NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
First Steps for State Sentencing Reform

In Part II of the discussion on Race and Collateral Consequences, we explore how the use of “moral character” clauses, like those used in state bar licensing, can prevent individuals with convictions from participating in the legal profession. We also discuss a range of restrictions to entrepreneurial ventures that people with criminal convictions face that range from limiting a person’s ability to access capital through loans to barring participation in the legal, regulated cannabis industry.

In celebration of Second Chance Month in April, NACDL hosts the first of two discussions on race and collateral consequences. Panelists discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system.

The undersigned organizations are committed to expanding voting rights to all citizens including people with felony convictions completing their sentences both inside and outside of incarceration. We applaud the introduction of New Mexico’s voting rights act, HB4, which, amongst other things, would end New Mexico’s practice of disenfranchising people on probation and parole. We urge passage of this measure. We also encourage the New Mexico legislature to go further and guarantee the right to all citizens regardless of their incarceration status.

Brief of Amici Curiae National Association of Criminal Defense Lawyers and New Mexico Criminal Defense Lawyers Association in Support of Petition of State Ex Rel. Baur for Writ of Superintending Control.

Argument: The excessive caseloads imposed on public defenders in Lea County raise problems of constitutional proportions. Because of the essential part that lawyers play in the fair administration of justice, the right to counsel attaches as soon as criminal proceedings are initiated and applies at any subsequence “critical stage” of the proceedings. The Sixth Amendment may be violated not only where counsel is entirely absent as such a critical stage, but also where counsel is appointed under circumstances that make it impossible for counsel to provide true effective assistance. Thus, excessive workloads may have the direct effect of depriving indigent criminal defendants of their rights under the U.S. Constitution. New Mexico is by no means the only state facing such a crisis in its treatment of indigent criminal defendants. New Mexico is not the only state facing such a crisis and other states have taken up claims similar to those raised by Petitioner here. Lack of funding for public defense and overwhelming caseloads have converged to create a constitutional crisis in which the citizens of New Mexico often receive the right to counsel in name only. This Court has the ability to impose administrative remedies that may help to address the problems outlined in the petition.

NACDL collaborated with the New Mexico Criminal Defense Lawyers Association (NMCDLA) and other partners to successfully oppose legislation that would have expanded the scope of New Mexico’s “three strikes” law.

NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.

Abortion remains legal in New Mexico at all stages of pregnancy.  New Mexico does not require parental notification or consent for minor patients, nor impose a waiting period, limits on public funding to support abortion, or method bans.

See the various issues on which NACDL has conducted criminal justice advocacy in New Mexico. Scroll to the bottom of the page to see active legislation in New Mexico that NACDL is tracking.

NACDL supports efforts to alleviate the collateral consequences of criminal legal system involvement by eliminating barriers to attaining occupational licenses.

NACDL is working with partners to end habitual offender sentencing enhancements in New Mexico.

NACDL successfully advocated for the passage of expungement legislation in New Mexico.

NACDL Letter to New Mexico Governor in support of HB 370, the "Criminal Record Expungement Act."

Policies and rulings on lengthy imprisonment terms in New Mexico.

Executive Director Norman Reimer's letter to the New Mexico State Senate Finance Committee regarding a proposal to expand the offenses that would trigger mandatory life sentences under the state's three strikes law (HB 56, 2016).