New Mexico
Some New Mexico attorneys stop taking public defense work due to ‘funding crisis’
This article was published by Source New Mexico. To read more visit sourcenm.org.
Private attorneys representing people who otherwise can’t afford a legal defense in federal courts in New Mexico are working for free because the public program that pays them — and private federal defenders across the country — ran out of money at the start of July.
In interviews this week, private defense attorneys told Source NM the lack of pay is especially urgent in Southern New Mexico because of the massive volume of cases being prosecuted by the U.S. government as part of President Donald Trump’s immigration agenda, specifically the newly created military buffer zone along New Mexico’s border with Mexico.
The funding crisis has raised concerns in the federal judiciary about providing adequate and legally mandated representation to defendants who can’t afford an attorney — approximately 90% of all defendants in federal court, according to a United States Courts news release on Tuesday. Federal defender organizations handle approximately 60% of such cases, while private attorneys who agree and are qualified to serve on a state-level Criminal Justice Act panel take on the rest.
Funding for those panels, however, ran out July 3, after Congress in March froze all judicial branch funding at last year’s levels as part of its continuing budget resolution.
In New Mexico, some private defense attorneys have stopped taking cases until funding resumes, Ryan Villa, the CJA panel representative for the District of New Mexico, told Source NM.
If more lawyers start turning down CJA appointments, then it is unclear who will represent those people, Villa said.
This places at risk the “fundamental right” of a person facing criminal charges “to effective counsel regardless of the defendant’s economic status,” Judge Amy St. Eve, chair of the national Judicial Conference’s Budget Committee, said in a statement.
St. Eve’s statement also notes that the attorneys won’t be paid until Oct. 1 “for the work they have done and for the work that we continue to ask them to do, unless the Judiciary receives supplemental funding from Congress before then.”
Cori Harbour, an El Paso-based attorney who also works as a private federal defender on the New Mexico CJA panel’s Las Cruces division, told Source she had to stop taking on new cases in the Western District of Texas, and has pivoted to find other kinds of legal work in order to pay her staff. She said next week, she will have to decide whether to continue taking cases in the District of New Mexico.
There are 73 lawyers on the Albuquerque division of the CJA panel in New Mexico, and 29 private attorneys who are on the CJA panel’s Las Cruces division, according to court records. There are approximately 12,000 CJA attorneys across the country, Villa said.
In addition to their own billing, defense attorneys also have to pay out experts such as paralegals, investigators, language interpreters, social workers, mitigation specialists and forensic psychologists.
Such experts have asked attorneys to delay their cases because they can’t sustain working trials without being paid, Villa said. Harbour confirmed her investigator has had to turn down unpaid CJA jobs and instead look for other income sources.
Moreover, the Las Cruces court has seen a surge of defendants being charged under the federal government’s new criminal trespassing laws for entering the so-called National Defense Area on New Mexico’s border.
Those additional military trespass charges come on top of the unlawful entry charges brought against migrants before the buffer zone existed, Harbour said, creating more work for the defense.
“The case numbers have been astronomical because they are prosecuting everything,” Harbour said. “There’s just no way for us to handle the number of cases that are coming in, and then to expect us to do it now without compensation is just a lot.”
Harbour said she has 71 open CJA cases, her largest caseload ever in her 20-year career. Almost all of her cases require an interpreter, usually for Spanish, she said, which is yet another expense no longer covered.
Federal public defenders can’t step in because they are already understaffed and overworked, and have been under a hiring freeze for 17 of the past 24 months because of tight budgets from Congress, according to the judiciary’s news release.
Margaret Katze, federal public defender for the District of New Mexico, told Source NM it is “more than unfair” to expect attorneys to work for almost three months without getting paid for that work.
“It is a terribly difficult situation,” Katze said in an emailed statement. “The federal defense function, one that is critical to the justice system, must be appropriately funded. People do this work because they believe that it is important that people accused of crimes in federal court, who cannot afford to hire attorneys, deserve equally strong representation.”
Austin Fisher is a journalist based in Santa Fe.
New Mexico
Playoff-Race closing: New Mexico United takes on Colorado Springs Switchbacks – New Mexico United
New Mexico United travels to Colorado Springs this Wednesday for a Western Conference showdown in the USL Championship playoff race.
The Black & Yellow currently sit fifth in the USL Championship, fighting for the postseason and will look to keep building momentum as the regular season winds down. With a few matches remaining, every point matters, and United will aim to deliver a strong midweek performance on the road.
Wednesday’s contest will be the third meeting between United and the Switchbacks FC this year. In their previous two encounters, United secured a home victory in June during the Jagermeister cup, and drew in the first encounter in June. This clash gives United a chance to claim the season series and strengthen their hold on a playoff spot.
Standout Performers: Archimède and Keller
Forward Luther Archimède continues to be a spark for United’s attack, bringing energy, pace, and aerial ability. His late equalizing goal against Monterey Bay highlighted his gift for delivering in clutch moments. The sixth man has contributed two goals in six games off the bench, proving his talent.
Defender Kipp Keller has been a rock at the back for United since arriving, with his calm composure, strength, and sharp defensive instincts. His leadership on the backline and ability to read the game have been crucial in keeping opponents on their toes. His presence will be needed to keep Colorado’s attackers in check.
Milestones in Sight: Tambakis
Goalkeeper Alex Tambakis is on the verge of making USL Championship history, needing just one more clean sheet to become the league’s all-time leader. After recording his 58th career shutout recently—tying the current record held by Evan Newton—Tambakis will have the opportunity to stand alone at the top when United takes the field Wednesday night in Colorado.
About Colorado Springs
The Switchbacks have fought their way into playoff contention with their mix of grit and attacking ability. On the Attacking side Marco Micaletto has been getting it done, leading the team in goals with six. On the back line, Matthew Mahoney provides a physical and clinical presence, leading the Switchbacks in almost every defensive category this season.
Looking Ahead
Following Wednesday’s trip to Colorado, New Mexico United return home hosting Lexington SC on Sunday at 4 PM MT. With the postseason right around the corner, the Black & Yellow remain focused on collecting crucial points and carrying the momentum into October.
Get tickets HERE
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