SANTA FE, NM (AP) – A proposed New Mexico Civil Rights Act that would allow legal claims for alleged violations of freedom of expression, religious freedom, and other constitutional rights to be brought before a state court is under mixed scrutiny.
The proposal was recommended by the state’s nine-member Civil Rights Commission, comprised of lawyers, judges and law enforcement officers. The group heard expert testimony on legal and law enforcement issues during a series of meetings that began with the creation of the commission in the summer.
The civil rights measure was first reviewed before a legislative body earlier this week, during which dissenting commissioners testified that the proposal would increase local governments’ insurance costs and result in law enforcement officers leaving New Mexico.
“There is no need to create a new state law,” said former Belen police chief Victor Rodriguez, who said the civil rights law would ultimately enrich lawyers but not fundamentally help victims.
But lawmakers, including Speaker of Parliament Brian Egolf, pushed back. The Santa Fe Democrat argued that government accountability for blatant misconduct or employee misconduct should trump cost concerns. He also pointed out that plaintiffs have yet to prove their cases before state judges.
The proposed law is expected to spark a controversial debate during the 60-day legislative term that begins in January.
Under a draft of the proposed Civil Rights Act, individual law enforcement officers and other types of officials would not be personally required to pay judicial damages. Instead, such damages would be paid by the agency or agency employing the defendant, as is currently customary under state law.
The New Mexico Association of Counties and some lawmakers have concerns about this provision, which results in more expensive insurance policies.
“The last thing we want to do here is pass a law that makes cities and counties uninsurable,” said Senator Joseph Cervantes of D-Las Cruces.
Former Chief Justice of the Supreme Court, Richard Bosson, chairman of the Civil Rights Commission, suggested that lawmakers set up a fund to offset increased costs for smaller towns and counties.
A provision prohibiting the use of qualified immunity as a legal defense could also be controversial.
Qualified immunity protects police officers and other government officials from lawsuits, except in cases where a plaintiff can demonstrate that officials have violated their established rights. This high legal threshold means that many cases are rejected.
The debate over qualified immunity and other police force issues intensified this summer after a number of incidents in New Mexico and across the country, including the death of George Floyd while in the care of Minneapolis police officers found.
In one report, a majority of the commissioners wrote that a New Mexico law to give victims of official misconduct an appeal under the state constitution is long overdue.
The four members of the dissenting commission said that the work of the group had been speeded up and that various alternatives were briefly summarized. These members included Rodriguez, Sheriff Kim Stewart from Doña Ana County, Republican Senator Steve Neville from Aztec, and new District Attorney Gerald Doers from Doña Ana County.
“There is nothing wrong with protecting everyone’s civil rights – certainly no one will agree,” said Neville. “The question is, how do we make sure we protect our institutions like small towns and small counties across the state that might be.” devastated by a bad lawsuit. “
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