SANTA FE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico applauds Governor Martinez’s signing of HB 483, the bill that creates a fully independent and fully funded New Mexico Public Defender Department (PDD). Previously, the PDD was controlled by the executive branch.
“This bill corrects a critical imbalance in New Mexico’s justice system,” said ACLU-NM Executive Director Peter Simonson. “The New Mexico Public Defender Department plays a crucial role in ensuring people’s constitutional right to a defense, and this new system provides the department the autonomy and objective oversight it needs to protect this fundamental right.”
After voters overwhelmingly approved of Constitutional Amendment 5, the ballot measure that amended Article 6 of the state Constitution to establish the PDD as an independent state agency. The legislature was required to enact legislation to implement the changes. With HB 483, the New Mexico State Legislature set the terms and qualifications for the new independent and non-partisan board which will oversee the new PDD.
“By making the Public Defender Department independent, this change will help buffer the public defense system from the politics that inevitably affect decision making by the executive branch,” said ACLU-NM Public Policy Director Steven Robert Allen. “This is why 42 states, today joined by New Mexico, provide for a Public Defender Department overseen by an independent, non-partisan board.”
The independent Public Defender Department amendment was endorsed by more than 100 public organizations, officials, judges, prosecutors, attorneys and community leaders across New Mexico, as well as the state’s three largest newspapers.
“This bill corrects a critical imbalance in New Mexico’s justice system,” said ACLU-NM Executive Director Peter Simonson. “The New Mexico Public Defender Department plays a crucial role in ensuring people’s constitutional right to a defense, and this new system provides the department the autonomy and objective oversight it needs to protect this fundamental right.”
After voters overwhelmingly approved of Constitutional Amendment 5, the ballot measure that amended Article 6 of the state Constitution to establish the PDD as an independent state agency. The legislature was required to enact legislation to implement the changes. With HB 483, the New Mexico State Legislature set the terms and qualifications for the new independent and non-partisan board which will oversee the new PDD.
“By making the Public Defender Department independent, this change will help buffer the public defense system from the politics that inevitably affect decision making by the executive branch,” said ACLU-NM Public Policy Director Steven Robert Allen. “This is why 42 states, today joined by New Mexico, provide for a Public Defender Department overseen by an independent, non-partisan board.”
The independent Public Defender Department amendment was endorsed by more than 100 public organizations, officials, judges, prosecutors, attorneys and community leaders across New Mexico, as well as the state’s three largest newspapers.
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Date
Monday, April 8, 2013 - 11:07amShow featured image
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