Enchantment State News

Attorney General Raúl Torrez has filed a lawsuit against the Second Judicial District Court (SJDC) in New Mexico, alleging violations of the Inspection of Public Records Act (IPRA). The lawsuit stems from the court's refusal to release crucial public records requested by journalists. These records are considered essential for assessing the effectiveness of court-ordered location monitoring of criminal defendants.

"Public safety is the most important issue in our state and citizens have a right to know if pretrial services are an effective alternative to detention, especially when judges choose to release violent offenders over the objection of police and prosecutors," said AG Torrez. "No branch of government, not even the judicial branch, is allowed to operate without accountability, especially when individuals like Devin Munford are allowed to roam the streets of our community."

Torrez further argued that if pretrial supervision is as reliable as its proponents claim, there should be no objections to legitimate media requests about its efficacy. "Refusing to turn over the information only raises new questions that we should all demand answers to," he added.

The IPRA stipulates that transparency should be the norm and secrecy an exception. This principle applies across all branches of government, including those overseeing compliance with court-ordered conditions for released criminal defendants.

However, SJDC recently denied two separate public records requests from journalists seeking documents related to the efficacy of court-ordered location monitoring. These denials hinder public scrutiny and accountability, particularly regarding pretrial supervision of criminal defendants. The public has a vested interest in understanding these operations' effectiveness, especially amidst ongoing bail reform developments in the state.

The withheld information is crucial for evaluating whether conditions of release protect community safety and how pretrial services enforce these conditions and respond to violations. Transparency in these operations is vital for public safety, particularly following a 2016 constitutional amendment empowering judiciary detainment of dangerous defendants pending trial.

The SJDC's refusal to comply with IPRA not only contravenes principles of open government but also potentially compromises public safety. This legal action aims to enforce IPRA compliance and ensure the public remains informed about government operations, particularly those affecting community safety.

The filed complaint can be accessed here.