Judge holds NM human services chief in contempt

SANTA FE – A federal judge held New Mexico’s top human services official in contempt Tuesday for failing to comply with court orders aimed at improving the administration of food aid and Medicaid health care benefits.

The contempt order against Human Services Secretary Brent Earnest by U.S. District Court Judge Kenneth Gonzales upheld findings that the cabinet secretary did not diligently attempt to comply with court orders concerning the handling of Medicaid benefit renewals, eligibility for immigrants, training for agency employees and other administrative requirements.

The judge, in his Tuesday order, also said objections filed by the agency were without merit and that the overall direction of the case was troubling.

“It remains clear that HSD and its officials have failed to exercise the leadership, control and managerial oversight to effectively come into compliance with the court orders,” Gonzales wrote.

However, a spokesman for the Human Services Department, which runs the federally funded Supplemental Nutrition Assistance Program, or SNAP, took issue with at least part of the judge’s order.

“We strongly disagree with the judge’s characterization of the department, which doesn’t take into account all of our efforts to resolve long-standing issues – some of which are three decades old and occurred under several administrations,” HSD spokesman Kyler Nerison said. “However, we are pleased that the court has agreed with us to bring in an outside monitor to help resolve those issues.”

“Regardless, we are going to continue providing services to New Mexicans who need it the most,” he added.

The contempt finding accompanies the judge’s earlier approval of plans for a court-appointed special master to help ensure federally funded benefits are administered properly amid internal investigations by state and federal agencies into allegations that food aid applications were falsified.

The civil contempt order carries no additional sanctions or penalties.

Sovereign Hager, an attorney at the New Mexico Center on Law and Poverty and advocate for aid beneficiaries in the litigation, said the order sends a strong message nonetheless.

“I think this is a message that if things don’t work out with a special master and the state doesn’t come into compliance, the court will look to harsher remedies,” she said.

New Mexico has one of the nation’s highest poverty rates, and there were more than 536,000 New Mexicans receiving food assistance benefits under SNAP, which was formerly known as food stamps, as of July, according to HSD. That figure was up by more than 7 percent – or nearly 36,000 people – from a year earlier.

The judge’s contempt order is the latest twist in a 1988 lawsuit. Earlier this year, a series of hearings were conducted by U.S. Magistrate Judge Carmen Garza, who had been tasked with monitoring compliance with a consent decree in the lawsuit and previous court orders.

Those hearings showed potential problems with the SNAP program, including testimony that state intake workers had been ordered to falsify income for some applicants, effectively denying them emergency benefits.

The testimony prompted criticism of Gov. Susana Martinez’s administration by top legislative Democrats and party officials, including a call from Sen. Gerald Ortiz y Pino, D-Albuquerque, the chairman of the interim Health and Human Services Committee, for Earnest to resign.

Earnest took over as HSD secretary – after Martinez picked him for the job – in December 2014 after the agency’s former secretary stepped down.

Share Your Story

Nativo Sponsored Content

Ad Tango


taboola desktop

MORE ARTICLES LIKE THIS

1
Drunk ATV driver who hit woman faces prison
ABQnews Seeker
Victim suffered multiple injuries, spent months ... Victim suffered multiple injuries, spent months in intensive care
2
Push to boost radiation compensation renewed
Courts
Trinity Site, Navajo Nation were impacted Trinity Site, Navajo Nation were impacted
3
Biden pick confirmed as federal NM judge
Courts
Trump nominees were sidelined by runup ... Trump nominees were sidelined by runup to the 2020 election
4
Feds authorized to seize $3M in Stapleton case
Courts
It's unclear how much money remained ... It's unclear how much money remained in accounts and was available for seizure
5
Four agencies sued in fatal Deming police shooting
ABQnews Seeker
Attorney: Unarmed victim was on knees ... Attorney: Unarmed victim was on knees
6
NM judiciary set to expand pretrial GPS monitoring
ABQnews Seeker
Plan will implement 24/7 alert system, ... Plan will implement 24/7 alert system, on-call judges to track release violators
7
Two judges are being sued by Pueblo of Pojoaque
Courts
Suits are more about jurisdiction than ... Suits are more about jurisdiction than judicial actions
8
Ethics complaints filed over mayoral election
Courts
But who is policing the ethics ... But who is policing the ethics board?
9
Former APD commander gets $550K in whistleblower lawsuit
ABQnews Seeker
Suit alleged retaliation for bringing to ... Suit alleged retaliation for bringing to light problems of police academy with court-mandated reform