Republican Michael Cain pitches case for DA

Michael Cain, a Las Cruces defense attorney, said his strong sense of right and wrong would guide him as he led the district attorney’s office through the epic power the judicial system holds, if Doña Ana County voters elect him in November.

“Prosecutors, and judges in particular, have the ability to ruin people's lives if they are not competent,” Cain said. “By charging people who should not be charged, undercharging people who should be appropriately charged, and even overcharging can hurt your chances on the case.”

Cain is the lone Republican running to be district attorney. The winner of a four-way primary contest of Democratic nominees in June will face Cain in the Nov. 5 general election. 

Anxiety around crime, concerns about dismissals, releases, and repeat offenders, and questions about the fair execution of justice make this race the county’s most competitive of the 2024 primary season. 

Cain made his case to be the next DA in a recent interview. Here is how he responded to questions shaped by our readers, in response to surveys seeking to understand what our community wants to hear about from 2024 election candidates. (The Democratic candidates’ responses to these questions can be found in last week’s edition and online at LasCrucesBulletin.com.)

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

Focusing on homelessness, Cain said he’d like to see the office begin the process of creating a major diversionary program. He referenced a program in Miami that connects unhoused people charged with a crime to resources, including housing. 

In exchange for a conviction, Cain said defendants might be required “to enroll in serious, maybe even inpatient substance abuse counseling, mental health counseling, treatment, whatever. You've got to work with us.” 

Cain also said he’d like to see diversion into military service as an alternative to conviction. 

“I understand how important that can be to a young person,” Cain said, referencing his own military experiences.

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

Cain said he’s seen the turnover problem firsthand. 

“Half the time, I can't even learn their name before they're gone,” Cain said of prosecutors at the Third Judicial District. 

The district attorney’s office has experienced turnover at a high rate for some years. The causes are many. As incumbent DA Gerald 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 – including Cain – have also said the current administration has forced people out or failed to vigorously recruit replacements. According to Cain, there’s a pool of qualified attorneys still in the community willing to fill the role of the prosecutor’s office if change at the top occurs. 

“We have people who I would call career prosecutors. They're the ones that are there no matter who gets elected; they're just there to prosecute and go home. But they were the backbone of that office. He (Byers) doesn't have anybody like that. 

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

“The answer is absolutely yes,” Cain said. 

However, Cain did not discuss the matter in detail except to say that he felt bail reform had gone too far. In a previous question, Cain also discussed advocating for increased services around diversion programs. 

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

Again, Cain referenced his previous answer. 

To affect homelessness, Cain said he’d advocate for increasing diversionary programs that dangle a dismissal in front of defendants in exchange for attending mental health programs. 

He also said that improving the office’s efficiency – by creating clearer chains of command, for example – would allow faster processing. 

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

Cain said he would personally prosecute cases. 

“I will lead by example. It's what I do. I understand servant leadership. I will be in that courthouse. At minimum, the district court twice a week,” Cain said. 

Cain said that gives him the opportunity to not only lead by example but also learn where the holes are and how to support the prosecutors. 

He also said he’d go a step further and maintain regular contact with the district court judges. 

“I'm not going to be sitting up there in that office hiding under my desk; I'm going to be out on the move,” Cain said. 

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

“I intend to have either myself or my one of my chief deputies attend every single city council meeting and every single county commissioner meeting. And anything we see that needs to be addressed, from our perspective, we will be in there. I will be talking to the press,” Cain said. 

He added that he’d hold regular press conferences for various issues, such as crime statistics or high-profile trials.