Enchantment State News

Attorney General Raúl Torrez of New Mexico has lodged a petition for writ against Las Cruces District Court Judge Douglas R. Driggers, alleging that the judge's premature termination of Patrick Howard’s probation contravened essential state laws. The laws in question pertain to the probation of sex offenders, conditional discharge, and the rights granted to victims under the Victim of Crime Act (VCA).

Howard, a former teacher at Las Cruces High School, admitted to sexually assaulting one of his female students in 2018. He consented to a five-year probation term in return for dismissal of remaining charges and other benefits. However, having served less than three years of his probation, he requested the court to terminate the remainder. A hearing was swiftly scheduled and conducted; however, the victims were not informed about it nor were their voices heard.

“It is truly shocking that a convicted sex offender was released from supervision after having served barely half the time required by law and, what’s worse, the court made this decision without giving the victims in the case an opportunity to be heard,” AG Torrez stated. “Victims have rights under New Mexico law, and I have a solemn obligation to defend those rights, even when they are violated by members of the judiciary.”

The Attorney General’s Petition for a Writ of Prohibition and Superintending Control advances two main arguments: Firstly, the timing and sequence of events leading up to Howard’s premature release from probation raise significant concerns. Secondly, less than three years into his five-year probationary period, Howard's probation was abruptly terminated by the district court without considering either the victim or her rights - a clear violation of law.

The New Mexico Department of Justice remains committed to upholding rule of law and ensuring justice is served for all parties involved. The decision to file a writ against Judge Driggers reflects this commitment and signifies our dedication towards holding accountable those who fail to uphold their legal obligations.

A stamped copy of the writ is available here.