DA held in contempt for skipping court appearance - Albuquerque Journal

DA held in contempt for skipping court appearance

Copyright © 2020 Albuquerque Journal

A New Mexico district attorney says he was held in contempt of court after “heeding the governor’s declaration of a public health emergency” and failing to attend a hearing in Carlsbad earlier this month.

Timothy Rose is asking the state Supreme Court to require Judge Lisa Riley to rescind the contempt order, which was issued after Rose’s request to attend the hearing by phone was denied.

Tenth Judicial District Attorney Rose had agreed to take on a case in the 5th Judicial District, which prosecutors there were unable to accept because of a conflict of interest. The case was set for a dispositional hearing in Carlsbad on March 16, and because he is based nearly 250 miles away in Tucumcari, Rose asked Riley for permission to call in to the hearing. That request was denied, and the prosecutor planned to attend the hearing.

“Everything changed dramatically on March 11, 2020,” Rose wrote in the petition. “On that day, the first New Mexicans tested positive for COVID-19 and the governor declared a public health emergency.”

The Supreme Court would soon issue measures intended to reduce public health risks, including ordering judges to hold hearings in a way that would minimize contact among people, “including the use of telephone and technology.” Justices have since amended that order to require that hearings be held by phone and video “to the fullest extent possible.”

The prosecutor then filed a second motion asking to appear by phone, this time pointing out the Supreme Court’s new directives regarding the virus. It was also denied.

He says he submitted documents to the court, believing in good faith that they satisfied the state’s obligations at the hearing, which he believed would take less than 10 minutes. Rose wrote that he did not disobey the court but determined that public health interests would be best served by presenting his position by phone or with documents.

The hearing was held without a prosecutor, and the judge reset it for the next morning after the defense raised new requests. This time, the prosecutor received permission to attend by phone. But after the hearing, the judge ordered him to pay a $250 fine, finding him in contempt for failing to appear.

Rose says the order conflicts with the Supreme Court’s directives and the “spirit of cooperation that is needed to combat a deadly disease in this time of crisis.”

Home » ABQnews Seeker » DA held in contempt for skipping court appearance

Insert Question Legislature form in Legis only stories




Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email yourstory@abqjournal.com

taboola desktop

ABQjournal can get you answers in all pages

 

Questions about the Legislature?
Albuquerque Journal can get you answers
Email addresses are used solely for verification and to speed the verification process for repeat questioners.
1
Former Lobo Udeze shines in all-star game at Final ...
ABQnews Seeker
Former Lobo Morris Udeze was named ... Former Lobo Morris Udeze was named MVP of the College Basketball All-Star Game in his hometown of Houston on Friday.
2
Tuition bump? UNM administration seeks 3% tuition hike, 6% ...
ABQnews Seeker
Tuition and fees for in-state students ... Tuition and fees for in-state students would be $11,380 for one year
3
Fewer police officer positions, a goodbye to extra COVID ...
ABQnews Seeker
Mayor Tim Keller on Friday released ... Mayor Tim Keller on Friday released his plan for fiscal year 2024, which includes a slightly smaller budget after years of significant growth.
4
Photos: Grants High School baseball team beats St. Pius ...
ABQnews Seeker
5
New Mexico Supreme Court blocks ordinances restricting access to ...
ABQnews Seeker
Five Eastern New Mexico jurisdictions had ... Five Eastern New Mexico jurisdictions had passed ordinances that activists call "de facto abortion bans."
6
Local hospitals are lifting their mask mandates
ABQnews Seeker
Presbyterian, UNMH, Christus St. Vincent and ... Presbyterian, UNMH, Christus St. Vincent and the Lovelace make joint announcement
7
In split ruling, Court of Appeals vacates former NM ...
ABQnews Seeker
Former New Mexico tax department head ... Former New Mexico tax department head Demesia Padilla's two felony convictions that stemmed from a lengthy public corruption investigation were vacated Friday by the ...
8
Albuquerque police officer resigns after allegation of 'inappropriate contact' ...
ABQnews Seeker
An Albuquerque police officer resigned on ... An Albuquerque police officer resigned on Friday after officials said he refused to cooperate in an investigation into allegations that he had inappropriate contact ...
9
Police release clearer photo of truck allegedly involved in ...
ABQnews Seeker
Crime Stoppers have released a clear ... Crime Stoppers have released a clear photo of a pickup truck believed to be involved in the homicide of a motorcyclist earlier this month ...