Gerald Byers seeks second term as DA

Gerald Byers paused for nearly a minute to contemplate when asked what was the one thing he wanted voters to know about him.

The incumbent 3rd Judicial District Attorney faces five challengers. Each seek to unseat him. Each has made it clear that they’re running because they feel Byers fumbled his first term in the office. At debates and during interviews, the candidates have made their criticisms known. There’s a reason, they’ve said, half a dozen local attorneys want Byers out.

Then, finally, he answered. 

“A sacrificial commitment to justice,” Byers said. “Honesty, integrity, honor, truth, all that other kind of stuff. … That’s what all lawyers are supposed to be. But there's a difference whenever it comes to who has done it, and who would talk about it. I've done it. I could have been doing something else for the last 26 years of my life.”

Byers, a University of New Mexico law school graduate and Navy veteran, is one of four Democratic candidates running to be district attorney of the 3rd Judicial District. Anxiety around crime, concerns about dismissals, releases and repeat offenders, combined with questions about the fair execution of justice, make this race the most competitive of the 2024 primary season.

In all, six lawyers chose to run, including Byers, who is seeking a second term. After a judge disqualified one candidate for petition problems, the field shrank to four Democrats vying to take on Republican Michael Cain in November.

Byers, who won an unopposed election in 2020 to become the first Black man to be a district attorney in New Mexico, made his case for a second term in an interview with the Bulletin.

“I chose to do this,” he said. “And that's because of a fundamental respect for humanity. And that's why, when I hear about migrants and stash houses, I think back to that image of the slave ship, and people stuck in there like matchsticks. And how wonderful this country is that it focuses on the dignity of human beings. That's why I served my nation in the military. That's why I'm serving as a public servant now.”

Does the district attorney’s office have the power to affect societal issues?

Byers said some issues, such as climate change, were beyond the scope of the DA’s office.

“Since we're government officials, we’re limited to exercising any authority to that which has been given through the Constitution or by the statutory law,” Byers said.

Certain situations can arise, Byers said. But for the most part, the scope of the office should limit the officeholder’s power. But Byers also noted that, in issues around homelessness, it was important to appreciate the root causes and treat people with dignity and respect regardless of social position.

“Part of that is our victim advocate services … trying to facilitate means for them to participate in the process in a meaningful way,” Byers said. “So that might be one aspect where we could be involved to some degree.”

The district attorney's office has struggled to retain attorneys in recent years. How would you address this problem?

The district attorney’s office has experienced turnover at a high rate for most of the last two terms.

The causes are many. As Byers has pointed out, the office cannot compete with salaries at large private firms and the district fishes from the same pool of lawyers as other district attorneys’ offices in New Mexico. But challengers have also maligned Byers’ leadership. They say that he’s driven people out.

“First, let me start off by saying that the DA’s office is the best place in the state for new and experienced attorneys to do their best work and to support the public,” Byers said.

He pointed to factors that make the 3rd Judicial District unique. Its proximity to the border, the presence of New Mexico State University, military bases and interstate travel create unique circumstances for the practice of law.

As for recruitment and retention, Byers said his office advertises in multiple mediums and visits the University of New Mexico law school. The office also has paid internships. Byers said the office allows hires outside the state and hires attorneys on a contract basis.

“And we do all of these things that are innovative in order to maintain the staffing level. That’s essential to be able to get the work done. And we haven't skipped a beat on that at all,” he said.

 

Would you advocate for changes in the law at the state Legislature?

“The answer is, of course. And even better than that, we're doing it already,” he said.

New Mexico state law states that the role of the district attorney is to lead an office in prosecuting criminal cases in a specified area. But the experience of doing so provides the officeholder with unique experiences. A district attorney, in theory, could use that experience and the office’s resources to push for change in Santa Fe. 

Byers touted two examples of that work. First, he said he aided the legislature in amending a state law regarding organized crime. He said the changes include fixing a loophole in the law.

Second, Byers touted a recent partnership with U.S. Customs and Border Protection. If federal prosecutors declined to prosecute someone who crossed the border illegally or someone involved in smuggling people, a federal prosecutor will pass the case to the DA’s office. Byers said his office will investigate whether any state laws have been violated.

“The idea is to communicate to those people who would be smugglers that this area is not a good place to try to cross, for a number of reasons,” Byers said. “It’s paramount to get that message across, so that people don't get stranded in the desert and die.”

What role would your district attorney's office play in addressing homelessness in Las Cruces?

“As we mentioned before, that's an area that we cannot directly affect,” Byers said. “However, there is the opportunity to have a voice on issues of public importance.”

Byers said he was supportive of local permanent supportive housing efforts that helped people get off the streets. But Byers also wanted to draw a line between homelessness and criminality.

“One thing that I don't want to do is create the impression that just because a person is homeless that they are, therefore, a criminal. That's apples and oranges. Homelessness is a status, criminal conduct is behavior,” Byers said.

Would you appear in court to personally prosecute cases? Why or why not?

Byers said he’s no stranger to prosecuting cases. He noted his two decades in the role as proof. Still, he said he sees the job of district attorney as more of manager than an operator.

“The issue is providing leadership and guidance at the executive level, ensuring that the office as a whole has the tools and the resources and the mechanism and, most importantly, the ability to see the ultimate objective and transmit that to the attorneys and secure that objective,” Byers said.

Byers said he’s come to that point of view observing and learning from other prosecutors he’s worked under.

“Otherwise, I could turn it into a showboat situation where the spotlight is on me, and what good is that? The spotlight should be on justice,” he said.

Byers was the only candidate who did not commit to personally prosecuting cases.

How would you maintain contact with your constituents during your term?

Byers said that, if reelected, he’d work to maintain a website and social media presence to communicate with the public. He also said his office would be represented at events like National Night Out, a first responder appreciation event.

Otherwise, Byers answered the questions by espousing the role of prosecutors as unsung heroes.

“When it comes to the criminal justice system, there's a prosecutor who goes into the court and secures that victory, vindicating justice for victims,” he said.

During his term, his office has relied on news releases to inform the media of convictions. The news releases almost exclusively tout either plea deals or jury convictions but are often absent in cases with less favorable outcomes. However, the office does employ a spokesperson who responds to media inquiries.