NM Supreme Court justices come together to make case for funding

If changes aren’t made to the proposed Legislative Finance Committee state budget, the state’s judicial system will be left without money to pay jurors and monitor defendants on ankle monitors 24 hours a day, seven days a week, warns New Mexico Supreme Court Chief Justice C. Shannon Bacon.

All five justices on the court joined Bacon at a Friday House Appropriations and Finance Committee meeting — a rare appearance of the full court.

“We have never until today felt it necessary for the entire court to appear before any committee of the Legislature. Never,” Bacon said. “Today is that day.”

The Administrative Office of the Court estimates that it requires a $7.8 million budget to keep up its regular operations. The LFC recommended $979,000 for the office.

Bacon said the current proposal would have a “calamitous effect” on the judicial system, posing both a public safety risk and a constitutional crisis.

The New Mexico Constitution requires that jurors be paid minimum wage. According to a presentation made by representatives for the Administrative Office of the Courts, increased minimum wage led to a 60% increase in juror costs.

At the same time, the number of juried trials are increasing — a “brewing storm,” Bacon said.

If jurors can’t be paid, many civil cases will be shunted to the side to focus the court’s resources on criminal cases, Bacon said. But if those cases wait too long, then defendants are being denied their right to a speedy trial — and their charges could be dismissed, Bacon said.

“Without jury trials, we are violating people’s constitutional rights,” Bacon said.

Other gaps included a lack of funding for court security in the Supreme Court budget, Bacon said, and money to track defendants with GPS monitors 24/7. Arthur Pepin, the director of the AOC, said it could be one of the first programs to go.

There also wouldn’t be funding for pretrial services in 13 out of New Mexico’s 33 counties. Those services provide judges with information about defendants, including past criminal history and demographic data.

But although HAFC members voted for the LFC budget, they did so with the intent to significantly modify the budget to address concerns. They similarly voted to adopt the LFC budget for the Supreme Court and the Court of Appeals, with plans to modify both.

Rep. Nathan Small, D-Las Cruces, chair of the HAFC and vice-chair of the Legislative Finance Committee, said the first priority is to shift the AOC budget’s funding source. Last year, the Legislature voted to transition funding from court fees to the general fund.

“We know how important our judicial system is,” Small said. “It’s really a core part of our commitment to public safety.”