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.
The Bureau of Land Management will begin selling Christmas tree permits in New Mexico on Nov. 24.
Permits will be available at the Farmington, Taos, Socorro and Rio Puerco field offices, as well as at the New Mexico State Office, according to a community announcement. The permits must be purchased before Dec. 24 and cost $5 per tree.
Permits and maps can be obtained over the counter at local BLM offices or, for some locations, online at https://forestproducts.blm.gov. If purchasing online, buyers must have access to a printer to print the permit and map.
When transporting a tree taken from BLM public land, the haul tag provided with the permit must be attached to the tree.
The BLM has developed georeferenced maps compatible with any georeferenced map mobile application. Those with a smartphone can download a map before heading out to harvest a tree by visiting the BLM website.
Before visiting a local BLM office to obtain a permit, it is recommended to call the office to confirm services and staff availability. The locations where permits may be available include:
- Rio Puerco Field Office, 100 Sun Ave., NE, Suite 330, Albuquerque, NM 87109, (505) 761-8700
- Socorro Field Office, 901 S. Old U.S. Hwy 85, Socorro, NM 87801, (575) 835-0412
- New Mexico State Office, 301 Dinosaur Trail, Santa Fe, NM 87508, (505) 954-2000
- Farmington Field Office, 6251 College Blvd, Farmington, NM 87402, (505) 564-7600
- Taos Field Office, 1024 Paseo del Pueblo Sur, Taos, NM 87571-5983, (575) 758-8851
For more information about Christmas tree permits, contact the local BLM office or the BLM New Mexico State Office at 505-954-2222.
This story was created by reporter Andy Dossett, ADossett@usatodayco.com, with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct.
New Mexico football coach Jason Eck has agreed to a five-year contract extension that will keep him with the Lobos until 2030, the school announced Sunday.
In his first regular season as head coach, Eck took the Lobos to a 9-3 record — the program’s best mark since 1982 and only the fourth time they have won nine games since 1997.
Eck’s new deal includes an increase in average salary to $1.75 million from $1.25 million, sources told ESPN. A former Wisconsin offensive lineman, Eck spent three seasons as head coach at Idaho where he went 26-13 before being hired by the Lobos last December.
New Mexico’s nine-win season and 6-2 record in the Mountain West earned them a tie for first place in the conference. But the conference’s tiebreaker (based on a composite average of nationally recognized metrics: Connelly SP+, ESPN SOR, KPI and SportSource rankings) determined that Boise State and UNLV would face each other in the title game.
If Eck can lead the Lobos to a bowl win, however, it will be the first 10-win season the program has had in 43 years.
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