15 hours ago
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.'
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