Embattled McKinley County DA asks for emergency funding to keep her office running

Yahoo

6 days ago

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.
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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
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