Limit Judicial Immunity in Specific Cases Involving the Release of Violent Repeat Offenders

A.

The people of New Mexico find that judicial immunity and sovereign immunity must yield in limited circumstances to protect public safety and ensure accountability when reckless release decisions involving violent repeat offenders lead to further violent crimes.

B.

Notwithstanding any other provision of this Constitution, any statute, the common law doctrine of judicial immunity, or any other doctrine of absolute or qualified immunity, a victim of a violent crime, or the immediate family members of a deceased victim, shall have a direct and enforceable civil right of action for damages against:

1. Any judge or judicial officer of this state who, in the course of official duties, made a decision to release, grant bail, impose probation, suspend a sentence, or otherwise authorize the pretrial or post-conviction release of a defendant; and
2. Any governmental entity, public body, or arm of the court acting in concert with such judge or judicial officer.

C.

Explicit Waiver of Sovereign Immunity. The State of New Mexico, its political subdivisions, courts, agencies, and all governmental entities hereby expressly and irrevocably waive their sovereign immunity, governmental immunity, and any other form of immunity from suit and liability to the extent necessary to permit the civil actions authorized by this section. This waiver applies fully and without limitation in cases satisfying the conditions set forth in Subsection D of this section. No statute, including but not limited to the Tort Claims Act (Chapter 41, Article 4 NMSA 1978), shall be construed to limit, restrict, or override this constitutional waiver.

D.

Liability under this section shall arise only when all of the following conditions are met:

1. The defendant had a prior history of violent criminal convictions or adjudications, including but not limited to convictions for crimes involving the use or threatened use of force or violence against a person, as defined by statute;
2. Following the release decision, the defendant is alleged to have committed or was convicted of another violent crime that proximately resulted in death, serious bodily injury, or other compensable harm to the victim; and
3. The plaintiff alleges and proves by a preponderance of the evidence that the release decision was made with reckless disregard for the known risk posed by the defendant’s criminal history and the substantial likelihood of further violent conduct.

E.

For purposes of this section:

1. “Violent crime” means any felony offense involving the use or threatened use of physical force against another person, including but not limited to homicide, aggravated battery, sexual assault, robbery, kidnapping, or any attempt, conspiracy, or solicitation to commit such offenses, as defined by the laws of New Mexico;
2. “Judge or judicial officer” includes any elected or appointed judge, magistrate, or other officer exercising judicial authority under the laws of this state in matters of bail, pretrial release, sentencing, probation, or parole; and
3. “Governmental entity” includes the State of New Mexico, counties, municipalities, courts, or any agency or instrumentality thereof.

F.

This section shall not create liability for good-faith decisions made without reckless disregard. Nothing in this section shall limit the authority of the Supreme Court to discipline judges for violations of the Code of Judicial Conduct or other ethical standards. This section does not waive immunity for purely administrative or non-judicial acts.

G.

The Legislature shall enact implementing legislation to establish procedures for filing such actions, standards of proof, statutes of limitations, notice requirements, and reasonable limitations on damages or attorney fees, provided that such laws shall not render this section ineffective or unduly restrict the rights created herein. The remedies provided in this section are in addition to any other rights afforded to victims under this Constitution, including Article II, Section 24 (Victims’ Rights), and shall be liberally construed to promote public safety and judicial accountability."