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NM: Sex offenders say New Mexico depriving them of due process

[lcsun-news.com – 11/11/19]

The question of whether sex offenders must register in New Mexico for crimes they committed in other states is making its way through the courts again.

Eight plaintiffs, each listed as “John Doe,” have filed a petition in U.S. District Court in New Mexico, alleging the state Department of Public Safety and five county sheriffs failed to provide them due process in determining whether their out-of-state offense is “equivalent” to a New Mexico crime that would require them to register in this state.

Albuquerque-based lawyers Susan Burgess-Farrell and Barrett G. Porter, and the nonprofit Liberty and Justice Coalition, filed the lawsuit in late October on behalf of the “John Does” who already have been required to register as sex offenders in New Mexico.

The petition says the sheriffs and the Department of Public Safety, which is responsible for operating and maintaining New Mexico’s sex offender registry, failed to set up a procedural due process to properly review their cases in a timely manner.

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Join the discussion

  1. Bill

    That’s awesome. Keep those lawsuits up!

    Keep chipping away at the Registry…

  2. AJ

    Huh. This may prove interesting, though I do cringe that it’s purely a Procedural Due Process suit. I can see the State parroting, “CT DPS!” to the court, and the court buying it. Then again, maybe things are continuing to swing our way and there will be some traction here. Color me pessimistic on this one.

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