Public defenders say high-profile violence skews the public narrative, while most youth cases involve lower-level offenses and informal handling

Damien Willis, Organ Mountain News

LAS CRUCES - New Mexico public defenders briefed reporters Friday on the basics of the state’s juvenile justice system, laying out key legal categories that determine whether a youth stays in Children’s Court or faces adult prosecution.

The session, hosted by the New Mexico Law Offices of the Public Defender, offered a defense-focused perspective that organizers said is often missing from public conversations dominated by law enforcement, prosecutors and elected officials pushing tougher policies.

Chief Public Defender Ben Baur said the public defender agency represents people charged with crimes who cannot afford an attorney, including youth accused of juvenile offenses. He said juvenile crime has become a frequent political issue in recent years and that the agency wanted to provide “a little bit of information from our viewpoint” to balance what he called the more common “tough on crime platforms.”

During the briefing, speakers repeatedly returned to three core labels that appear in court and legislative debates: JR, YO and SYO.

JR cases, short for juvenile referrals, are handled in Children’s Court under the Children’s Code. These cases cover delinquency matters that cannot result in an adult sentence, though speakers noted they can include some felony-level conduct under New Mexico law.

YO cases, short for youthful offender, sit in the middle tier. Jennifer Barela, the agency’s deputy chief, said those cases involve a list of offenses spelled out in state law and can lead to adult sanctions if prosecutors file notice seeking that outcome and a judge later determines the youth is not amenable to treatment in the juvenile system.

SYO cases, short for serious youthful offender, are the most serious and are filed in adult court, speakers said.

The labels matter because they shape charging decisions, detention and sentencing exposure. They also show up in case numbering, which reporters often use to track proceedings.

In Doña Ana County, supervising juvenile attorney Lindsey McDonell-Benatar said YO cases are assigned YR case numbers and SYO cases are assigned CR numbers, the same series used for adult criminal cases. That differs from some other parts of the state, speakers said.

Speakers also described how a case typically begins.

If law enforcement decides to charge a youth, a juvenile probation officer conducts a preliminary inquiry. For misdemeanor-level conduct, probation can handle the matter informally, offering services without sending the case to the district attorney. For felony allegations, Barela said the matter must be referred to the district attorney’s office, though probation still conducts the inquiry to understand the youth’s situation.

Speakers said detention decisions rely in part on a point-based risk assessment instrument. Dayna Jones, the district defender for Lincoln and Otero counties, said the tool was designed to be objective but has changed in recent years. Jones said the assessment is no longer evidence-based because cases involving firearms now result in an automatic detention recommendation.

Barela said Children’s Court timelines are designed to move cases quickly. She said youth in custody face far shorter deadlines than adults, while youth prosecuted in the adult system can sit in pretrial detention much longer.

The briefing also addressed competency, a legal standard that focuses on whether a person can understand the proceedings and assist in their own defense.

Barela said competency in the juvenile context often turns on whether a child can make independent legal decisions, such as whether to accept a plea deal or go to trial. She said very young children may not be competent even without a diagnosed mental disability.

If a youth is found incompetent, the case can be stayed and later reviewed, speakers said. The group also said New Mexico lacks dedicated juvenile competency restoration programs.

The session included a discussion of common pitfalls in juvenile crime coverage.

Baur said one frequent mistake is allowing extreme cases to stand in for the broader system. He said most juvenile cases involve lower-level conduct, not homicide.

Another problem, Baur said, is treating youth as if they are adults and leaving out context that may help explain why a child enters the justice system, including trauma, instability and failures in education or social supports.

Jones and Barela also said proposals focused on adult prosecution and incarceration risk missing the core problem: limited treatment capacity. Speakers said New Mexico lacks key resources, including some types of residential treatment.

McDonell-Benatar highlighted a diversion option available locally. She said Doña Ana County’s Youth Development and Diversion Program, previously known as the juvenile citation program, provides classes, life-skills support, community service and referrals to services for lower-level cases.

The session ended with public defender staff encouraging reporters to ask for data and context, particularly when covering policy proposals that would shift youth into more severe categories.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.