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El Paso Matters – Meet the El Paso district attorney candidates in Democratic Primary

Posted on February 15, 2024

The District Attorney prosecutes state cases in Culberson, El Paso and Hudspeth counties, which are within the 34th Judicial District. This office also administers the Victim Assistance Program for victims of misdemeanor, felony and juvenile crimes. The office has an approximate $21 million budget and 175 employees. The DA serves a four-year term and is paid $198,000 a year.

Who’s running for this seat?

Nancy Casas

Nancy Casas, 49, is an assistant County Attorney and former assistant District Attorney.

Alma Trejo

Alma Trejo, 59, a Democrat, is a lawyer and a retired County Criminal Court at Law judge.

James Montoya

James Montoya, 33, a Democrat, is a current public defender and a former assistant district attorney.

Candidate Questionnaires

Candidates were asked to limit their responses to 100 words. Responses have been lightly edited for grammar.

The El Paso Walmart shooter pleaded guilty in federal court and was sentenced to 90 life sentences. Is a trial in a district court still needed? Why or why not? And if so, what penalty would you seek?

Nancy Casas: Due to the Gag order imposed by Judge Medrano and my employment with the County Attorney’s office, I cannot discuss this case.

Alma Trejo: A trial in a state district court is still needed to bring closure to the victims and the city of El Paso. I have death penalty experience and will be seeking the death penalty. This case will not be tried in El Paso and will cost several million dollars to try it somewhere else. I would need to speak to the Walmart victims in order to decide what disposition best suits them. These victims have been waiting for justice since 2019 and deserve to have a say in the disposition of the case.

James Montoya: I intend to seek the death penalty against the Walmart shooter. This was the single-worst terrorist attack against Hispanics in the United States and it profoundly harmed our community – it was intended to cause terror and intimidation. Having spoken to many citizens during this election cycle and in 2020, I believe it is absolutely necessary that the shooter go to trial and have his punishment decided by a jury of El Pasoans.

Will you accept and prosecute cases brought to you that are based solely on suspected illegal entry into the U.S.? Why or why not?

Nancy Casas: This is a difficult issue that prosecutors deal with.  This new law may clash with community sentiments, put extra stress on the judicial and law enforcement systems, it will add costs to cities and counties and some community activists argue that it will lead to profiling of Hispanics. I intend to work with law enforcement so this law is enforced with equality, sensitivity, and professionalism. I am obligated and mandated to review the case and have to under state law to prosecute.

Alma Trejo: SB4 is being challenged in the courts for violating the U.S. Constitution. If the courts decide SB4 is constitutional,  a decision by the District Attorney’s Office and law enforcement agencies needs to be made based on the resources available which includes the number of officers, prosecutors, defense attorneys, staff and jail space.

James Montoya: The Constitution does not permit individual states to create or enforce their own set of immigration laws. Texas’ new statutes criminalizing illegal entry are virtually identical to state laws that were struck down as unconstitutional by the U.S. Supreme Court in 2012 in Arizona v. United States. Until the constitutionality of Texas’ statutes is ruled upon, I do not believe that state actors can or should enforce them.

What is the biggest challenge facing the DA’s office right now and how would you address it?

Nancy Casas: As you know the DA office has been in turmoil.  It will take time to bring the office back to what it once was.  Good prosecutors have left or were let go.  Institutional knowledge left with them.  I would assess the office and start from the ground up.  I would look at how we deal with law enforcement agencies.  I would gauge the strength of the prosecutors. I would make sure we treat victims of crimes with a gentle hand and make sure the community knows we will hold criminals accountable.

Alma Trejo: Since 2021, the DA’s office has had a shortage of prosecutors. The DA’s office has a backlog of 80 murder cases and 30 capital murder cases which can only be resolved when the office becomes fully staffed. We can address this problem by hiring part-time, temporary, contract prosecutors as well as entering into an agreement with the civil firms in which their associates try criminal cases (done in other cities). Since 2021, some courts are operating with only 1 ADA which means fewer hearings.

James Montoya: The DA’s Office has never fully recovered from Ms. Rosales’ mass terminations in 2021. Turnover and favoritism continue to plague the office and morale remains low. I regularly observe prosecutors to be overworked and undertrained, without guidance or support. To rectify the situation, I have a cadre of experienced felony lawyers – both prior prosecutors as well as outsiders with an entirely fresh perspective – who are ready, willing, and able to come to the DA’s under my leadership.

The DA’s office has a $20 million budget and more than 170 employees. What are your skills in managing an office of that size?

Nancy Casas: My experience in managing an office is to respect people and take advantage of their strengths and improve their weaknesses. I consider myself a team builder and that’s what I would bring to the office. There are certain elements in the office that already exist in making sure that an office with that many employees and that budget works well. Once there, I would have to evaluate everything  and make improvements to the office. I will empower my team to make decisions and recommendations.

Alma Trejo: I was elected by the El Paso Judiciary to serve as the Local Administrative Judge in 2015.  I ensured the budget ($8 million) submitted to commissioners court had resources for 40 courts (200 employees) to run as efficiently as possible. I also repaired the indigent defense system, made hiring and firing decisions, addressed staff grievances, implemented court practices, created a paperless system, created judicial metric dashboards and addressed case backlogs in addition to running my court.

James Montoya: The skills that I’ve honed as a trial attorney are the skills necessary to lead the DA’s Office – having an organized system of decision-making and delegation; being able to coordinate groups of professionals toward a common goal; being open to and engaged with new information and evidence. While I’ve served on several boards of organizations with medium-sized budgets and staff, I still fully plan to work with the County’s HR and budget professionals as any good leader would.

What should be the district attorney’s priority, being a prosecutor or being an administrator? Please explain.

Nancy Casas: The mandated responsibility of the DA is to prosecute crimes committed against society. To accomplish that though, a DA must also administer a budget, take care of its employees and make sure the office works effectively. The DA must create a team that focuses on the administration of the agency and one that focuses on the prosecution of criminals, the protection of victims and making sure the legal requirements of the law are followed. Both are extremely important for stability and integrity.

Alma Trejo: Both. The DA’s office needs an administrator to run El Paso’s largest law firm. The DA must evaluate its budget/human capital/equipment to ensure the office has the resources to work on the 100+ murder cases and other cases in the office. The DA, using managerial and trial experience must review its inventory (cases) in order to  set office priorities and best practices. If resources are needed, the DA must formulate a plan to obtain the needed financial resources to make our City safe again.

James Montoya: This question presents a false dichotomy of the role of the DA. Who the DA needs to be is a leader. A leader who understands how our community feels about criminal justice and public safety. A leader with substantive trial experience who has actually faced El Paso County juries. A leader with vision, who can build a team of prosecutors, support personnel, and law enforcement, craft and articulate clear guidance for that team to follow, and instill a culture of professionalism. I am that leader.

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The post Meet the El Paso district attorney candidates in Democratic Primary appeared first on El Paso Matters.

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