12 Ways Offered to Cut Dismissals

By Jeff Proctor
Journal Staff Writer

Two years ago, officials including Gov. Bill Richardson and state Supreme Court Justice Richard Bosson convened a summit aimed at reducing the "embarrassing" 33 percent dismissal rate for DWI cases at Metropolitan Court.
Everyone agreed that an unbiased study was needed.
On Tuesday, Richard Van Duizend, project consultant for the National Center for State Courts, presented his findings.
Van Duizend said his initial impression of the way Metro Court does business was "way out of line" with the way most jurisdictions handle drunken-driving cases.
He said that, in most courts nationwide, the majority of cases end in a plea deal. Trials are the next most common disposition, and dismissals are "very rare."
At Metro Court, dismissals outnumber trials.
Here are the 12 recommendations the study makes:
For courts:

Metro Court should provide room inside the courthouse from 8 a.m. to 6 p.m. for witness interviews.

The court should publish lists for cases continued because attorneys weren't prepared for trial; cases in which the defendant fails to appear; cases dismissed because a police officer failed to appear for pretrial interviews or trial.

Metro Court should request the state Supreme Court change the rule governing pretrial interviews "to bring the court in line with other state courts' procedures."

Metro Court should establish and enforce strict limits on continuances.
For law enforcement:

Law enforcement should emphasize and enforce the importance of showing up for court appearances.

APD and the Bernalillo County Sheriff's Office should increase staff for scheduling officer hearings.

Both agencies should have a liaison officer at Metro Court.

APD should train or retrain officers to do field sobriety tests so they don't have to call a DWI Unit officer. Schedules for DWI Unit officers should reflect pretrial and court appearances, and the department should increase the DWI Unit "as necessary."
For prosecutors:

The District Attorney's Office should remind officers about court dates. Prosecutors should notify police supervisors when an officer doesn't show up for court.

Prosecutors should encourage defendants who wish to plead guilty to do so before trial.
For Motor Vehicle Division and the Albuquerque City Attorney's Office:

Request a legislative change so police reports— not officers' physical presence— is all that is required for vehicle forfeiture and license revocation hearings.

All agencies involved in adjudicating DWIs should share a scheduling system that allows officials to track cases, determine which officers are set to appear and when their preferred court days are. Defense attorneys also should be able to read the program.