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Malpractice bill exposed willful ignorance

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Sherry Robinson
All She Wrote

Sen. Joe Cervantes was litigating House Bill 99, the medical malpractice reform bill, on the Senate floor, and he had plenty to say.

Two days earlier, Cervantes, a trial lawyer and Las Cruces Democrat, had defanged HB 99 with amendments in the Senate Judiciary Committee, which he chairs. Now, in a floor fight, he was grilling Sen. Crystal Brantley, R-Elephant Butte, who was trying to strip the Cervantes amendments and restore HB 99 to its original language. Cervantes droned on about legal points in what Brantley, who is not a lawyer, characterized as “a back-and-forth, condescending debate.”

Cervantes said, “I don’t mean to embarrass you.”

Brantley responded: “You can’t embarrass me. I represent seven rural counties that don’t have good access to healthcare.”

HB 99, by Rep. Christine Chandler, D-Los Alamos, attempts to right a wrong by reforming a medical malpractice law passed in 2021 that has spiked doctors’ insurance premiums, multiplied malpractice lawsuits, amped up awards and settlements, and driven doctors from the state. With no limit on punitive damages, New Mexico has enriched trial lawyers as it threatens doctors with financial ruin.

Brantley’s amendment prevailed 25 to 17 with all the Republicans and a handful of Democrats voting in favor. The bill itself passed 40 to 2, and the governor has promised to sign.

It’s a victory for doctors and patients, but it came perilously close to failing. Democrats who opposed the bill tried repeatedly to ambush it. The most strident were Cervantes and his fellow trial lawyers Sen. Katy Duhigg, D-Albuquerque, and Senate Majority Leader Peter Wirth of Santa Fe.

HB 99 not only exposed a lot of willful ignorance right up to the final vote, it spotlighted conflicts of interest.

Throughout the process, journalists have pointed out that Cervantes, Duhigg and Wirth make money suing doctors, but legislators were curiously silent on this conflict of interest.

Recently, Ed Williams of Searchlight New Mexico reported that Wirth had introduced House Bill 35 to fund an additional judge in the First Judicial District, where wrongful death and medical malpractice cases have proliferated in the last five years, according to a bill analysis. Many of the cases originate outside Santa Fe, but lawyers are venue shopping for a court more likely to award big judgements. Lawyers can receive up to 40% of a verdict or settlement.

Wirth has been working with Cervantes to bring wrongful death cases in Santa Fe, Williams wrote. “In other words, the senator who introduced a measure to help clear more cases through the First Judicial District is himself contributing to the extra lawsuits making that bill necessary.”

On the Senate floor, Wirth said it was “preposterous” that he could benefit from the bill. He represents estates and is paid hourly regardless of outcome – unless the malpractice bill discourages the number of cases.

After that story ran in The Santa Fe New Mexican, readers were outraged.

Ouida MacGregor, a former Santa Fe city councilor, berated Wirth, Cervantes and Duhigg for mixing business and legislation and for killing malpractice reform last year. “In my opinion, Wirth and Cervantes have tarnished the legislative process, the legal profession and bamboozled the voters who believed they were honorable. Both men should resign.”

Columnist Milan Simonich wrote: “Both senators should have excused themselves from every debate and all votes on a bill to cap punitive damages that juries can award in malpractice cases… Between the two of them, leadership was nowhere to be found.”

He called for their resignations and said the Senate should choose new leaders.

Wirth’s courthouse bill died, but the controversy prompted the New Mexico Ethics Commission to opine that there is no legal basis to keep attorneys from voting on bills that affect their law practice. It’s up to the Senate and House to come up with rules.

According to Senate rules, “The members shall not use their offices for private gain and shall at all times maintain the integrity and discharge ethically the high responsibilities of their legislative positions. Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining appropriate conduct of the members.”

In other words, senators decide for themselves if they have a conflict of interest. Do you trust these guardians of the chicken coop?

Sherry Robinson is a longtime New Mexico reporter and editor. She has worked in Grants, Gallup, the Albuquerque Journal, New Mexico Business Weekly and Albuquerque Tribune. She is the author of four books. Her columns won first place in 2024 from New Mexico Press Women.

Rick Smith: Goers and Senders in Missions

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Rick Smith

Calvary Missionary Baptist Church

There are four questions that need to be answered when it comes to missions and evangelism.  If you are a Christian, then you are either a goer or a sender.  Both are important and necessary to the spread of the gospel around the world.  In Romans 10:14-15 Paul asks four questions that tell us why we need both goers and senders.  Listen carefully what Paul said:  “How then shall they call on him in whom they have not believed?  and how shall they hear without a preacher? And how shall they preach, except they be sent? as it is written, How beautiful are the feet of them that preach the gospel of peace, and bring glad tidings of good things!”  Now lets break it down so that we can understand our individual part in missions and evangelism.

