Endorsements

Budget Crisis: An exorbitant amount of money is spent on corrections at both the state and county level. In developing policies for charging and plea bargaining, would you consider the impact these choices have on both your counties and the state’s corrections budget? 

Norm Wheeler: Offers to resolve cases short of trial are made in virtually all cases before trial. Ultimately whether a case goes to trial or a plea agreement is reached is the decision of defense counsel and defendant. I have had cases where defendants are lawfully arrested with drugs in their pocket. In most instances a plea agreement is presented, however, I have had some of those cases go to trial. The ultimate issue is what is a reasonable resolution of the charges? In the United States defendants have a right to trial by jury and insisting on that right cannot be used against them at sentencing if they are found guilty by a jury. 

Of course cost is a consideration; however, what costs more? Repeat offenders or treatment? There are many options available under New Mexico law that do not result in a felony conviction. People with drug problems need treatment in order to avoid re-offending and increased costs to the community. There are currently programs, such as DARE, within the school system which provide some help. When elected District Attorney, I will involve my office with the community and schools at an earlier age with the intention to better develop awareness and alternatives to drug use. I believe all people need to be given a chance; however, there are certain people who also need to be held accountable for their actions, drug dealers for example. 

Drug Laws: Do you support creating an option to charge low-level drug possession as a misdemeanor rather than a felony? Why or why not? Would you publicly support a ballot initiative or legislation to create this option? 

Norm Wheeler: Many people in New Mexico who are charged with felonies are never convicted nor become a felon. Charging a crime as a misdemeanor rather than a felony reduces the amount of time to oversee treatment for an individual. Studies show that to address drug rehabilitation it takes a two-year program to be addressed effectively. This question focuses on the potential criminal record of the defendant rather than the treatment of an individual. Reducing something to a misdemeanor reduces the time available for the individual to be overseen to get treatment and reduces the likelihood of successful treatment. On a case-by-case basis, I support getting them treatment so they don't re-offend vs. reducing the charge to a misdemeanor. I would support my community in a ballot initiative or legislation to create this option.  I believe honest informed discussions and decisions are necessary for a healthy community.

Use of Force: As District Attorney, how would you handle a fatal use of force incident involving local police? 

Norm Wheeler: All incidents need to be investigated fairly and thoroughly. It is not appropriate to place any greater or lesser scrutiny on a suspect based on his/her position.

Juvenile Cases: What would your policy be regarding charging children in adult court? When would you use your authority to file charges in adult court and when would you pursue a case in juvenile court? 

Norm Wheeler: Most cases involving minors are dealt with through the juvenile system. Some offenses are so serious in the manner performed or result achieved that they need to be addressed through the adult system. The mechanism to do so is set forth in the existing New Mexico statutes. When elected District Attorney, I will involve my office within the community and schools at an earlier age to develop awareness and alternatives to inappropriate conduct. I believe all people need to be given a chance; however, to also be held accountable for their actions.

Immigrants: As DA, what would you do to develop a trusting relationship with the immigrant community in your county? 

Norm Wheeler: All people need to be treated compassionately; all need to be protected from harm. People need to understand their rights and safety will be protected. It comes back ultimately to building trust within the community. I have already begun and plan to continue meetings where the public are invited in to express their concerns and ask questions about matters of interest or things not understood. I plan to continue that practice to develop understanding, agreement, and direction to improve the community by working together.

Jails: People are in jails being held pretrial. What steps would you take to safely reduce the rate of pretrial incarceration in our county? 

Norm Wheeler: This has recently become a volatile topic in New Mexico since the recent amendment of the constitution. People should not be held simply because they can’t afford to pay bail. At the same time, the community needs to be protected. For a period of time Grant County had an effective pre-trial release program with gradations of monitoring of defendants on pretrial release. This varied from occasional reporting up to GPS monitoring with random UA testing. When a person violated the conditions of release a violation report was issued by pretrial services and a determination was made as to whether to reset the individual’s conditions of release. Depending on the severity of the violation a hearing was held and the defendant may or may not be detained pending trial. 

Recently this changed to focus on having the program merely attempting to ensure a defendant appears in court through a reminder system. Rarely are violation reports issued or hearings held regarding a defendant’s violation of conditions of release. What I see now is that it is not uncommon that when a case is ultimately adjudicated rather than having one pending charge, a defendant will have multiple charges pending because of repeated arrests and releases. Although there are many examples, one case that comes to mind is an individual who was arrested for attempting to steal more than $2000 in merchandise from a local merchant. He was released and within 24 hours arrested for the same offense, only to be released and arrested again. Does this make any sense? I have seen the same cycle with people and drug charges. 

I would advocate changing legislation in New Mexico to allow the dangerousness of an offense to be taken into consideration in pretrial release detention. This would protect both the community and reduce incarceration. The current system as it is being practiced does not work and changes need to be made. 

Rehabilitation/Prevention: What programs and policies would you implement as District Attorney to reduce crime and increase public safety in the county? 

Norm Wheeler: Felony cases in New Mexico are started either by a grand jury or through a preliminary hearing in Magistrate Court. We are fortunate in the Sixth Judicial District to have four conscientious magistrate judges to preside over the preliminary hearings. As part of their responsibilities, they review the “probable cause” statements on each felony case coming through their respective courtrooms. I have asked some of them as to their impressions as to how many felony cases coming through their courtrooms involve some sort of drug/substance abuse in the cases which they review. An answer that has been common is 85-90+%. Can you imagine how our community would change for the better if we could address this issue? 

My office has begun to foster a better relationship with and through Law Enforcement. We have been proactive with helping provide training. In addition, I would focus on getting the entire community involved in the issue. This can be addressed in part through regular ongoing interactions through my office, law enforcement and the community. People who have drug problems need help. People who are dealing drugs need to leave the community. Rather than simply complain, the community needs to step up and “stand for something” and become involved to address drug dealing in the community. 

Rehabilitation/Prevention: Do you support diversion and mentor programs for first-time offenders ages 18-25? If so, what would you do as District Attorney to promote such programs? 

Norm Wheeler: I fully support diversion programs for people of all ages. However, these programs take time and there has to be a reason for people who are addicted to drugs to participate in the program. This is typically done because participation in a program is preferable to a person rather than not participating. I believe there are glaring holes in the current diversion process, most glaring being before the problem arises and after a treatment program. We are fortunate in that there is a group of knowledgeable people who are currently also working on these issues. My office will be proactive in these issues assisting this group in addressing a resolution to current deficiencies in treatment. 

In Norm’s own words ... 

"I don’t profess to be a politician and never expected to run for office, but I believe that I have reached a time in my career where it is important to give back to the community," Wheeler said. "I do not believe the position of District Attorney should be a political position. Its function should be performed based on an aggressive, intelligent analysis of facts, which are then applied to the law; in the pursuit of justice."