Santa Fe, NM – Republican legislators sent a letter to the Supreme Court asking for a modification to the so-called 10-day rule which has resulted in violent criminals being released in Bernalillo County.
Local Rule 2-400, which went into effect in February of 2015, sets forth strict timelines for the disposition of criminal cases and imposes sanctions on the District Attorney and public defenders when deadlines are missed. With the implementation of these unreasonable deadlines, the District Attorney has had to dismiss hundreds of cases rather than face the sanctions required by the rule. While the charges can be refiled, the accused – many of whom have committed violent crimes – are released where they are a threat to commit further violent acts.
"We believe Rule LR2-400 NMRA was a well-intentioned effort to reduce overcrowding in New Mexico's jails, but we are concerned that it has led to a significant increase in charges against violent criminal defendants being dismissed and those violent offenders being released back on the streets," wrote the Republican legislators.