McKinley County DA Relinquishes Funding Control as Budget Moves to San Juan

State budget action has redirected much of McKinley County District Attorney Bernadine Martin’s state funding to San Juan County’s District Attorney Fortner, a shift set to begin in July that has intensified a months-long dispute over prosecution rates, office resources and legal authority.

The $10.8 billion state budget signed in April 2025 included an earmark of $1.9 million for Fortner to prosecute cases in McKinley County and a similar allocation for contract attorneys. The law took effect July 1, 2025, and local officials say the change effectively removed state-controlled funding from Martin’s Gallup-based office. Martin subsequently sought emergency funds from the State Board of Finance, asking for $3.8 million at a July 15, 2025 meeting; the board denied the request on a 3-to-1 vote.

The shift follows controversy dating to 2023 over prosecution practices in McKinley County, including reports that some vehicular homicide cases went unprosecuted. State Senator George Muñoz, who has championed the budget change, said constituents brought complaints for “nearly two years” and described the office as dysfunctional. “What do you tell a parent whose daughter was raped, and nobody is making charges? What do you say to that person?” Muñoz asked, adding that “the whole office is in chaos.” Muñoz also argued the state cannot sustain a model that pays a single contract attorney $300,000 a year to handle 250 cases.

Martin has publicly resisted the reallocation and warned it undermines her authority. Martin told reporters that oversight from Farmington “holds her hostage and potentially incapable of doing a job she was elected to do.” At a later public appearance she said of San Juan taking over prosecutions, “The idea that San Juan County can come in and take over cases (in McKinley County) is ludicrous. I won't allow it to happen.” At the State Board of Finance hearing she framed the district as vulnerable, saying, “We are people, we're not politics,” and reminding officials that her district is “primarily Native American and among the poorest in New Mexico.”

Fortner pushed back on Martin’s account, saying Martin had “essentially asked him to give her the funding his office received to prosecute cases in McKinley County, which Fortner said goes against legislative intent.” Fortner indicated openness to mediation and directed staff to file a motion to compel discussions.

Legal experts told reporters that removal or replacement of an elected district attorney raises complex legal questions. John Day, a KOAT legal analyst, said the state attorney general could seek a court declaration of negligence or incompetence under a range of statutory grounds. Martin has said she is considering a suit in the New Mexico Supreme Court.

For McKinley County residents the immediate effects are practical: prosecutors’ office staff reported lacking gas cards and internet, and contract attorneys and employees worried about paychecks. Court calendars, victim services and rural access to justice hinge on who will actually handle prosecutions once funding flows to San Juan or to contracted attorneys.

Next steps for readers include watching for filings in state court, any formal mediation between Fortner and Martin, and announcements from the Attorney General or governor’s office. Local courts and defense attorneys will also need clarity on who will appear on McKinley cases as the budget-driven oversight takes effect.