“How then shall they call on him in whom they have not believed?”  We have the promise of scripture that “…whosoever shall call upon the name of the Lord shall be saved.” (Romans 10:13).  This is not an empty call, or empty words, but the expression of faith in the promise of God.  Some treat God as though He was a cosmic genie to grant every wish.  Those that trust in Him will call upon the Lord.  But faith is not a feeling. We understand with our hearts and place our trust in the Lord.  And this faith does not come from us but from God Himself.  “For by grace are ye saved through faith; and that not of yourselves: it is the gift of God…” (Ephesians 2:8).

Since saving faith is reasonable, then we must ask, “and how shall they believe in him of whom they have not heard?”  We hear and read of stories of pagans in foreign lands whose hearts were already prepared to believe the gospel.  But until they heard the gospel message they were still lost in their sins.  This is the reason that we are commanded to go into all the world and proclaim the gospel of Jesus Christ.  Until they hear the truth of the gospel the lost cannot respond in faith.  Some places seem to be ready for the message as soon as it is preached.  Other places are hard and need the soil plowed and cultivated before they can even begin to respond.  So the whole world needs to hear the good news of Jesus before they can respond in faith.

But “how shall they hear without a preacher?”  You will note that it is not doctors they need.  Nor is it teachers of agriculture that will save them.  They need someone to preach, to proclaim the gospel of Jesus to them.  I remember hearing as a young Christian the story of a missionary doctor who ministered to lepers.  As he would practice his medical skills on the poor leper, he would be telling them about Jesus and making the gospel clear to them.  We have many missionary doctors, missionary teachers, missionary agriculturalist, but their primary function is to bring the gospel to the lost everywhere. Meeting felt needs is useless if we don’t give them what they must have.  The must have Jesus and how shall they hear about our Lord Jesus Christ without a preacher of the gospel?

This next question is the need and the beginning point of missions.  “And how shall they preach, except they be sent?”  Remember that as a Christian you are either a Goer or a Sender.  God calls, but the church sends.  As a member of a local church your mission may be that of a Sender.  God has called a missionary to go to take the gospel to peoples far away, but the local church participates in his work by sending and supporting those that God has called.  Remember that Barnabas and Saul?  God called Saul on the Damascus road, but it was the Antioch church that separated him and Barnabas for the work, ordained them, and sent them.  They also supported them in prayer and financed their work.  That is the purpose of Senders.

We support the Goers by sending them, so that they can proclaim the good news of Jesus Christ to those that have not heard in order that they may hear and believe on our Lord Jesus Christ.   Our missionaries are precious gifts of our churches to those who are lost, because once they hear God can save them.  And they will rejoice with us and say, “How beautiful are the feet of them that preach the gospel of peace, and bring glad tidings of good things!”

If you have any questions, we invite you to visit with us this Sunday.   Worship at 10:50 A.M.  We are located at 711 West Washington Ave.  Check our sermon videos on Youtube @ricksmith2541.  Send comments and prayer requests to prayerlinecmbc@gmail.com.

WIPP contractor touts safety record

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Staff reports

Salado Isolation Mining Contractors (SIMCO) the contractor hired by the U.S. Department of Energy to run the Waste Isolation Pilot Plant (WIPP) announced two significant safety milestones last week: one full year without a recordable injury for a SIMCO employee, and surpassing 3 million consecutive safe work hours.

Recordable injuries are defined as any work-related incident resulting in death, days away from work, restricted work, loss of consciousness, or medical treatment beyond first aid.

“This achievement reflects the daily commitment of WIPP employees to follow established safety protocols, as every employee plays a role in maintaining a safe and healthy workplace,” read a statement from SIMCO.

SIMCO President Ken Harrawood said the announcement highlighted the WIPP’s “safety culture,” explaining that employees are encouraged to bring safety concerns to management and ensure issues are properly addressed. Every employee is empowered to stop work when they feel conditions are unsafe, Harrawood said, and are urged to participate in safety briefings, inspections and ongoing training.

”Over the past year, we completed several significant construction projects and exceeded our goal in receiving and emplacing waste from generator sites in New Mexico and around the nation,” added Ken Harrawood, SIMCO program manager. “Achieving these safety milestones, while also successfully accomplishing a substantial amount of work, is truly remarkable. More importantly, we are reminded that every employee deserves to go home healthy at the end of the day.”

