Latest news with #BernadineMartin
Yahoo
4 days ago
- Politics
- Yahoo
McKinley County District Attorney told to give up control of office's finances
MCKINLEY COUNTY, N.M. (KRQE) – A New Mexico district attorney has lost her fight to keep control of her office's budget. It's been an issue KRQE News 13 first told you about in a KRQE Investigation this week. This move comes after years of concerns and complaints from the community and police about criminals not being held accountable — and the McKinley County DA creating a hostile work environment. Related Coverage: Defunded DA hangs onto control of office for now 'It's on her': Senator defunds DA citing attitude, staff shortage Lawmakers gave Bernadine Martin's budget to the neighboring DA in San Juan County. Jack Fortner took control of it Tuesday when the fiscal year began. But when he showed up at her office, she requested he hold off for two more weeks, citing her pending request to the New Mexico Supreme Court to weigh in on the budget move. The justices' decision on Wednesday means Martin must let Fortner take over. If she doesn't, she could be removed. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Solve the daily Crossword
Yahoo
4 days ago
- Politics
- Yahoo
Embattled McKinley County DA asks for emergency funding to keep her office running
MCKINLEY COUNTY, N.M. (KRQE) – She's out of money and out of time, so McKinley County District Attorney Bernadine Martin made a last-ditch push to get emergency funding for her office. In front of the New Mexico Board of Finance, Martin requested $3.8 million, which is the office's entire budget for this fiscal year. 'We have no gas cards. We have no POS for postage. We have no POS for internet…We'd probably see dismissals,' said Martin. Previous Coverage: Defunded McKinley County DA no-show for court, multiple cases dismissed McKinley County District Attorney told to give up control of office's finances Defunded DA hangs onto control of office for now 'It's on her': Senator defunds DA citing attitude, staff shortage She said that for the last two weeks, she's kept her office operating with her own salary because, as of July 1, her funding has been in the hands of the neighboring district attorney in San Juan County. It's a decision from lawmakers signed into law by the governor earlier this year. 'Excuse me. The glare doesn't help my eyes, but I'm getting emotional….Our office needs to continue working. We're the poorest county in the state. The highest Native American population in this state,' said Martin. But as previously shared in a KRQE Investigation, lawmakers claim the decision to defund Martin's office comes after years of public safety concerns from the community and police because Martin has zero assistant prosecutors to keep cases moving through the courts. 'Gallup just has an issue with professionals; we're short on doctors and nurses,' Martin told the board members. 'I think the issue is just not my office. It's generally professionals.' Multiple reports claim that she's created a hostile work environment, too. Of her staff, Martin said, 'We work for the public, I tell them that often. This isn't me. It's us. And working for the folks out in the county.' But as Martin continues to fight, court dockets show criminal cases are continued or dismissed. This request to the board comes after the New Mexico Supreme Court refused to hear her petition to block the legislature's decision. She's now filed a lawsuit. The board questioned Martin for more than an hour but came to the conclusion that if they granted her request, it would open the door for any elected official to call on them over a disagreement with lawmakers. 'It just seems to me we as a board should not be involved in this type of issue,' said Michael Sanchez, New Mexico Board of Finance. They told Martin she has 15 days to meet with San Juan County DA Jack Fortner on her own or with a mediator to figure out how to move forward. 'The precedent is the issue here, but Madame district attorney, we're behind you. If we need to convene special session if that mediation doesn't work, come back, and I for one will show up whenever we need to do that. All of us will do that,' said Paul Cassidy, New Mexico Board of Finance. Martin could be removed by New Mexico Attorney General Raúl Torrez before the funding situation is settled. At the governor's request, his office opened an investigation last month into whether Martin's conduct amounts to 'gross incompetence.' 