New Mexico Supreme Court Chief Justice C. Shannon Bacon touted accessibility initiatives and called on lawmakers to weigh the fiscal and human impact of criminal justice reforms in her State of the Judiciary address to a joint session of the New Mexico legislature Tuesday. She also urged legislators to better fund the coequal branch of government.
The Chief Justice began her speech acknowledging her own humanity, admitting she鈥檇 accidentally worn mismatched shoes to the Roundhouse.
鈥淪o, for all of those people over the course of the last 24 hours who told me to break a leg, I know they meant it well,鈥� she said to laughs in the chamber.
She went on to recognize the humanity of New Mexicans who interact with the court system, facing barriers getting to court, securing a lawyer or getting a fair shake.
She lauded the ways remote hearings during the pandemic created lasting accessibility to the courts, which she said otherwise may have taken decades to make happen.
鈥淐OVID became the fuel for something new,鈥� she said. 鈥淎nd just as the phoenix rises from the ashes, the judiciary has risen to the administration of equal justice under law, rededicated to that principle.鈥�
She announced the metropolitan and 8th Judicial District courts will pilot a remote jury selection process this month, and that 鈥渏ustice stations鈥� are in the works, where rural New Mexicans without broadband access can attend court online.
Bacon also highlighted the equity work of the supreme court in establishing the to better meet the behavioral health needs of those who interact with the court system, and
鈥淭he commission鈥檚 goal is to give New Mexicans equitable access to the state鈥檚 justice system through training and education of judges and staff; conducting a review of case outcome data; creating a diverse pipeline to the judiciary; reviewing and reforming policies, procedures and jury instructions; and focusing on the courthouse experience for all litigants,鈥� she said.
She also highlighted work to meet the needs of people without legal representation in a state with a number of 鈥渓egal deserts,鈥� like Harding and De Baca counties, which she said have no practicing lawyers.
She asked lawmakers to continue funding for people of 鈥渕odest means,鈥� and touted the tens of thousands of people who accessed self-help centers at courts across the state.
鈥淲hen people have access to legal resources, they are empowered with the knowledge about their full rights and the legal process, giving them access to the justice that they deserve,鈥� she said.
A bill that would have kept more defendants behind bars awaiting trial . With lawmakers set to this year with the support of Gov. Michelle Lujan Grisham, Bacon also highlighted what she called the 鈥渉uman cost鈥� of criminal justice reform.
While acknowledging that violent crime can create fear and sorrow, Bacon reminded lawmakers of the rights of people accused of crimes, and the traumatic impact of incarceration on those wrongfully accused, citing where a 17-year-old was misidentified and arrested for murder in Albuquerque.
鈥淏alancing the rights of the accused but not yet convicted and the safety and security of the public is hard,鈥� she said. 鈥淎nd it should be hard. We鈥檙e talking about competing constitutional rights.鈥�
She told lawmakers that the reforms also have a high fiscal cost, calling not just for 鈥渁dequate,鈥� but 鈥渞obust鈥� funding to meet the demands of the justice system.
The Chief Justice concluded her address by calling on lawmakers to better fund the judicial branch and its partners, including public defenders, mental health providers, law enforcement and jails. She said she wants to see judicial staff paid as much as their executive branch peers, and for general fund dollars to replace court fees that help finance the judiciary.
鈥淭he elimination of fee funding is a national best practice, which promotes budget transparency and eliminates the unjust practice of paying for government functions on the backs of those who can least afford it," she said.
Bacon assured the joint session of the legislature that, with their help, the state鈥檚 judicial system will continue to evolve and adapt.
