Opinion | To New Mexico legislators, public officials and McKinley County public

By Bernadine Martin

I write as the elected district attorney for McKinley County (11th Judicial District, Div. II).

The 11th Judicial District Attorney’s Office, Division II, budget was submitted to the House Appropriations Finance Committee (HAFC) on February 5, 2025, and to the Senate Finance Committee (SFC) on February 6, 2025.

On March 19, 2025, we were notified by the Department of Finance Administration that bill HB 2 SFC Substitute Budget was passed. The Div. II budget was reduced by $3,485,500 while $3,892,000 was added to 11th Judicial District Attorney, Div. I.

Div. I is San Juan County. The SFC Substitute Committee Amendment was “passed” on or about March 18, 2025, and it reflects $208,000 appropriated to Div. II. Div. II did not receive any notice that the budget would be manipulated and defunded as it was.

The consequence of these changes is that Div. II is completely defunded. If the funding “awarded” to Div. I is funding taken from Div. II, then effectively, Div. II will have no access to those funds to pay staff starting July l, 2025. Div. II’s Business Unit is 26500 and Div. I’s Business Unit is 26100. Div. II does not have access to Business Unit 26100 hence the office will shut down on June 30, 2025.

On March 19, 2025, between 12:40 p.m. and 4:04 p.m., Senator George Munoz addressed the HAFC and HB 2. Here is what Munoz said and my response to his statements:

l. DA Martin “has been called in by Judicial Standards Commission” is a false statement. The “JSC” has no reason to “call me in” as I am not a judge.

2. DA Martin has been called in by the “Supreme Court justices about what’s happening in NM” is a false statement. The statement is ludicrous. I have no authority about what occurs in the State of NM as to crimes.

3. “Everybody quit that office, left that office” and the DA “has no employees.” These are false statements. The 20-support staff that work in my office are dedicated and hard-working.

4. “Over 600 cases sitting there are not getting heard.” This is a false statement. Every office has cases “pending.” The number of cases moving through the criminal prosecution process is approximately 1,000 in McKinley County. In fact, it is the courts that “move” cases when they are scheduled, and we appear for the State and argue them.

5. “Consultation with community members.” If Munoz has held these meetings, I have never been invited. He should state when and where these meetings were held.

6. There’s “no other solution available.” This is misleading. There is no issue with prosecuting cases in McKinley County. I ask that you contact Chief Judge R. David Pederson. He sees the work of this office and it’s nothing like Munoz describes.

7. There’s “no way to remove [her] through the court process.” Munoz’s motive is showing. He wants me removed after I won the primary election (versus his candidate who he contributed to). My petition signatures were challenged by that opponent. After a hearing in the district court, the ruling was in my favor that I had enough signatures to be on the ballot. And then, that decision was appealed by that opponent. The Supreme Court affirmed the district court decision to allow me the honor to run for a second term. I received 57% of the vote in the primary election.

8. “Public defenders are leaving – they came to us for contract lawyers.” Contract attorneys are commonly used throughout the state. Recently, 3 public defenders (P.D.) left the P.D. office in Gallup. One moved to Albuquerque for personal reasons, another quit to work on becoming a contract defender, and the third went to work for the McKinley County District Court. The public defender office uses contract attorneys, too (the Gallup office has at least 4 contract public defenders that I see in court).

9. DA’s “not prosecuting, then cases get dismissed.” This is a false statement. Cases will get dismissed for insufficient evidence, the loss of a witness (or police officer which has been the case recently in Gallup) or where a victim chooses to not participate in the prosecution. Every case receives the attention needed to either go to trial or to enter into a plea agreement.

10. “Fortner (San Juan County DA) called [Munoz] for help.” This statement should be substantiated. It doubtful that DA Fortner has any interest in McKinley County. In fact, I don’t know any DA who should even cross the line into another jurisdiction they have no authority in. I asked DA Fortner if he was a party to the “coup,” he stated “[a]bsolutely not” and “I do not want your budget.”

11. DA Martin “never came to budget hearings in Santa Fe.” This is a false statement. I was at the February 6, 2025, SFC budget hearing. Munoz was absent.

12. Senator Pinto stated that this was a “drastic move.” She’s correct. The legislature should not make such a drastic decision without substantiation. Munoz is weaponizing the issue against DA Martin and he’s doing it purposeful and thereby will harm the community.

13. Senator Pinto asked, “what if she leaves?” I assure the public and the legislature that I am not leaving. I am honored to serve McKinley County.

14. Staff are “working overtime and not allowed to get paid overtime.” This is a false statement. No one is required to work overtime. Covered employees work pursuant to the Personnel Compensation Plan and as the DA, I’m obligated to comply with those rules.

Munoz is weaponizing the budget cuts which essentially defunds the McKinley County District Attorney’s office. The loss upon the community will be huge. At no time did Munoz ever discuss these issues with me. The only communication I have had with him is through the newspaper where I have responded to his falsehoods. See Gallup Independent on approximately November 14, 2024, and November 27, 2024.

I had intended to address the March 20, 2025, hearing comments made by Munoz but I am about out of time to get this writing published.
It is with great hope that the “powers that be” will undo the disservice imposed on the McKinley County public.

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