At WIPP, the Energy Department disposes of transuranic nuclear waste (TRU), which is clothing materials, equipment and other debris irradiated during nuclear activities.

The waste is buried at WIPP in a salt deposit about 2,000 feet underground. The salt gradually collapses on the waste, burying the refuse and blocking radiation from escaping.

WIPP began operations on March 26, 1999, when its first shipment was received from Los Alamos National Laboratory. To date, WIPP has received and disposed of over 14,700 shipments from New Mexico and across the nation. This includes over 2.8 million cubic feet of TRU waste safely disposed, comprising over 220,800 containers.

Artesia boys’ basketball team reclaim district title

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The Artesia Boys’ Bulldog basketball team missed out on this moment a year ago. This time, the Bulldogs stood on their home court at the Pit Friday night, hoisting the District 4-4A championship trophy after a 58-42 win over Goddard.

It was the Bulldogs’ third victory this season over the Rockets- and their second in less than a week- but Bulldog head coach Michael Mondragon said the matchup felt routine.

“This is what you expect,” Mondragon said. “Things got a little physical and chippy. This was for the district championship.”

Mondragon said that Goddard did a wonderful job of changing defenses and frustrating the Bulldogs’ offense. Goddard forced the Bulldogs into turnovers.

The game was not a blowout and seemed to be intense and chippy. The Bulldogs won without District 4-4A Player of the Year Charlie Campbell IV having his best game.

In fact, he was in foul trouble early in the second quarter, with coach Mondragon taking him out until the second half.

With Campbell limited, senior shooting guard Braylon Vega stepped into the scoring void. Vega attacked the rim, hit from the perimeter, and finished with a game-high 21 points, helping steady Artesia through back-and -forth stretches.

Artesia guard Braylon Vega shoots a shot against Goddard during action at the Pit on Friday night.

“It is not about one guy,” Mondragon said. “It is about a group of guys, and as long as we focus on that, and worrying about who is scoring the ball, and getting the dub at the end of the day, that is what matters.”

Mondragon said that during this time of year, he expects games to be a dogfight and for every team to bring its best, with the tournament starting on Saturday.

Artesia (21-5, 6-1 District 4-4A) hosted a seeding party on Sunday afternoon at the Pit to determine its opponent for Saturday, March 7.

“Wherever we go, we go,” Mondragon said. “We will enjoy this win tonight and watch Sunday to see where we will go.”

Scenes from the Artesia boys basketball game

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JT Keith | Artesia Daily Press
Artesia forward Jack Byers stretches before the start of the District 4-4A Championship game against Goddard.
Artesia guard Charlie Campbell IV looks to score in the lane against Goddard during action at the Pit on Friday night.
Artesia guard Braylon Vega moves in the lane against Goddard as he looks for his shot.
Artesia guard Braylon Vega swoops to the basket for a layup against Goddard during Friday night action at the Pit.
Artesia center Clay Kindcaid puts up a shot against Goddard during Friday night action at the Pit on Friday night.
Artesia forward Corbyn Dominguez gets ready to take a shot against Goddard during action at the Pit on Friday night.
Artesia center Clay Kincaid looks to score after getting a rebound against Goddard in action at the Pit on Friday night.
Artesia guard Charlie Campbell IV lets a shot go against Goddard during action at the Pit on Friday night.
Artesia forward Tootie McNeil waits to check in during action against Goddard on Friday night.
Artesia guard Cael Houghtaling looks to make a pass against Goddard during Friday night action at the Pit.
The Bulldogs watch the action at the Pit during Friday night action against Goddard for the District 4-4A championship.

The Artesia girls basketball team lose district title

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The Artesia girls’ basketball team had come so far, and yet still had to do everything right to make the state basketball tournament. Instead, their shooting went cold at the worst possible time.

The Lady ‘Dogs ran out of shots and steam as the No. 4 seed Goddard Rockets came into the Pit and upset the No. 3 seed Lady ‘Dogs 49-30 Friday night.

Artesia opened with energy, racing to an 8-0 lead and looking ready to blow the game open. But the early surge quickly faded. The Lady ‘Dogs scored only five more points for the rest of the first quarter and led 13-11 entering the second quarter.

The undoing was that the Lady’s Dogs scored only two points in the entire second quarter and turned the ball over seven times. Allowing the Lady Rockets to take a 24-15 lead into halftime.

Artesia’s shooting struggles continued in the third quarter, and it scored only four points, while Goddard stretched its lead to 37-19 heading into the fourth quarter.

