Clockwise from top left: Jerry Gonzales, David Segura, Sam Sena, John Rysanek
If you've ever gotten a traffic ticket in Santa Fe County, been charged with marijuana possession or gone to jail for DWI, chances are you've interacted with the Magistrate Court.
This primary election, outsider Democratic candidates for two judgeships say they want to reshape the way the court runs.
Two bench seats are up for grabs in the June 5 contest, including the one filled by Judge David Segura, who has held the Division 1 seat since 2006. He faces former bail bondsman Jerry Gonzales. Former State Police Officer Sam Sena and Deputy District Attorney John Rysanek are competing for the Division 3 seat.
The court is generally split into a civil and a criminal division, based on Segura's guidance. Judge Donita Sena and outgoing Judge Donna Bevacqua-Young hear most misdemeanors, traffic violations and civil cases, while Segura and Judge George Anaya Jr. preside over domestic violence, DWI and felony preliminary hearings.
"I don't take time off after work," Segura tells SFR. "I go door-to-door [campaigning], unless I have a function to attend, [and] on the weekends it's the same thing. I'm meeting people every single day."
Segura, a former captain in the Santa Fe Police Department, describes himself as a proponent of restorative justice, which he sees as a remedy whose goal is to make the victim of a crime "whole" rather than punish a defendant who is found guilty.
He gives an example of a defendant who destroys a person's fence while committing petty larceny. A restorative justice approach to sentencing, he says, would include the defendant "[having] to repair and replace [the fence], in addition to other penalties."
Segura also organized the magistrate court's DWI drug court program in 2008. A legislative report released last October found the state saved money by sending adults who qualified to the programs instead of jail.
Segura says he tries to exhaust other options before incarceration.
"If they continue to reoffend and their criminal behavior increases, then the court takes a long hard look at a significant jail sentence at that point," he says.
Gonzales strikes a harsher tone. He points to his 26 years as a bail bondsman and part-time bounty hunter for bail-jumpers as qualifications. Gonzales' decision to run for magistrate judge came after his family's bail bonds business closed in response to a 2016 state law that got rid of bail for nonviolent defendants who weren't a flight risk.
I sat in the courtrooms day in and day out," Gonzales tells SFR. "Why would I walk away from something I understand?"
Gonzales also believes crime is "higher than it's ever been," though FBI statistics show otherwise: There were 111 recorded violent crimes in Santa Fe County in 2016, higher than 57 in 2014, but nearer to 94 and 95 in 2012 and 2010, respectively. However, data from the Santa Fe County sheriff's office shows burglary crimes fell by almost 40 percent over the last nine years.
But Gonzales is adamant there exists a "revolving door" for repeat offenders. He believes longer jail sentences are the answer.
Segura says he's "fairly certain" he won't be unseated. Yet, campaign finance records show he's being outspent.
Gonzales' campaign has raised a little over $13,000 to date, compared to Segura's $800. Gonzales has also outspent Segura: $5,961 to zero registered expenditures.
Rysanek and Sena, the two candidates competing for Bevacqua-Young's seat as she runs for a seat in the First Judicial District Court, are closer, with Rysanek reporting $2,787 and Sena $5,385. They have spent $2,737 and $4,843, respectively.
Rysanek, who once owned a web hosting and design business before completing law school and rising to the rank of deputy in the district attorney's office, describes himself as a "wonk" when it comes to judicial law and rules of procedure.
"I like rules and the intricacies of rules, and that's pretty much criminal justice in a nutshell," Rysanek says.
If he's elected, he would advocate for a shakeup to the current division of responsibilities. Rysanek says "everything should be randomly assigned to all four divisions."
A "progressive Democrat," Rysanek also describes himself as a proponent of restorative justice, and believes there is a "sweet spot" when it comes to reducing recidivism through incarceration.
"I don't think that putting people in jail for a long period of time is anything useful to society," he says. "We're basically paying to house someone and feed them, when they should be out in the community doing service or trying to find a job."
Sena, meanwhile, has been involved with the drug court program in the magistrate's court since 2009, first as a law enforcement representative and now as a community liaison. The former State Police officer says he's well versed in criminal and traffic code, and doesn't see a serious reason to change the division of duties in the court.
"I believe [the court] should be run in a teamwork format, and some judges might have a little better understanding in certain areas," he says. "As long as everyone's working together and working toward each other's strengths to maintain and keep efficiency."
Sena quit the force in July 2016, shortly after receiving notice that he'd likely be terminated for falsifying firearms qualification scores for fellow officers while he was an instructor for the Law Enforcement Academy, according to records obtained by the Albuquerque Journal.
Sena acknowledges he falsified the scores and made a "poor decision." But he believes the incident boosts his judgeship bona fides.
"One specific action does not define the entirety of a person," he says. "I think that does help me be a more effective judge—I've been there, I'm on that side, I understand that compassion."
Editor's note: A previous version of this story listed former City Councilor Ron Trujillo as a contributor to Jerry Gonzales' campaign. In fact, it's not the same Ron Trujillo. We regret this error.
