New Mexico lawyers spar over criminal diversion program

ALBUQUERQUE, N.M. (AP) — The top prosecutor in New Mexico’s busiest judicial district says a program aimed at steering low-level offenders away from criminal prosecution remains underused despite a big rise in participation last year. District Attorney Raúl Torrez tells the Albuquerque Journal that defendants represented by public defenders don’t accept enough offers from his office to participate in the pre-prosecution diversion program. But public defenders say they’ve accepted more offers since the district attorney started removing barriers to participation. Data from the district attorney’s office shows defendants represented by public defenders accepted 29% of pre-prosecution diversion offers in November and 23% in December.