JT Keith | Artesia Daily Press Artesia guard Brookly Fuentes brings the ball up against a Goddard player during Friday night action at the Pit.

Artesia (14-13, 2-4 District 4-4A) still has an opportunity to make it into the state playoffs. Last year, the Lady ‘Dogs finished 10-17 and 2-4 in District 4-4A. With the No. 4-seed Rockets winning the district tournament and the Portales Rams as the regular-season title, the committee will have a difficult time choosing four teams from District 4A.

The New Mexico Activities Association will release the tournament seedings on Sunday at 4:30 p.m. Artesia began the week ranked No. 18 in the MaxPreps poll, and only 16 teams qualify.

The Lady ‘Dogs beat Goddard in the final regular-season game and followed that with a 40-37 win over the No. 8 seed Lovington Wildcats on Tuesday.

Now, the Lady Dogs will have to wait to see whether their resume earns them a spot in the state tournament and what seed they might receive.

Sights from the Artesia girls District 4-4A championship game vs. Goddard

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JT Keith | Artesia Daily Press. Artesia basketball player Jenna Whitmite makes a free throw against Goddard during Friday night’s game at the Pit.
Artesia forward Jenna Whitmire tries to euro-step going toward the basket against Goddard.
Artesia forward Ashton Craft takes a jumper from the right corner during Friday night action at the Pit.
Artesia guard Brooklyn Fuentes looks to score against Goddard during Friday night action.
Artesia center Gracen Kuykendall looks to score against Goddard during action at the Pit.
Artesia forward Avery Frederick tries to block a pass from a Goddard player.
Artesia forward Jenna Whitmire tries to score, driving in the lane against Goddard during Friday night action.
Artesia forward Zaleigh Greer looks to score after getting a rebound from a missed shot.
The team listens to Lady ‘Dogs coach Candace Pollard during a timeout.
Artesia girls basketball coach Candace Pollard on the sidelines during action against Goddard on Friday night at the Pit.

Murder charges dropped in 2022 shooting

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Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

Charges were dropped against a Carlsbad man accused of shooting and killing 33-year-old Mark Hinojos four years ago.

Ryan Saiz, 32, was arrested Feb. 24, 2022, and charged with one count each of second-degree murder and aggravated battery with a deadly weapon.

Nearly four years later, on Jan. 22, the Fifth Judicial District Attorney’s Office announced it had dismissed both charges against Saiz, issuing a nolle prosequi filing meaning prosecutors believe they lacked enough evidence to proceed with the case.

Saiz was released from the Eddy County Detention Center shortly after the dismissal.

The case was scheduled to go to a jury trial on Feb. 24 before Fifth Judicial Judge Eileen Riordan.

Hinojos’ mother Tamara Davenport, 55, said the case was dismissed after the prosecution determined Saiz shot Hinojos in self-defense.

Justin Dominguez, spokesperson for the Fifth Judicial District Attorney’s Office, said the office “has no comment” on the Saiz case.

Following the dismissal, Davenport said in a Feb. 20 interview that her son’s death caused irreparable harm to her and several family members in the four years since the shooting.

She said she saw her son in the hospital shortly after the shooting, and said the memory of seeing his injuries continues to disturb her.

“We went 180 (degrees). I have nightmares all the time,” she said. “I stay up for days because I cannot go to sleep. I don’t want to see that anymore.”

When she heard the charges were dropped, Davenport said, she was confused why after four years of investigation and court proceedings, the district attorney’s office would change course.

“I dropped down to the floor and started screaming and crying,” she said. “It can happen to anybody, anybody’s family at any time. I just don’t get it.”

What follows is a compressed version of events leading to Saiz’s arrest, according to an arrest affidavit filed by Carlsbad police.

Police were called to the scene in the 1100 block of Normandy at about midnight on Feb. 5, 2022, finding Hinojos suffering a gunshot wound to his head. He was transported to Carlsbad Medical Center for treatment and died eight days later.

Also transported from the scene was Michael Wood, who had a gunshot wound to his chest.

Police initially spoke to Ryan Saiz’s brother, Richard Saiz, who said two masked men broke into his home, and that Ryan Saiz, who lived in a camper on the property, fired at them.

Richard Saiz told police Ryan Saiz was injured and fled the scene after the incident. When Saiz was found by police and arrested on an outstanding warrant two weeks after the shooting, he told them he saw the men entering his brother’s home, grabbed a gun and went inside to defend his brother.

Ryan Saiz told police he “walked into a gunfight.”

