Efforts to Remove McKinley County DA Grow Stronger

Concerns Over Funding and Leadership in McKinley County

McKinley County’s District Attorney, Bernadine Martin, has raised significant concerns following the decision to defund her office under a $10.8 billion budget bill that was signed into law in April 2025. The move came amid allegations of low prosecution rates and excessive caseloads within the district attorney's office. These issues have sparked a broader debate about the effectiveness and capacity of the office to serve the community.

In July 2025, Martin made a request for $3.8 million in emergency funding at the State's Board of Finance meeting. However, her plea was denied by a vote of 3 to 1. This decision has left many questioning the state's commitment to supporting local law enforcement and justice initiatives.

Press Conference and Public Response

On Tuesday, August 8, 2025, Martin held a press conference at the Courthouse Square to address the ongoing challenges facing her office. During this event, she emphasized the need for support and resources to ensure the effective functioning of the district attorney's office. Despite her efforts, she faced opposition from various quarters, including local lawmakers and community members.

Democrat State Senator George Muñoz spoke out against the allegations of misconduct that have been directed at the McKinley County District Attorney's office over the years. He mentioned that two years ago, warnings were issued by public defenders, district attorneys, and the Supreme Court regarding the situation in McKinley County. Muñoz highlighted the difficulty of removing a district attorney, noting that it typically requires action from the governor or the attorney general.

Legal Expert Insights

During the press conference, Martin expressed her determination to continue running the district attorney's office. She acknowledged the challenging circumstances but emphasized that San Juan County cannot take over McKinley County. "I need your support to get this message through. It's not legal," she stated.

KOAT legal expert John Day provided further insight into the process of removing a district attorney from office. According to Day, the governor does not have direct authority to remove an elected official. Instead, the attorney general of New Mexico can file a court action to declare the district attorney negligent, incompetent, or engaged in corruption. There are several grounds for removal, including failure to fulfill duties, demanding or receiving legal fees without proper accounting, and gross incompetence or negligence.

Day also explained that there are other avenues for removal, such as through a citizen or grand jury situation. While the governor can appoint a district attorney if a vacancy occurs, the grounds for removal typically involve a conviction for a felony or a misdemeanor involving moral turpitude.

Ongoing Investigations and Responses

KOAT reached out to the San Juan County District Attorney's office for comments on the situation, but they have yet to respond. Similarly, the office of Governor Michelle Lujan Grisham and the New Mexico Department of Justice have not provided any statements regarding the recent developments.

As the situation continues to unfold, the community remains closely watching. The push to address the challenges facing the McKinley County District Attorney's office shows no signs of slowing down, with many calling for transparency, accountability, and effective leadership.

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