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An Election Challenge Part III

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"- While Mr.Redhouse was released and all charges dismissed, which is the point of a habeas, there is a sadness in that silence that now is. We have knowledge that the magistrates Court employs an inferior public defender system. We witnessed arraignment processes over 100 days late. And that "the 60 day " bond requirement was either misinterpreted or ignored as an obligation by the magistrates Court.

The exactness may be better understood with an examination of the Courts calendar years rather than a single case which by now is a "given"- as an example of the badly broken system.

In 2002, the Santa Fe Magistrate Court had 843 misdemeanor cases filed. Based on the disposition codes entered by the Administrative Office of the Supreme Court, 29 resulted case trials.

In 2007, the number of misdemeanor cases had risen 1521, and the number of case trials had reduced to 8.

Of course there are several ways to interpret those figures; but the only reasonable conclusion that can be is that the "system"- is out of balance, lacking constitutional integrity. That conclusion becomes even clearer, with its underlying disparaging effect with some additional information.

The report shows while there were 8 trials of 1526 cases, and 5942 traffic cases, there were also issues 2452 bench warrants issued. For the most part, bench warrants are issued for failure to appear. The summarized jail time for sentencing and warrants in 2007 was 137,018 days. Fines and fees summarized $511,989. Community service and credits for jail time were summarized with negative figures, so those are not useful figures now to consider the consequence and effects. "-..

Certainly the figures are alarming. And that is the case without delving into profiles, racial, economic or age characteristics. What seems certain is less than constitutional integrity. The figures are alarming in comparison to findings of Court statistics nationwide related to "innocence"- whereby 94 % of accused are decidedly guilty without doubt, and more than reasonably so. To them I say"- Do the crime, you'll do the time"-.

But then there is the nebulas, the 6% who are not guilty beyond a shadow of a doubt. There seems a 99% certainty that they will face jail time. This despite constitutional protections and assurances, which are often obscured in misapplied practices.

--excerpt "Protecting the Quality of Life, Eliot Gould, First Judicial

Candidate, Sun News of Santa Fe , March 2003

It is a liberty right, the right to seek public office. It is an instilling thing to have a vision that justice be served equally for all, rather than the badly broken system that is. And as that vision be so denied, it need be corrected.

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www.eliotgould.com

Eliot Gould , 52, is currently active in New Mexico's political scene. A native of Chicago,and active in Chicago politics,Gould studied the Presidency at Center for the Study of the Presidency, with extensive writings upon Lincoln and Wilson.

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