BCSO, courts spar over security at the state's busiest courthouse

A dispute over security at the Bernalillo County Courthouse spilled into public view Monday when sheriff’s officials denied an allegation by court officials that the agency has scaled back court-related staffing.

Bernalillo County Sheriff John Allen’s office denied it had trimmed staffing levels at the courthouse even as the court abbreviated its hours of operation claiming security concerns.

“Contrary to the narrative presented (by the state judiciary), there has been no lapse in safety or reduction in service to the Second Judicial District Court,” the Bernalillo County Sheriff’s Office said in a statement Monday.

BCSO also refuted the claims by court officials that deputies have responded to 5,867 calls for service at court facilities so far this year.

Of those calls for service, more than 60% were “proactive perimeter or floor checks — standard, low-risk safety sweeps” rather than responses to incidents, BCSO said.

But the BCSO statement also acknowledged that the overtime cost for court security “was a key factor in our decision to restructure staffing for greater efficiency” at the courts.

The Administrative Office of the Courts issued a statement Sunday afternoon announcing plans to limit the number of people entering the Bernalillo County Courthouse in response to what it described as security concerns and BCSO staffing cuts.

“The safety and well-being of people required to go to court cannot be compromised,” Supreme Court Chief Justice David K. Thomson said in the AOC statement.

Sarah Jacobs, AOC deputy director, said Monday that court personnel were “shocked” by BCSO’s announcement July 10 that the agency planned to cut security staff “by one-third to one-half” beginning on Monday.

The state judiciary needs more security staff, not less, Jacobs said.

“A reduction in (security staff) is unacceptable to us,” Jacobs said. The judiciary is negotiating with BCSO seeking a full restoration of security staff, she said.

“An agreement for us would, at a minimum, look like returning to the status quo in terms of the deputies,” Jacobs said. “That’s the immediate goal.”

The Bernalillo County Courthouse at Fourth and Roma NW curtailed hours of several clerk’s offices on Monday. Clerks sat at information desks in the lobby informing people about the new hours of operation.

For example, the main court clerk’s office was open only from 1-4 p.m. Monday. Typically the clerk’s office is open from 8 a.m.-4 p.m. Monday through Friday.

In addition, civil, family and children’s court hearings in the 2nd Judicial District Court were conducted remotely rather than in person.

“We anticipate the adjusted operations continuing at least through the end of next week” unless an earlier agreement is reached with BCSO, Jacobs said.

Otherwise, the courthouse appeared to operate largely as usual on Monday, with sheriff’s deputies screening people at the front entrance and running personal belongings through an X-ray machine. Bernalillo County deputies continued to be a familiar sight in hallways and courtrooms and providing security during criminal trials.

Judicial officials cited two recent examples of security incidents at the Bernalillo County Courthouse as evidence that a robust security staff is needed.

Chaos erupted in a 2nd Judicial District courtroom in January when the family of a murder victim attacked the accused killer, resulting in a melee that injured a corrections officer.

And last week, members of the district attorney’s office were “verbally accosted and confronted” near a courthouse parking lot following a hearing, AOC said in a statement.

Bernalillo County owns the Bernalillo County Courthouse and state law requires counties to provide security at each of the state’s 13 judicial districts, Jacobs said.

BCSO contends the “status quo is unsustainable” and requires a broader conversation about how court security is provided and funded.

“This is yet another example of an unfunded state mandate placed on counties across New Mexico, forcing local law enforcement agencies to fulfill obligations without the resources, infrastructure, or support necessary to sustain them,” BCSO said in the statement.

BCSO this year has paid nearly $900,000 in overtime for court-related staffing, the statement said. Court-related overtime cost the county over $1 million a year in 2023 and 2024.

BCSO disputes that the agency is skimping on security at 2nd Judicial District Court facilities.

BCSO said that on Monday it had nine “court security specialists” assigned to the Bernalillo County Courthouse and the Public Safety Center at Fourth and Roma NW, which handles probation and specialty courts. BSCO had five additional deputies at the Children’s’ Court at 5100 Second NW.

“These numbers reflect the full staffing of Court Security Specialists currently employed by Bernalillo County,” the statement said. “In addition, non-sworn BCSO personnel assist with entry screening, allowing sworn deputies to be strategically placed throughout the facilities.”

AOC spokesman Barry Massey responded Monday that BCSO said in its July 10 statement that it planned to cap the number of deputies at 14 at the court’s three locations, “which is below past staffing levels” at the three sites.

“By any measure, security staffing at the Second Judicial District Court remains inadequate for the state’s busiest district court,” Massey said. “Court hearings often are emotionally charged and contentious. Underestimating the court’s security needs can lead to serious harm or tragedy.”