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Concerns rise over Judge Cindy Leos' retention in New Mexico judicial elections

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Marina Herrera Director, Development and Communications | Rio Grande Foundation

Judge Cindy Leos is seeking retention for Division IX of the New Mexico 2nd Judicial District Court, which includes Albuquerque. To retain her position, she must secure at least 57% of the vote.

Several incidents have raised concerns among voters regarding her judicial decisions. According to KOB TV, Judge Leos released 19-year-old Jonathan Rosales after he was arrested with two others following a shooting incident. The judge cited insufficient evidence that Rosales fired the gun and noted his lack of criminal history as reasons for his release.

Another case reported by the Albuquerque Journal involved Arthur Ruiz, who was accused of sexually assaulting two minors and providing them with alcohol. Despite these allegations, Judge Leos denied a prosecutor’s request to hold Ruiz in jail pending trial.

KRQE Channel 13 reported on a third incident where Jerome Gutierrez, accused of killing his wife Kristy Rivera, was released due to a technicality in court proceedings. The state was ready to proceed with a hearing, but the defense requested a continuance. Judge Leos subsequently allowed Gutierrez's release.

The New Mexico Judicial Performance Evaluation Commission has also provided feedback on Judge Leos’ performance. They noted mixed scores compared to other judges in the same district. Specifically, attorneys and resource staff rated her lower for not always treating participants equally or displaying fairness and impartiality. Concerns were also raised about her conduct and its impact on respect for the courts.

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