Wood disputed the Saizes’ version of events, telling police that he and Hinojos went to the house, but did not kick in the door as the brothers told police. Wood said a man he did not know opened the door before they knocked and that he suddenly felt a burning in his chest, apparently from being shot.

Wood said he did not “remember much” after that. He did not give police a reason why he and Hinojos went to the Saiz residence.

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Vote now for Athlete of the Week

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The Artesia Daily Press is letting you decide on the best local sports star each week. Go to ArtesiaNews.com and cast your ballot. You can also access the polling using the QR code.

Girls

This week’s Athlete of the Week choices include three Artesia girls basketball players: power forward Peyton Barela; another power forward, Zaleigh Greer; and teammate Jordan Rone, a threat anytime she steps across the three-point line.

Boys

Bulldogs guard Cael Houghtaling threw down a dunk against Goddard and Portales to get the crowd going; the victories led the team to a 20-5 record. Teammate Tootie McNeil also played a big role in winning a seventh consecutive district title for the Bulldogs. Jace Deans is always positive and willing to help his basketball teammates.

Results will be released in the March 5 print edition and online.

David Grousnick explains ‘Born again’

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David Grousnick

A young girl who was asked to write an essay on “birth”

She asked her mother how she had been born. Mom, who was busy at the time, said “The stork brought you and left you on the doorstep.”

Continuing her research she asked her dad how he’d been born. Being busy, Dad similarly deflected the question by saying, “I was found in the garden. The fairies brought me.”

Then the girl asked her grandmother how she had arrived. “I was picked from a berry bush”, said grandma.

With this information the girl wrote her essay.

When the teacher asked her later to read it in front of the class, she stood up and began, “There has not been a natural birth in our family for three generations…”

We are in an interesting period of time right now between the end of an awesome winter Olympics, the beginning of the season of Lent and our journey to Easter joy.

For years, the opening of “The Wide World of Sports” television program illustrated “the agony of defeat” with a painful ending to an attempted ski jump. The skier appeared in good form heading down the jump, but then, for no apparent reason, he tumbled head over heels off the side of the jump, bouncing off the supporting structure down to the snow below.

What viewers didn’t know was that he chose to fall rather than finish the jump. Why? As he explained later, the jump surface had become too fast, and midway down the ramp, he realized if he completed the jump, he would land on the level ground, beyond the safe sloping landing area, which could have been fatal.

Changing one’s course in life can be a dramatic and sometimes painful undertaking, but change is better than a fatal landing at the end.

In John 3:1-17, this is the problem Nicodemus was having. Jesus tells Nicodemus that he is facing a fatal landing if he does not change directions. But Nicodemus knows only one way and that is the way of earth. It is the only way that any of us knows.

Jesus begins speaking of Heaven, of being Born Again. But Nicodemus is confused. “How can a person go back into his mother’s womb and come out again?”

There is a reason he has come to Jesus. He has an inkling that Jesus might be able to provide a missing important detail because Nicodemus senses he is headed in a wrong direction and he should change his course. But Nicodemus is hesitant. He’s uncertain about making such a drastic change. Why? What makes this remarkable man slow to take Jesus at his word?

Sometimes what we think is most familiar is also the most unknown.

Take the case of one Midwest family. The matriarchs of the family had passed along a time-honored recipe for the traditional Easter ham. Along with the list of spices and herbs, rubs and glazes, cook times and basting procedures, was the absolutely strict instruction that the last three to four inches of the ham must be cut off – completely removed.

This order was an fundamental part of the recipe that their great-grandmother had passed down. Grandma continued the practice, as did her granddaughter.

When the great-granddaughter was initiated into the secret recipe, she dared to ask “Why?” Why the necessary amputation of the end of that holiday ham. Neither her mother nor her grandmother had an answer.

Thankfully, great-grandma was still around and had a perfectly logical, if unexpected explanation. “My roasting pan was too short,” great grandma declared, “I had to cut off the last few inches or the ham would not fit in the pan.”

Although the conditions had changed for the ensuing generations of cooks, they had all continued to follow the old instructions, without knowing why, without embracing a new reality made possible by bigger pans for bigger hams.

It’s easy to get stuck in a rut. Thinking “outside the box” requires flexing some mental muscles, pushing out the walls of thoughts and expectations we find reassuring and familiar. There is perhaps no more faith-defining expression in Western Christianity than the concept of being “born again.”

Yet, after two millennia it is a phrase that is so familiar it has become unknown.

Journey with us to the celebration of Easter this year. We meet at 10:30 am and we gather at 11th and Bullock, right across the street from Zia Intermediate School. And when the Easter celebration feast is served, you will discover that we have a bigger pan for a large ham!!