SANTA FE, N.M. (AP) – A federal judge on Thursday denied a bid to block rules governing new constitutional provisions in New Mexico on pretrial release.
Judge Robert Junell says those seeking to block the rules didn’t show they were likely to succeed on their claims.
Voters approved a measure in November that lets judges deny bail to defendants considered extremely dangerous and grants pretrial release to those who aren’t considered a threat but remain in jail because they can’t afford bail.
The Bail Bonds Association of New Mexico and five lawmakers claimed the rules modified statutory law without legislative approval and violated constitutional protections such as due process.
Artie Pepin, director of the Administrative Office of the Courts, says a ruling is expected soon on a request to dismiss the lawsuit challenging the rules.