Magistrate Court, La Clinica team up on criminal competency

The Doña Ana County Magistrate court, which handles most lower-level criminal cases, announced a partnership June 7 with a local mental health provider to connect some defendants with services.

La Clinica De Familia, a private, not-for-profit provider of physical and mental health in southern New Mexico, will offer support for people found not competent to stand trial, a new service that supporters say could reduce crime in the area.

"If they're found incompetent, their case is generally dismissed, especially if it's a misdemeanor, it will always be dismissed. And they're never connected to services, and we see them a few weeks later," New Mexico Supreme Court Justice Brianna Court Justice Zamora said during a presentation on June 7.

Competency emerged as a significant focus point following the killing of a Las Cruces Police Department officer in February. In the aftermath, LCPD Chief Jeremy Story highlighted competency issues as a necessary reform to protect police and public safety.

"Our officers see the same people every day. The judges see the same people every day or every week or every month," Story said. "This program, I think, is a huge step in the right direction."

According to Story, a handful of people in Las Cruces commit dozens of minor crimes like trespassing and vandalism, are found incompetent and continue to commit more crimes.

Competency and mental health in the courts

A bill that supporters said would have connected those found not competent to mental health services died during the 2024 legislative session. Opponents said the bill was underbaked and not well-conceived.

Competency will also be a priority at the 2024 special summer legislative session in July, according to several legislators.

Competency refers explicitly to defendants who do not possess the understanding to assist in their defense. When a person cannot determine where they are and what’s happening, they cannot be tried in a criminal court in New Mexico or anywhere else in the U.S.

While competency has its roots in some of the earliest legal texts in human history, the modern conception comes from a 1960 U.S. Supreme Court case called Dusky v. United States.

The process for determining competency is relatively simple.

Anyone in the court, but typically the defendant’s lawyer, will question competency. The standard process stops at that point so that a psychiatrist can evaluate the defendant.

If the psychiatrist finds the person is competent, the case continues as usual. If the psychiatrist finds the person is not competent, the case must be dismissed. In capital crimes like murder, the person is essentially imprisoned at New Mexico Behavioral Health Institute until competency is restored — at which point, the case against them can resume.

It’s difficult for the public to gather more information about how specific instances and questions of competency unfold.

Documents generated around competency questions and hearings to resolve them are closed to the public, an instance in which New Mexico courts prioritize privacy over transparency.

How will the program work?

Zamora said the program begins with a screening to determine whether defendants are “severely mentally ill” and whether competency issues have been raised in the past.

Then the person will receive an assessment before court staff connects them with counseling, treatment, and medication services. Zamora also said that it could include housing, food security and other basic needs.

After six months of this, the case can be dismissed—which would have happened regardless of whether they were found not competent.

“In my mind, each person, regardless of who they are or where they come from, has inherent worth,” Zamora said.

The program at the Doña Ana County Magistrate Court is a pilot program that Zamora said aims to spread across the state.