The imperative is that judicial review cannot be simply denied. It is compelled, and must bear more than form. It must be rational and reasoned, It must be timely and address the state's interest in the removal and be taken into the totality of circumstances that are election administration and process.
The total HAVA funds received by New Mexico as reported to the Congress :
$ 19,279,790. ( report of Election Assistance Commission , July 24, 2008).
Role of the District Attorney
It is more than mere irony that this case provides for the removal of a candidate for District attorney in light of the concept of modern Federalism. The District attorney, in the most comfortable model of modern Federalism is within the State's compliment of constitutional officers. Under no manner is the District attorney an agent of the Federal government or any of its agencies.
The District Attorney is a representative of the State's traditional interest in sovereignty as they have been extended since the adoption of the Bill of Rights. Within the total structure of constitutional Federalism , the function of his office is constitutional , unique and one of the "seats"- of the State government.
Under new Mexico's constitution, the District attorney participates as "the chief legal officer' of the District of the state. Under the most comfortable model of federalism, the district attorney of the state's district has responsibility, along with other state officials, to assure the procedures and safeguards to Voting rights are paramount.
If there is a condition of fraud , one man attempting to vote twice or two men attempting to conspire in a manipulation of the vote, the District attorney dictated by custom and statute to prosecute the case that originates in his District. It is his obligation to perform within his solemn oath for a term of faithful service.
While the District attorney's responsibilities include prosecutions of the criminal offenses--hence, he is popularly considered "the chief law enforcement' officer-- the duties are far more than that. The District attorney is the "chief legal officer "-of the district. But the responsibilities are far more than that. They extend into the processes of the local administration of justice and the places where the rules of the Courts and issues begin.
Just as the responsibilities extend into the conduct of state elections they extend with authority and certain immunities to the promotion of justice. They extend with authority to provide for compliance and revisions of environmental and emergency procedures. The office can promote applications for grants and provision for their dedicated services in the relationship with the Federal government for modernization and to implement learned lessons in the administration of justice and other public safety concerns.
The office of district attorney of the First Judicial district of New Mexico in the most suitable position of all the slate of State officials to deal with significance the very working of justice in the state's courts. "The system in these courts in Santa Fe isn't about the ideals of defense for the accused, or the individual rights which are secured by the nation's Constitution and the State's Bill of Rights. Theirs is geared for the major majority of charged. If you do the crime, do the time. Plea it out and be done with it. "-.The state Court system is much worse than good intent gone awry. We are in the United States, defendants in the Magistrates Court entitled to "due process". That includes a procedural process that assures any and all individual from the throes of judicial tyranny.
In New Mexico, if one is charged with a misdemeanor, that includes a meaningful hearing with 60 days on two simple questions: 1) is he a danger to any person or the community? and 2) will he be likely to appear in Court? .
. Under Rule 5-401 A, the court MUST order the release of any person who is entitled to bail under Article II, Section §13 of the New Mexico Constitution, either on personal recognizance or upon execution of an unsecured appearance bond, unless the Court determines that such release will not reasonably assure the appearance of the accused or "will endanger the safety of any other person or the community." If the court makes such a determination, the rule permits the court to impose such conditions as "will reasonably assure the safety of any person and the community."
The New Mexico Constitution guarantees a defendant's right to be released on bond pending trial. N.M. Constitution, Article II, §13. The court may only deny bail in non-capital cases for up to sixty days after the defendant's incarceration, by an order entered within seven days of incarceration, and only in specified cases where the defendant, who is accused of a felony, has been previously convicted of felonies.
Specifically, if the defendant has been previously convicted of two or more felonies committed within New Mexico, neither of which arose from the same or a common transaction with the case for which the defendant is now before the court, the court may deny bail for sixty days.
Next Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
