Court, BCSO air difference on courthouse security to lawmakers

Court officials told lawmakers Thursday that reduced security staffing at the Bernalillo County Courthouse endangers both the public and staff.

Bernalillo County Sheriff’s Office officials responded that modest reductions in court-related security staff strike a balance between public safety and exorbitant overtime costs for deputies.

The two narratives offered to the legislative Courts, Corrections and Justice Committee suggest the two sides remain at odds about how to resolve the dispute, which has resulted in reduced hours at public courthouse offices and other changes.

“We were able to reduce a lot of our staffing for overtime and still provide the same level of service to the courts,” BCSO Chief Deputy Pete Golden told lawmakers.

“The courts then decided that they wanted to reduce services because they perceived that there was a risk that we don’t believe is there,” he said.

Second Judicial District Court officials said counties are required by law to provide security in state district courtrooms, which can be scenes of high emotion that too often turn violent.

“We’ve had two fights break out at the same time at different ends of the courthouse,” 2nd Judicial District Court Chief Judge Marie Ward told lawmakers. “Inmates have had to be removed for extremely aggressive behaviors. People appear intoxicated, impaired and with serious mental health issues.”

Deputy staffing at the courts began dropping in January, Ward said. On July 11, the court was notified that BCSO would cut staff to nine deputies at the Bernalillo County Courthouse and five at the Children’s Court, she said.

Ward cited a January incident when the family of a victim attacked the accused killer in Judge Cindy Leos’ courtroom, resulting in a melee that injured a corrections officer.

“At that time, we had 17 deputies in the courthouse,” Ward told lawmakers. “Seven were able to respond to the incident. But if the same were to happen today, it would be extremely difficult for deputies to respond.”

State Rep. Christine Chandler, D-Los Alamos, said lawmakers may be able to provide an eventual solution but that Bernalillo County needs to broker a resolution to the impasse in the short term.

“It’s the county that’s responsible for funding the sheriff’s office, not the state Legislature,” Chandler said. “My encouragement here is, the county needs to address this, and they need to address it promptly.”

Golden said that the sheriff’s office has trouble recruiting deputies to serve as “court security specialists” to provide security in the Bernalillo County Courthouse and the Children’s Court.

BCSO currently has 12 deputies specifically assigned to court security posts, leaving daily vacancies ranging from one to five positions, requiring BCSO to pay deputies overtime, Golden said.

“Due to poor interest in court security specialist positions, daily vacancies have been back-filled by deputy overtime,” he said.

As a result, court-related overtime cost the county $1,136,000 in 2024 and $887,000 through June this year, he said. Golden suggested changes in state law that would allow retired deputies to return to work longer than 36 months, the limit set by lawmakers in 2024.

“I have individuals right now that are willing to rehire as court security specialists, but they will not forego a continuous full-time position in retirement for one that only has a limit of 36 months,” Golden said.

The county also is considering hiring civilian and private-security staff to supplement sworn deputies in the courts, he said.

The 2nd Judicial District Court reduced hours Jan. 11 at the clerk’s office and other court offices to reduce foot traffic in the courthouse. In addition, civil, family and children’s court hearings in the 2nd Judicial District Court were conducted remotely rather than in person.

Ward said the courthouse on Wednesday expanded hours at the clerk’s office to 11 a.m. to 4 p.m., but those hours remain curtailed from the past schedule of 8 a.m. to 5 p.m. Monday through Friday.