'I'm being investigated based on hearsay, innuendo, and false statements, and now I welcome it. Bring it on. Look at our numbers. Look at the work we've done,' said Martin. KRQE Investigates has previously reported that DA Fortner started trying to meet with Martin when lawmakers made the funding move in March. Fortner said she spent months declining his offer, and then twice she suggested he sign an agreement giving her the money back. Fortner has said he has to follow the budget lawmakers passed, which leaves him in control of the money. KRQE News 13 tried to once again to ask Martin our own questions, but she declined and requested security. The New Mexico Law Office of the Public Defender sent this statement: The level of dysfunction in this DA's Office has made it significantly harder for us to do our jobs and stay fully staffed. When a DA's Office is chaotic and unnecessarily combative, like it is here, it hurts not just attorneys but also our clients, alleged victims and others waiting for some resolution. It's not like this in other parts of the state and it doesn't have to be like this here. That environment has been a major factor in the loss of several staff attorneys and private contractors. It's also important to remember that prosecuting people isn't the end-all for public safety. There are other ways we can structure how a community addresses crime and public safety, including diversion programs and treatment. Ben Baur, Chief Public Defender, New Mexico Law Office of the Public Defender Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Solve the daily Crossword
Yahoo
04-07-2025
- Politics
- Yahoo
Defunded DA hangs onto control of office for now
NEW MEXICO (KRQE) — The state of New Mexico recently defunded a district attorney, saying she couldn't keep or hire staff because of her incompetence. The state now has a plan to fix the McKinley County District Attorney's Office operations, but the DA isn't allowing that to happen quite yet. San Juan County District Attorney Jack Fortner has tried email, phone calls, and even a mediation hosted by the Governor's Office to get McKinley County District Attorney Bernadine Martin to meet with him in person. Now out of time, he showed up at her office at 9 a.m. on Tuesday – the day the fiscal year began. The state legislature had put Fortner in control of the McKinley County DA Office's budget. 'It's on her': Senator defunds DA citing attitude, staff shortage When Fortner asked if Martin was available to speak, he was surprised to find she was. Martin let Fortner in, along with his staff – an HR employee and office manager who were ready to begin onboarding the staff under his payroll. Plus, attorneys prepared to help with her county's caseload. But then, Martin closed the door. The state defunded Martin's office after years of complaints from the community and police. She should have eight assistant prosecutors, but for more than six months, she's had zero. As we shared in a KRQE investigation Monday night, the sheriff says this staffing shortage has led to criminals not being held accountable. On top of that, KRQE News 13 is told Martin has created a hostile work environment. After their meeting, KRQE asked the DA again if she would talk with us. She said no, saying she had just met with Fortner. Their meeting lasted about half an hour. Fortner said he 'was not expecting her to co-operate,' but found Martin was very cooperative, and that they had a good discussion. But she won't let him have any say in her office's operation just yet. Fortner says Martin asked him to hold off for at least two more weeks, as she'd like to hear from the New Mexico Supreme Court first. Just last month, Martin petitioned the justices to weigh in on whether the legislature and governor have the right to defund her'DA Martin assured me that she has legal coverage for two weeks,' said Fortner. 'She has funds for her staff for two weeks. And so I said, 'as soon as you need us, we're here.'' Still, it remains unclear if the court will hand down a decision that soon. Fortner says that 'it's her office, and I can't intrude without her cooperation.' They agreed to talk in a week, and see what happens. Now, Martin could be removed before then. The governor asked the attorney general to investigate whether Martin's conduct amounts to gross incompetence. Letter from Governor Michelle Lujan Grisham to Attorney General Raúl Torrez Letter to District Attorney Bernadine Martin Response from Attorney General Raúl Torrez New Mexico Department of Justice spokesperson Lauren Rodriguez released the following statement: 'We are actively investigating whether District Attorney Bernadine Martin's conduct meets the legal standard of gross incompetence, as outlined in state statute, which is necessary to pursue her removal from elected office. As with any investigation, she is entitled to due process, and we remain committed to upholding the rule of law.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-06-2025
- Politics
- Yahoo
Showdown brewing after lawmakers' defunding of Gallup District Attorney's Office
