COMMUNITY, B1
Gallup Sun VOL V 10 | ISSUE 486
www.gallupsun.com
July 19, 2024 4
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Governor pushes for special legislative session PUBLIC SAFETY, COMPETENCY BILL A PRIMARY FOCUS By Molly Ann Howell Managing Editor
G
ov. Michelle Lujan Grisham stuck to an assertion she made April 17 — to call for a special legislative session to mull over public safety shortcomings and possibly pass bills that cover a range of issues from the competency of courtroom defendants to updates to the Racketeering act. The special session kicked off July 18, with no clear ending in sight as of press time. A sticking point for Lujan Grisham was the failure of Senate Bill 16 to make it to her desk during the 2024 regular session. SB 16 went to the Senate Committees Committee, where they made some revisions. It was then sent to the Senate Health and Public Affairs Committee. That committee marked the bill as “Do Not Pass,” and it died that day.
session is how the state defi nes competency. This is where the term “competency” can take on broad interpretations, such as correlating it directly with mental health issues . And New Mexico Law Offices of the Public Defender Social Worker Unit Director K.C. Quirk wants the public to know how complex the issue of a defendant’s competency can be in the courtroom setting.
McKinley County Sheriff James Maiorano III leading to repeat offenses for these individuals.” Maiorano said he sees the possible changes as something that could relieve law enforcement when it comes to those repeat offenders. A LANGUAGE BARRIER Another problem that can affect a person’s ability to understand court proceedings comes into play Rep. Patty Lundstrom, D-Gallup
See SPECIAL SESSION, Page A7
Gov. Michelle Lujan Grisham The bill stated that when a defendant, aka the person who is charged with a crime, has their competency questioned by a judge, a competency test must be ordered. Or, if both parties agree, the defendant can be ordered to a treatment program. SB 16 also stated that competency restoration programs would require the state to pay for mental health examinations of defendants. Lujan Grisham posted a statement on her website about the bill, explaining why she finds it appropriate. “Under current laws, individuals found not competent largely have charges against them dismissed and are simply given information about services,” she stated. “This approach is not effective, especially for those in crisis who need additional assistance in accepting treatment.” THE ISSUES WITH ‘COMPETENCY’ In a legal setting, competency is defi ned as a person’s ability to understand the nature of the charges and proceedings brought against them when they are charged/arrested for a crime. One of the main talking points slated for the
“The general public doesn’t spend their lives in mental health work. They hear the term competence, and they think mental health, when really the distinction for us is that competence is really about your ability to participate in court,” Quirk said. “Whether or not you can do that is not so much a matter of mental health as it is capacity, and your ability to function may or may not have anything to do with a mental health issue.” Meanwhile, in Rep. Patty Lundstrom eyes, the wheels of justice move fast and don’t allow for a defendant’s competency to be measured. She worries about the funding and whether Gallup can support such a measure. “There are defi nitions in state law now that dictate competency, and apparently what has happened is that if a judge decides that a person is not able to stand trial due to incompetence, they just go ahead and push the case out and it’s done,” Lundstrom said. “The problem with that of course is that there’s a big revolving door then with the same person coming through the system, and each time they come in front of a judge they’re deemed incompetent.” McKinley County Sheriff James Maiorano III shared how a judge labeling a defendant incompetent can affect his line of work. “Right now, Gallup Police Department has a few more cases than I do, but we’re both dealing with individuals who have 15 or 20 pending cases or cases where they’ve been declared incompetent to stand trial,” Maiorano said. “Then we can’t get restitution for victims, we can’t get prosecution, and the person’s not spending any time in jail. Therefore, that’s
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Many incompetency cases may come in front of judges at the McKinley County Courthouse if the new legislation is passed. File Photo
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