“The hearing [yesterday] morning was a very short one because [Assistant Attorney General] Jim Mitchell submitted a letter from…Faisao granting NMPASI access to [the juvenile detention unit]. [The judge] interpreted that letter to be a concession by the defendant that NMPASI is entitled to access the facility pursuant to federal statute,” NMPASI lawyer Matthew Holley said in an e-mail to the Variety.
Visiting Senior Judge WM. Fremming Nielsen said a draft order would be prepared yesterday for review by counsels, and should be finalized during another hearing today.
“Although I am pleased that NMPASI is now granted access to [Kagman juvenile center], I wish we could have resolved this a long time ago and without having to go to court,” Holley said.
“I look forward to working with the Office of the Attorney General and the juvenile facility. Now that we have access to the facility we have a responsibility to provide essential services to eligible children, and with this access we too should be held accountable for providing such services. NMPASI has a dedicated team of advocates and I know we are up to the task,” Holley went on to say.
Nielsen said DCCA will pay statutory costs.
NMPASI sued Faisao in his official capacity as administrator and official supervising the operations of the Kagman Juvenile Detention and Correctional Facility.
Holley said Faisao denied NMPASI access to its clients who are wards of the Kagman juvenile center.
NMPASI said Faisao and the AG’s office were “standing as an obstacle to services available for children with disabilities in the [Kagman juvenile] facility, showing a total disregard for their well-being.”