Jun. 11—SANTA FE — The district attorney in McKinley County is facing the defunding of her office in just three weeks, after a simmering debate over prosecution rates prompted lawmakers to take the rare step of stripping state funds for an elected official. District Attorney Bernadine Martin said Wednesday attempts to "remedy" the situation are in the works, including a possible working agreement with San Juan County District Attorney Jack Fortner. She also did not rule out filing a court challenge. The showdown was set in motion when lawmakers approved a $10.8 billion state budget bill in March that does not include any base funding for employee salaries and benefits in Martin's office. Instead, the bill that takes effect next month earmarks $1.9 million for the district attorney in neighboring San Juan County to prosecute cases in McKinley County. It also provides an additional $1.9 million for contract attorneys to be hired in the district. Martin, who is the state's first female Navajo district attorney, was reelected last year as the top prosecutor for the second division of the 11th Judicial District. She said the defunding holds her "hostage" and prevents her from performing her elected duties. "Because he got my money doesn't mean he runs my office," she said in a Wednesday interview, referring to the San Juan County district attorney. Martin also said her office currently has 24 full-time employees, including investigators, victim advocates and administrative staff. But Sen. George Muñoz, D-Gallup, the chairman of the Senate Finance Committee, said he was approached by judges, other prosecutors and Chief Public Defender Ben Baur about an alarmingly low number of prosecutions in McKinley County and Martin's management of the District Attorney's Office. He added Martin has not shown up for legislative budget hearings in several years, and said defunding her office was the only way to ensure cases move forward. "If cases aren't getting prosecuted and judges are telling me we're in the worst shape in the state, my job as a legislator is to step up and do something," Muñoz told the Journal. "This is the only place we can really handcuff her and make sure criminal cases get prosecuted," he added, saying some employees from Martin's office had also approached him with concerns about management practices involving the use of overtime. Law enforcement awaiting resolution While Albuquerque has primarily been the focus of legislative attempts to improve public safety in recent years, Gallup has also struggled with high crime and addiction rates. The city's violent crime rate has actually decreased in recent years, but Gallup still had the state's highest violent crime rate as of 2022, with roughly 1,500 such incidents per 100,000 residents, according to legislative data. McKinley County Sheriff James Maiorano said Wednesday the lack of attorneys in Martin's office prompted him to refer a vehicular homicide case to Attorney General Raúl Torrez's office several years ago. He said the situation has somewhat improved since Martin hired two contract attorneys to handle cases, but said the set-up is still far from ideal. "You may be the best attorney in the world, but when you get to 400 or 500 cases per attorney, things are going to fall through the cracks," Maiorano said. Due to chronic staffing issues, the District Attorney's Office in Gallup has had by far the state's highest average caseload for attorneys in recent years. During the first quarter of the current budget year, the figure hit 2,822 cases per attorney, according to Legislative Finance Committee data. In addition, only 18 cases went to trial in the judicial district last year, out of nearly 1,500 cases that were referred to the office, according to data compiled by Muñoz's office. Martin acknowledged this week her largely rural District Attorney's Office has struggled to attract applicants for attorney positions. But she said that problem is not unique to her office, citing similarly low staffing rates at the local public defender's office. How the defunding vote played out This year's budget bill initially included $3.3 million for the District Attorney's Office in McKinley County, along with additional funding for contract attorneys. But after the bill was approved by the House, it was amended in the Senate Finance Committee. One of those changes involved stripping the funding for the District Attorney's Office out of the bill, and adding budget language stipulating new cases in the county would be handled by Fortner, the newly-elected district attorney in San Juan County. Though several senators expressed concern about the change, the bill passed the Senate on a 24-16 vote and was then ratified by the House. Gov. Michelle Lujan Grisham signed the budget bill into law in April, leaving the altered funding plan intact. A Lujan Grisham spokesman declined to comment on the situation Wednesday, while Fortner did not respond to a message seeking comment. Maiorano, the local sheriff, described the situation as delicate, citing state law that empowers district attorneys to decide whether to move forward with cases or dismiss them. "We are all holding our breath for July 1," he said, referring to the date the new state budget takes effect.
