NM attorney general files writ vs. judge in teacher sex offender case
EL PASO, Texas (KTSM) — New Mexico Attorney General Raul Torrez has filed a petition for writ against a Las Cruces District Court judge in a case involving a Las Cruces High School teacher who pleaded guilty to sexually assaulting one of his female students.
Torrez made the announcement on Friday, May 10 during a news conference in Las Cruces.
Torrez said he has filed a petition for writ with the New Mexico State Supreme Court against District Judge Douglas R. Driggers. What this means is the attorney general is asking the state’s highest court to review this case.
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The judge violated legal mandates governing probation for sex offenders, conditional discharge and the rights of victims given under the Victim of Crime Act, Torrez said.
Patrick Howard pleaded guilty to sexually assaulting one of his female students in 2018.
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He agreed to a five-year probation term in exchange for dismissal of the remaining charges and other considerations, according to Torrez’s office.
After serving less than three years of his probation, Howard asked the court to terminate the rest of his probation.
A hearing was scheduled and took place, but the victims were not notified and “their voices were not heard,” according to Torrez’s office.
“It is truly shocking that a convicted sex offender was released from supervision after having served barely half the time required by law and, what’s worse, the court made this decision without giving the victims in the case an opportunity to be heard,” Torrez said in a news release. “Victims have rights under New Mexico law, and I have a solemn obligation to defend those rights, even when they are violated by members of the judiciary.”
Torrez contends that New Mexico law requires a minimum of five years of supervised probation for sex offenders and provides “no exceptions for conditional discharge situations,” according to the news release issued by Torrez’s office.
Torrez also says the court’s action violated the victim’s rights under the New Mexico Constitution and the Victim of Crime Act.
“The decision to file a writ against the district court judge reflects our dedication to holding accountable those who fail to uphold their legal obligations,” the news release said.
We reached out to Driggers for comment. He said that under the judicial code of conduct, he is prohibited from commenting on an ongoing criminal case.
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