Today I see ABC posting a story about legislative repeal of the New Mexico bail rules. Look at that! Twenty three shares, and eighteen likes and loves! Can it be?
Guess what? The legislation is a memorial -- defined in New Mexico as a formal expression of legislative desire. That means it can't repeal anything. In fact, that's the way it works in New Mexico with bail. Court rules trump statutes. So this bill is just a statement by legislators about some rules that the bail industry doesn't like. It's like getting a bill to congratulate your grandmother on her 100th birthday. Nice sentiment, but it won't stop her from turning 101.
Before you believe that ABC is working hard to help repeal these rules, realize that it was ABC that didn't even know New Mexico was a "court rules" state to begin with. That's right. Your bail experts over at ABC didn't know it. That's why it trumpeted the "historic compromise" of the constitutional amendment. It tries now to act like it knew all along, but it didn't.
New Mexico was, quite possibly, the biggest mistake ABC has made to date -- and it made that mistake because it didn't know enough about bail. This is what happens when you let insurance companies run the strategy. So of course ABC will do whatever it can to make it look like it's doing something about New Mexico. But just ask anyone -- they flubbed it.
These rules aren't going anywhere. That's because if you want to lock up dangerous criminals, you can do it easier with the rules than with money.
And, really, you all need to start paying attention. Like, you better get ready for what's going to happen in the 5th Circuit.
