Judge holds HSD secretary in contempt of court

A federal judge ordered New Mexico Human Services Department Secretary Brent Earnest held in contempt of court for failing to comply with orders in a long-running food aid case. The order from U.S. District Court Judge Kenneth Gonzales came down on Tuesday afternoon. The contempt order came in civil court. “It’s extremely rare for department […]

Judge holds HSD secretary in contempt of court

A federal judge ordered New Mexico Human Services Department Secretary Brent Earnest held in contempt of court for failing to comply with orders in a long-running food aid case.

The order from U.S. District Court Judge Kenneth Gonzales came down on Tuesday afternoon. The contempt order came in civil court.

“It’s extremely rare for department officials to be held in contempt by federal court,” Sovereign Hager of the Center on Law and Poverty explained. “It’s a very bad and serious thing, especially for low income people who need these programs to live. It is serious and is a huge consequence.”

The Center on Law and Poverty represents the plaintiffs in the lawsuit.

NM Political Report requested comment from an HSD spokesman Tuesday afternoon and Wednesday morning but received no response.

We will update this story and add any response from the department that we receive.

The contempt order applies to administrative and procedural failings in the department’s handling of food benefits applications.

Long-running case

The case itself dates back nearly 30 years.

In addition to the contempt order, earlier this year the court appointed a special master to oversee food and medical aid benefits programs at HSD. That special master will answer to the court, not to HSD, and will be tasked with bringing New Mexico’s benefits processing into compliance with federal law.

The special master will be paid for by HSD.

“The court has already appointed a special master and I think the meaning of the contempt order is the judge really showing HSD that he’s serious and that if they don’t come into compliance, the consequences in the future will be much, much greater,” Hager said. “He’s going through all the potential remedies.”

The judge found no evidence that Earnest “diligently attempted in a reasonable manner to comply with” the the federal court orders.

The court objected to all four objections by HSD to the judge’s findings, but Judge Gonzales wrote even if all four objections had been sustained, “there is more than sufficient evidence in the record to support a finding of contempt.”

Judge criticizes Earnest

The judge pointed out testimony where Earnest did not know about the expiration of a contract to put all language in notices about benefits at a sixth-grade reading level.

As NM Political Report reported from when Earnest testified:

Yohalem pressed Earnest to admit that HSD isn’t under contract with MAXIMUS. Earnest said he was not aware of the contract expiring and responded multiple times that the department would contract again with MAXIMUS if it had to.

“Secretary Earnest’s testimony is indicative of a general lack of awareness and managerial engagement over HSD,” the judge wrote.

The judge said this was “especially concerning” because Earnest removed Marilyn Martinez from per position as director of the department’s Income Support Division. Earnest testified he and Deputy Cabinet Secretary Sean Pearson would be more involved in that division.

“Secretary Earnest’s testimony suggests that he is not so involved,” Gonzales wrote.

The judge also noted while the department was unable to comply with the orders from the federal court that led to the contempt order, “HSD managed to develop entirely new notices and employee training, and promulgated new rules… that his Court found similarly failed to meet regulation requirements.”

These were new state work requirements for food stamps. Gonzales delayed the imposition of the requirements earlier this year—again as part of this nearly three-decade long lawsuit.

This is the same case, which NM Political Report has covered throughout the year, where HSD personnel were allegedly told by supervisors to add fake assets to some applicants for food aid through the Supplemental Nutrition Assistance Program so the applicant would no longer qualify for emergency food benefits.

Federal law requires emergency applications be processed within seven days. So by allegedly adding fake assets to the applications, HSD would have more time to evaluate the application.

Meanwhile, the practice would delay benefits to those who qualified and, worst case scenario, block benefits from those qualified to receive them.

Brent Earnest contempt of court order by New Mexico Political Report on Scribd

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
What consumers, farmers should know about the flu impacting dairy cows

What consumers, farmers should know about the flu impacting dairy cows

Migrating birds appear to have caused a virus in dairy cattle that is causing reduced milk production. So far, the disease, which initially started…
Republicans seek to limit national monument designations

Republicans seek to limit national monument designations

Republican-backed legislation in the U.S. Congress would make it harder for the government to designate new national monuments. The proposed Congressional Oversight of the…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

At stake in mifepristone case: Abortion, FDA’s authority, and return to 1873 obscenity law

Lawyers from the conservative Christian group that won the case to overturn Roe v. Wade are returning to the U.S. Supreme Court on Tuesday in pursuit…
Senators introduce legislation to aid abortion providers

Senators introduce legislation to aid abortion providers

Sen. Martin Heinrih and other Senate colleagues introduced abortion rights legislation into the U.S. Senate on Thursday. The Abortion Care Capacity Enhancement and Support…
New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid to cover cost of over-the-counter oral contraception

New Mexico Medicaid announced on Wednesday that it will cover the cost of Opill, the first oral contraception approved for over-the-counter use. It is…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…
San Juan County, Navajo Nation settle redistricting case

San Juan County, Navajo Nation settle redistricting case

The Navajo Nation and San Juan County reached an agreement Monday about commission districts after the tribe alleged that its members were not adequately…
MIT ranks NM elections most well-run in the U.S.

MIT ranks NM elections most well-run in the U.S.

New Mexico’s 2022 election was ranked most well-run in the country by Massachusetts Institute of Technology’s Election Data and Science Lab’s Elections Performance Index.…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Ex-GOP candidate allegedly hired people to kill witnesses in shootings of homes of Democratix politicians

Republican failed state house candidate Solomon Peña is facing more federal charges, this time on a murder-for-hire scheme.  Peña allegedly tried to hire two…
BLM announces final methane waste rule

BLM announces final methane waste rule

The federal Bureau of Land Management announced its final methane waste rule on Wednesday. These new regulations clamp down on the practice of venting…
U.S. Supreme Court hears case to restrict access to medication abortion

U.S. Supreme Court hears case to restrict access to medication abortion

The U.S. Supreme Court heard the case about the regulations around mifepristone, one of a two-step regime for abortion medication, on Tuesday. FDA v.…

GET INVOLVED

© 2023 New Mexico Political Report