James Montoya, candidate for El Paso District Attorney
Name: James Montoya
Age: 34
Party: Democrat
Occupation: Deputy Public Defender, El Paso County
Relevant Experience: After graduating from George Washington University Law School in Washington, D.C. in 2013, I immediately came home to El Paso and began working as an Assistant District Attorney. From 2014 to 2020, I was assigned to the Special Crimes Unit, which was responsible for prosecuting all homicides, major violent crime, and other complex or high-profile criminal cases. After unsuccessfully running for District Attorney in 2020, I served as an Assistant United States Attorney for the U.S. Department of Justice prosecuting violent felonies, including murders, sexual assaults, and robberies, occurring on Native American reservations in Oklahoma. Since 2022, I have served as a Deputy Public Defender for El Paso County, representing indigent members of our community accused of crimes. Over the course of my career, he has worked on well over 100 homicide cases and have personally tried over 65 jury trials, more than half of which were for murder or capital murder.
Personal: I am a sixth-generation El Pasoan, a graduate of Socorro ISD public schools, and an Eagle Scout. I have volunteered as a board member of the Horizon City Economic Development Corporation, El Paso County Emergency Services District #1, the City of El Paso Charter Advisory Committee, and the Yucca Council of the Boy Scouts of America. My partner Ameli and I proudly welcomed our first child, Thomas, in July.
Website: www.jamesmontoya.com
James Montoya is running for El Paso District Attorney. Here are his answers to KVIA's questions regarding his candidacy.
Patrick Crusius has been federally convicted of killing 23 people at the Cielo Vista Walmart in August 2019. He received a sentence of life in prison. If elected, would you try to get Crusius sent to death row on state charges?
I intend to seek the death penalty against the Walmart shooter. This was the single-worst hate crime against Hispanics in the United States and it grievously harmed our community. Having spoken to many citizens during this election cycle and in 2020, I believe it is necessary that the shooter go to trial and have his punishment decided by a jury of El Pasoans.
A new state rule allows law enforcement officers to criminally charge migrants who enter the U.S. illegally. How will you handle any cases that may arise from this rule?
A federal appeals court has ruled that SB4 – the state law authorizing state and local law enforcement officers to arrest and charge individuals suspected of illegally entering the State of Texas from Mexico – likely violates the U.S. Constitution because immigration matters have long been within the exclusive jurisdiction of the Federal government and that States are not allowed to conduct their own immigration enforcement. I believe that is the legally correct ruling and I am confident that the U.S. Supreme Court will agree.
What changes, if any, would you propose in the prosecution of minors accused of committing violent crimes?
The District Attorney does not generally have the authority to prosecute crimes committed by juvenile offenders. Under Texas law, crimes committed by minors younger than 17 fall within the exclusive jurisdiction of the El Paso County Attorney’s Office. Under very limited circumstances, a juvenile offender accused of a particularly heinous crime or with a especially serious criminal history can undergo a legal process called “certification,” wherein the juvenile is “certified” to stand trial as an adult and the prosecution is transferred to the DA’s Office. This is a process that requires extensive collaboration between the District Attorney and County Attorney as well as the approval of a state district judge. I will work closely with County Attorney Christina Sanchez and her team to ensure that repeat or violent juvenile offenders are held accountable in the appropriate justice system.
How will you handle repeat offenders struggling with mental health issues?
I intend to form a Mental Health Unit of specially trained prosecutors who will develop subject-matter expertise in mental health diagnoses and conditions so we can more effectively distinguish between offenders who pose a threat to public safety and those who do not. This Unit will work closely with the Mental Health Treatment Court currently being brought online by Judge Selina Solis of the 243rd District Court and will include a social worker who will assist prosecutors in identifying appropriate diversion avenues and available resources to assist offenders who have a genuine desire and ability to reform their behavior.
The DA’s office experienced a backlog during the pandemic. What steps will you take to ensure the office’s efficiency?
In 2024, it is no longer accurate to say the current backlog exists because of the COVID pandemic. Rather, there are simply are not enough prosecutors to capably handle the caseload as it stands. And to be clear, this is not for lack of resources. Positions exist; they simply aren’t filled. Although this began as a result of Ms. Rosales’ mass terminations in 2021, Mr. Hicks laissez faire approach to management has only worsened the personnel situation. Turnover in the Office continues unabated at unprecedented levels and morale is as low as its ever been. 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.
Should the district attorney focus on prosecuting cases or on administering those working in the DA’s office?
In my opinion, this question presents a false dichotomy of the role of the DA – the DA is the chief prosecutor and the focus needs to be on leading an office of prosecutors. That’s who the DA needs to be – 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.
Why are you the best candidate for this office?
I am the best candidate for District Attorney because I am the only candidate that has the experience, the team, and the plan to rebuild the DA’s Office in the long-term. As shocking as it may be, I have now heard from multiple DA’s employees that the morale within the Office is just as, if not worse, than it was under the turmoil of former DA Rosales and there exists a belief that the incumbent has excessively politicized the work of the Office. Having now worked for three different governmental law offices – the DA’s Office, a U.S. Attorney’s Office, and the Public Defender’s Office – I have seen firsthand what leadership styles and practices were effective and which were not. Ultimately, it comes down to the culture that is instilled from the leadership team and I am very proud of the diverse and experienced team that we have assembled.