New Mexico Supreme Court grants stay as it weighs case of Patrick Howard, former teacher

The New Mexico Supreme Court granted a stay that reinstates the probation of a former Las Cruces High School teacher who was convicted of sexually assaulting a student until the court determines whether or not to grant a writ filed by Attorney General Raúl Torrez last week.

Torrez was in Las Cruces last week to announce a petition for writ of prohibition or superintending control, and request a stay in the New Mexico Supreme Court against Las Cruces District Judge Douglas Driggers, who recently terminated Patrick Howard's probation.

According to Torrez, Driggers' order of discharge on March 25 of the five-year probation for Howard, who pleaded guilty to sexually assaulting a female student in 2021, violated legal mandates related to a required five years of probation for sex offenders, conditional discharge and the victim's rights to attend hearings and be heard under the Victim of Crime Act.

More: New Mexico AG files petition for Writ against District Judge Douglas Driggers

On May 15, the New Mexico Supreme Court granted the request for stay and also ordered a stay in the district court case, "until further order of the Court."

If the New Mexico Supreme Court grants the writ, the judge's order to discharge Howard from probation two years early and dismissed charges against him, would be null. Additionally, Third Judicial District Attorney Gerald Byers also filed a motion on May 10 to reinstate probation in district court.

In 2018, Howard was charged with four counts of criminal sexual contact of a minor, along with battery. According to court records, Howard pleaded guilty to one count of criminal sexual contact of a minor and the battery charge in May of 2021. The court agreed to a conditional discharge, five years of supervised probation and sex offender treatment. He did not have to register as a sex offender. The probation was amended in 2022 to allow Howard to drink alcohol in moderation and to possess firearms.

Howard's attorney made a motion to terminate the probation on March 15. On March 19, the court scheduled a notice of motion hearing on March 21, which Byers said violates the victim's constitutional rights that call for seven working days be provided by the court so that victims are able to attend any hearing.

According to Driggers's order to discharge Howard's probation, "the court finds that the Corrections Department approves said motion and that defendant has paid all fines and assessments. ... the defendant has satisfactorily fulfilled the conditions of his probation."

In a recent federal lawsuit, a jury awarded $44 million in damages to a victim who was 15 and 16 years old when the assaults occurred, on March 11, just two weeks before Howard's probation was terminated.

Driggers files response in Supreme Court

Driggers filed a response in the New Mexico Supreme Court on May 16, asking that the writ be denied to allow the district court to rule on the motion to reinstate Howard's probation.

According to the motion Driggers filed, "A direct appeal would adequetley be able to address any error in the district court such that an extraordinary writ of prohibition or superintending control is not appropriate or warranted."

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X @jpgroves.

This article originally appeared on Las Cruces Sun-News: New Mexico Supreme Court grants stay as it weighs case of Patrick Howard, former teacher