to have all three of you in the community,” Hemphill said.
Hemphill asked what legal changes will help protect children and improve the welfare of children.
Stewart said that the way Domestic Violence (DV) is handled affects children. “DV is a big issue, and sometimes children are not the direct object ,but they are ancillary victims. DV is often perpetuated, that’s the way problems are dealt with in the family, or with women. Dealing with DV in as effective way as possible is important.” Stewart said that as a judge dealing with DV, including the use of foster parents and the increased funding for social workers, is the way to impact children in the community.
An audience member said Colorado has a different approach to DV and that they changed their laws to include immediate intervention. “I’m curious to see if that would be entertained in New Mexico.”
“We need to make things easier for those without access to an attorney. People dealing with violence have enough things to deal with. There is also a rapid response-type law in MA,” Stewart said. He said it takes a lot of identification and screening but there are ways to identify the potential for greater harm and therefore prevention. While the law in Colorado has reduced reoffending, money is a factor.
“New Mexico struggles with the applications of the laws and is working earnestly and steadfastly to recognize the statistics. DV is a male issue. Violence is a male issue. Sexual violence is a male issue,” Aldrich said. “Intervention is essential. You may have to arrest your partner as a law enforcement officer.”
“Intervention is important, especially with DV. Mental health and substance abuse are also so closely tied to DV,” Baca said. “We need more funding. If you struggle with DV and need counseling it is hard to keep going after the court order expires. We need more funding for basic therapy.”
Mary Hotvedt stood to ask a question. “The issue came up today and was hotly debated at the conference center, knowing domestic abusers have access to firearms.”
Stewart said we’ve never had to worry about whether or not such a decision was constitutional before. As a judge, if the actual DV order has that verbiage (to restrict guns), that is what he deals with directly. The same is true of mental health limitations. The issue lately is whether these items would become state law.
“Pending legislation says that private sales would require government background checks. What is the controversy?” Baca asked. “It’s in place for commercial sales already, it would just expand it to private sellers and gun shows. It may be a burden on private sellers but it prevents unreasonable sales.”
Aldrich said both Colorado and Minnesota have similar laws. “I strongly support the removal of weapons in DV cases. It’s a real issue, the risk of suicide as well as partner issues. How far we react, that is the question. Should it be a lifetime ban?”
Emily Pollom mentioned several criminal justice bill currently in legislature, the change of drug charges to misdemeanors, expungement for certain convictions, and limiting solitary confinements, and asked for feedback.
“Prohibiting excessive solitary confinement would definitely be an improvement. It’s a serious thing that drives people crazy after short periods of time. In my opinion, it’s torture,” said Stewart.
Baca also agrees with the bills. “It’s common sense for the drug issues. For folks that think a misdemeanor is a fun, petty thing that doesn’t affect your life, it’s not. It’s an incredible inconvenience.”
Shelby Hallmark also asked for feedback. “At the conference center the commissioners voted to accept a resolution declaring Grant County as a second amendment sanctuary.”
Baca reminded the public to get out and vote for county commissioners and voiced concern for how gun control became such an emotional issue.
“As a judge I can’t comment on anything that could possibly come before me,” Stewart said. “I also don’t pick and choose the laws.”
Baca added another comment. “Our community faces so many negative issues: foster care, education, mental health...Funding and access are issues. It is sad that this petty regulation takes up so much attention of people in positions of power.”
The topic of the next public forum will be the results of the legislative session.