Justice Department and City of Albuquerque Seek Partial Termination of Consent Decree Covering the Albuquerque Police Department

The Justice Department and the city of Albuquerque filed a joint motion today seeking court approval to terminate certain portions of the consent decree covering the Albuquerque Police Department (APD).

The joint motion is based on APD’s consistent progress towards achieving the goals of the consent decree. The independent monitor’s most recent report, from May 2023, concluded that APD had reached full compliance with 92% of the consent decree’s terms. In addition, APD is now monitoring its own compliance with some provisions, consistent with an agreement between the department and APD, which the parties previously filed with the court.

In light of APD’s continued improvement, as well as its demonstrated record of sustaining compliance with some requirements, the parties ask the court to terminate certain provisions of the consent decree with which APD has been in full compliance for at least two years and that APD has been self-assessing. The provisions cover: a multi-agency task force; specialized tactical units; specialized investigative units; the Field Training Evaluation Program; public information on civilian complaints; recruiting, selection and promotion; and officer assistance and support. 

“Our filing with the court demonstrates that the Justice Department’s consent decree has been critical to driving real reform and moving the Albuquerque Police Department toward the goal of ensuring effective and constitutional policing,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our filing makes clear the real progress that has been made in transforming aspects of the department’s policing over the last eight years. The Albuquerque Police Department has demonstrated its ability to independently sustain compliance with important requirements of the consent decree. The Justice Department will continue to support police and city leaders as they forge ahead with full compliance with the consent decree, and we will continue to stand with residents of the city. The residents of Albuquerque deserve fair and constitutional policing, and nothing less.”

“This move to partial termination is yet more evidence of the City of Albuquerque’s dogged pursuit of progress,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “Work remains to be done, and the challenges facing us as a community are ever evolving. While we continue to work together to confront those challenges, we applaud the steady and unrelenting drive towards the type of policing that the people of Albuquerque deserve.”

APD has made substantial change in reaching compliance with provisions of the consent decree, including:

• APD has a clear and reliable process for conducting criminal investigations of critical incidents through the multi-agency task force;

• APD significantly professionalized its SWAT team and brought its operations in line with national standards;

• APD’s investigative units operate with clarity about their scope and mission;

• Through APD’s Field Training Evaluation Program, new officers receive reinforcement about APD’s values and expectations, helping to ensure that officers provide constitutional and effective policing from their first days on patrol;

• APD and Albuquerque’s civilian oversight agency widely distributes information about filing complaints about police officers, ensuring that people across the city can easily access and submit complaint forms, and that APD and civilian oversight are aware of the issues that people are having with police officers;

• The independent monitor has found that APD has set new standards in police recruiting, increasing interest in joining APD at a time when police departments across the country face challenges in recruiting; and

• APD’s Behavioral Sciences Section provides industry-standard behavioral health and wellness services to APD personnel and their families, often exceeding the requirements of the consent decree.

The District Court for the District of New Mexico entered the consent decree in June 2015. The decree, as well as information about the Civil Rights Division, are available on the Special Litigation Section Cases and Matters website. Additional information about implementation of the consent decree is also available on the U.S. Attorney’s Office website.

View the joint motion here.