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 DA serves a four-year term and is paid $198,000 a year.
Who’s running for this seat?
Bill D. Hicks, 54, a Republican, is the district attorney for the 34th Judicial District of Texas.
James Montoya, 34, a Democrat, is a deputy public defender in El Paso.
Candidate Questionnaires
Candidates were asked to limit their responses to 100 words. Responses have been lightly edited for grammar.
What specific measures would you implement in the DA’s Office to improve its management, efficiency and trustworthiness with the community?
Bill D. Hicks: I would like to implement regional town hall meetings. We accomplished one town hall in Canutillo, but have been unable to get any other neighborhood associations interested in hosting a general town hall. I’m hoping that after the election, in a less politically charged environment, we can get some town hall meetings scheduled throughout the three counties so that community members can interact with law enforcement leaders and the district attorney to increase our communication.
James Montoya: The No. 1 issue facing the DA’s Office right now is the severe and persistent staffing shortage. Many individuals within the office report that morale in the office is as low, if not lower, than it was under Yvonne Rosales. This has a direct impact on their ability to handle the caseload and trial work. To rectify the situation, more prosecutors must be hired. I have a cadre of experienced lawyers who are ready, willing and able to come to the DA’s Office under my leadership.
Would you support state legislation aimed at decriminalizing marijuana? How would you prioritize such cases?
Bill D. Hicks: I believe that possession of marijuana should still be regulated and criminalized much as alcohol is with possession under the age of 21 being illegal. I believe in a zero tolerance policy for driving / operating under the influence as we have no accurate way to measure blood THC levels. I would continue to evaluate cases on a case-by-case basis, much as we do now, prioritizing cases where marijuana is found in combination with some other crime, like possession of a firearm or DWI.
James Montoya: Yes. A majority of the states, including New Mexico and Oklahoma have now decriminalized marijuana to varying degrees. Their experience — as well as substance abuse research — has now shown that there is little to no benefit to public safety by continued criminalization. While the decision to decriminalize rests with our Legislature, our resources should be focused on methamphetamine, fentanyl and illicit substances that present significant dangers to the health and safety of our community.
How would you help strengthen the domestic violence unit and the services it offers the community?
Bill D. Hicks: I am very proud to announce that, through grant funding, I have re-established the DV unit with two attorneys, two victim advocates, a paralegal and one investigator! We will advertise to begin hiring into these positions after Oct. 1 when the funding is available. Once the people are in place, we will re-implement the 24-hour contact program and case evaluation/screening program asap. There will be a higher priority on counseling than convictions, but I will get this DV unit back up and running before the end of the year, despite the Commissioners Court refusing to fund it.
James Montoya: Yvonne Rosales dismantled the DA’s domestic violence unit in 2021 and, to this day, it still does not exist as a result of the staffing shortage. I will re-establish the unit with two experienced lawyers to ensure that repeat offenders receive the attention they deserve and that cases are handled uniformly. I will seek funding to re-establish the “24-hour contact” program to meet with and advise victims of domestic violence of available resources and the court process within 24 hours of the offense.
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? What priority would you give them?
Bill D. Hicks: Currently, there is no mechanism for state prosecution based on illegal entry, so no. If your question is on a hypothetical situation where the relevant parts of SB-4 have been found constitutional, and taking into consideration that no district attorney can state that they will, as a matter of policy, refuse to prosecute any standing state law, or face an immediate removal action, then my answer is that I would review each case on a case-by-case basis and take the appropriate action.
James Montoya: The U.S. Constitution does not permit individual states to create or enforce their own set of immigration laws. Texas’ attempts to criminalize illegal entry as a state crime 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. A federal appellate court has ruled that SB4 is likely unconstitutional and has prohibited state officers from enforcing SB4 while the litigation remains pending.
What needs to be done to advance the state’s case in the El Paso Walmart shooting?
Bill D. Hicks: The judge needs to set a deadline date for all pre-trial motions to be filed by; then start setting those pre-trial motions for hearings. In the “scheduling order,” the judge needs to set a deadline date for all parties to submit their proposed jury questionnaire, followed by a date to start jury questioning. Remember, the judge controls the calendar. The state has announced “ready” and there is nothing more that the state can do but show up and “be ready.”
James Montoya: Since I am not currently in the DA’s Office, I am not privy to the internal status or management of the case and my understanding is limited to what is reported publicly or stated in open court. It is clear to me that the ongoing discovery disputes between the DA’s Office and the defense team must be resolved with all haste. I intend for the current prosecutors working on the case will continue to do so.
The post Q&A: El Paso district attorney candidates in Nov. 5 general election appeared first on El Paso Matters.
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