EDITORIAL: NM public defenders need adequate funding to balance judicial scales

Effective public defense is beneficial to all.

Without proper representation, it not only affects the defendant, but it also impacts victims, witnesses, their families, and the community.

Higher felony caseloads combined with a limited number of attorneys to handle cases is of grave concern in New Mexico due to felony cases being more complex and requiring more time and resources. Fiscal Year 2023 case assignments surpassed pre-pandemic levels with felony cases exceeding levels over the last six fiscal years.

The New Mexico Law Offices of the Public Defender (LOPD) is underfunded in comparison to its district attorney counterparts. Since Fiscal Year 2010, the DA’s budget has grown 141% while LOPD’s budget merely grew by 67%. This is less than half of the growth rate of the DA’s budget over more than 10 years.

The annual LOPD caseload is 78,493 assignments with just 349 public defenders handling cases. About 900 defense attorneys are desperately needed to adequately handle the total case assignments, according to an American Bar Association workload study of the New Mexico Law Offices of the Public Defender.

The LOPD represents any indigent person charged with a crime that has the potential for jail time in New Mexico. It represents between 85% to 95% of people charged in the state depending on the region and charge. Attorneys are tasked with meeting deadlines to file motions, disclose all evidence, and more. Failure to meet a deadline can result in sanctions that could include case dismissals.

The LOPD is seeking $86.6 million for Fiscal Year 2025. It is a 20.8% increase from its current $71.7 million budget, and well worth the investment.

“We are underfunded and don’t have the resources to represent every defendant in a proper way,” Dennica L. Torres, district defender for the Second Judicial District, told the Journal Editorial Board recently.

LOPD and district attorneys offices differ in the way they are funded. Each judicial district has an elected district attorney who runs their own information technology and human resources functions with support from the New Mexico Administrative Office of the District Attorneys.

Each district attorney’s office space and cost is provided to them by the local county’s budget. On the other side of the coin is the Law Offices of the Public Defender. LOPD is a statewide agency that pays for its own office spaces throughout New Mexico. LOPD also carries the burden of maintaining one human resources department and information technology system statewide.

Granting the Fiscal Year 2025 request would allow for $6.2 million for an additional 30 attorneys and 30 core staff, $4.9 million for contract attorney compensation and complex case costs, and $1.7 million for maintaining trial and operational needs. It also would create $2.1 million in pay equity that would create parity with the DAs and other state attorneys.

Pay equity is key, particularly in rural areas, which are difficult to recruit and retain staff. The Fifth Judicial District in Chaves County, which includes Roswell, has a vacancy rate of 52%. The Roswell office is down six out of nine attorneys. Other affected offices include Hobbs, which is lacking three out of eight attorneys, and Carlsbad that is short three out of six attorneys.

Increasing the LOPD’s budget to allow it to responsibly grow staff and improve representation is long overdue. Its funding request should be granted in order to address overstretched and under-resourced needs that directly affect counsels’ ability to provide appropriate assistance.

It is critical that the budget request be granted. It is what is best for community safety as a whole by reducing recidivism and helping prevent generational trauma.