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El Paso Election: Candidates for District Attorney for the 34th Judicial District

By Hudson Brooklyn
El Paso Election: Candidates for District Attorney for the 34th Judicial District

The district attorney prosecutes state cases in Culberson, El Paso and Hudspeth counties, which are part of the 34th Judicial District. This office also administers the Victim Assistance Program for victims of misdemeanors, felonies, and juvenile delinquency. The prosecutor’s term is four years and he is paid $198,000 per year.

Who is running for this seat?

Bill Hicks

Bill D. Hicks54, a Republican, is district attorney for the 34th Judicial District of Texas.

James Montoya

James Montoya34, a Democrat, is an assistant public defender in El Paso.

Candidate questionnaires

Candidates were asked to limit their answers to 100 words. Answers have been lightly edited for grammatical reasons.

What specific measures would you implement in the DA’s office to improve its management, efficiency and trustworthiness to the community?

Bill D. Hicks: I would like to hold regional town hall meetings. We established a town hall in Canutillo, but were unable to recruit other neighborhood associations to host a general town hall. I hope that after the election, in a less politically charged environment, we can schedule some town hall meetings in all three counties so that community members can interact with law enforcement leaders and the district attorney to improve our communications.

James Montoya: The main problem currently facing the DA’s office is the severe and persistent staffing shortage. Many people in the office report that morale in the office is just as low, if not lower, than it was under Yvonne Rosales. This has a direct impact on their ability to manage caseload and litigation work. To remedy the situation, more prosecutors need to be hired. I have a cadre of experienced attorneys who are ready, willing and able to come to the DA’s office under my leadership.

Would you support state laws decriminalizing marijuana? How would you prioritize such cases?

Bill D. Hicks: I believe that marijuana possession should still be regulated and criminalized, similar to alcohol, with possession under the age of 21 being illegal. I believe in a zero-tolerance policy for driving and driving under the influence because we have no accurate way to measure THC levels in the blood. I would continue to evaluate cases on a case-by-case basis, as we do now, prioritizing cases where marijuana is found in conjunction with another crime, such as possession of a firearm or drunk driving.

James Montoya: Yes. Most states, including New Mexico and Oklahoma, have now decriminalized marijuana to varying degrees. Their experience – as well as drug abuse research – has now shown that continued criminalization provides little or no benefit to public safety. While the decision to decriminalize rests with our legislature, our resources should be focused on methamphetamine, fentanyl and illicit substances that pose significant threats to the health and safety of our community.

How would you help strengthen the Domestic Violence Unit and the services it provides to the community?

Bill D. Hicks: I am very proud to announce that, through grants, I have rebuilt the DV department with two attorneys, two victim advocates, a paralegal and an investigator! We will announce hiring for these positions after October 1st as funding becomes available. Once people are in, we will re-implement the 24-hour contact program and the case assessment/screening program as quickly as possible. Counseling will be a higher priority than convictions, but I will have 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 disbanded the Domestic Violence Unit of the Public Prosecutor’s Office in 2021 and it does not exist to this day due to staff shortages. I will be rebuilding the unit with two experienced attorneys to ensure that repeat offenders receive the attention they deserve and that cases are handled consistently. I will seek funding to restore the “24 Hour Contact” program to meet victims of domestic violence within 24 hours of the crime and inform them of available resources and the court process.

Will you accept and prosecute cases based solely on suspicion of illegal entry into the United States? Why or why not? What priority would you give them?

Bill D. Hicks: There is currently no mechanism for government prosecution for illegal entry, so no. If your question relates to a hypothetical situation in which the relevant portions of SB-4 have been found to be constitutional, and taking into account the fact that no district attorney can declare that they will refuse to prosecute existing state law for political reasons , or If you are faced with an immediate removal action, then my answer is that I would consider each case on a case-by-case basis and take appropriate action.

James Montoya: The U.S. Constitution does not allow individual states to create or enforce their own immigration laws. Texas’ attempts to criminalize illegal entry as a state crime are virtually identical to state laws that were ruled unconstitutional by the U.S. Supreme Court in 2012 in Arizona v. United States. A federal appeals court has ruled that SB4 is likely unconstitutional and has banned state officials from enforcing SB4 while litigation is pending.

What needs to be done to advance the state’s case in the El Paso Walmart shooting case?

Bill D. Hicks: The judge must set a deadline by which all pretrial motions must be filed. Then begin filing pre-trial motions for hearings. The “Schedule Order” requires the judge to set a deadline by which all parties must submit their proposed jury questionnaire, followed by a date for the commencement of jury questioning. Remember, the judge controls the calendar. The state has declared “ready” and the state has no choice but to 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 publicly reported or expressed in open court. I recognize that the ongoing disclosure disputes between the prosecution and the defense team must be resolved with all urgency. I intend that the prosecutors currently working on the case will continue to do so.

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