New Mexico Attorney General's Office
Encyclopedia
The New Mexico Attorney General's Office is overseen by the Attorney General of New Mexico, an elected executive officer
of the state. The AG serves as head of the New Mexico Department of Justice and is required to be a licensed attorney
.
In New Mexico the AG is fifth in succession to the office of governor, after the lieutenant governor
, secretary of state
, President pro tempore
of the New Mexico Senate
, and the Speaker of New Mexico House of Representatives
.
The AG functions as the state's chief legal officer
, legal counsel to state government, consumer advocate, and guardian of the public interest
.
, New Mexico Court of Appeals
, or any other court or tribunal
in which the state is a party or is interested. The AG prosecutes and defends all actions and proceedings involving any state employee in his/her official capacity. Also, the AG may represent residential or small business
consumers before the Public Regulation Commission.
Upon request, the AG will provide written legal opinion
s to the legislature
, any state official
, or any district attorney
on any subject pending before one of these officials. In matters involving the state Election Code the AG provides legal assistance to the Secretary of State of New Mexico
.
The AG drafts contract
s, bonds
, and other instruments as required for use by the state.
At the governor's direction, the AG may attend and assist in the trial
of any indictment
or information in any county of the state. When a District Attorney fails or refuses to act, the AG may act on behalf of a county in any criminal
or civil
case.
In matters of the impeachment
of a state legislator
or employee, the AG initiates conflict of interest
enforcement actions. The AG also prosecutes removal proceedings against district attorneys.
The AG establishes and maintains a register of all documents filed by charitable organizations and makes it available for public inspection.
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
of the state. The AG serves as head of the New Mexico Department of Justice and is required to be a licensed attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
.
In New Mexico the AG is fifth in succession to the office of governor, after the lieutenant governor
Lieutenant Governor of New Mexico
Lieutenant Governor of New Mexico is an official in the state of New Mexico that ranks just below the Governor of New Mexico. The current lieutenant governor is John Sanchez.- Partial list of Lieutenant Governors of New Mexico :...
, secretary of state
Secretary of State of New Mexico
The Secretary of State of New Mexico is one of the elected constitutional officers of the U.S. state of New Mexico.The current Secretary of State is Dianna Duran.-Organization:The Secretary of State's Office is composed of four divisions:...
, President pro tempore
Pro tempore
Pro tempore , abbreviated pro tem or p.t., is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a locum tenens in the absence of a superior, such as the President pro tempore of the United States Senate.Legislative...
of the New Mexico Senate
New Mexico Senate
The New Mexico Senate is the upper house of the New Mexico State Legislature. The Senate consists of 42 members, with each senator representing an equal amount of single-member constituent districts across the state. All senatorial districts are divided to contain a population on average of 43,300...
, and the Speaker of New Mexico House of Representatives
New Mexico House of Representatives
The New Mexico House of Representatives is the lower house of the New Mexico State Legislature.There are 70 members of the House. Each member represents roughly 25,980 residents of New Mexico.The Speaker of the House is Ben Luján .-Composition:...
.
The AG functions as the state's chief legal officer
Chief Legal Officer
A chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
, legal counsel to state government, consumer advocate, and guardian of the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
.
Statutory Responsibilities
The AG represents the state before any courts or agencies when the public interest requires or when requested by the Governor and prosecutes and defends all causes in the New Mexico Supreme CourtNew Mexico Supreme Court
The New Mexico Supreme Court is the highest court in the U.S. state of New Mexico. It is established and its powers defined by Article VI of the New Mexico Constitution...
, New Mexico Court of Appeals
New Mexico Court of Appeals
The New Mexico Court of Appeals is the intermediate-level appellate court for the state of New Mexico.-Jurisdiction:The court has general appellate jurisdiction over the state district courts and certain state agencies...
, or any other court or tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
in which the state is a party or is interested. The AG prosecutes and defends all actions and proceedings involving any state employee in his/her official capacity. Also, the AG may represent residential or small business
Small business
A small business is a business that is privately owned and operated, with a small number of employees and relatively low volume of sales. Small businesses are normally privately owned corporations, partnerships, or sole proprietorships...
consumers before the Public Regulation Commission.
Upon request, the AG will provide written legal opinion
Legal opinion
In law, an opinion is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling....
s to the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, any state official
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
, or any district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
on any subject pending before one of these officials. In matters involving the state Election Code the AG provides legal assistance to the Secretary of State of New Mexico
Secretary of State of New Mexico
The Secretary of State of New Mexico is one of the elected constitutional officers of the U.S. state of New Mexico.The current Secretary of State is Dianna Duran.-Organization:The Secretary of State's Office is composed of four divisions:...
.
The AG drafts contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, bonds
Bond (finance)
In finance, a bond is a debt security, in which the authorized issuer owes the holders a debt and, depending on the terms of the bond, is obliged to pay interest to use and/or to repay the principal at a later date, termed maturity...
, and other instruments as required for use by the state.
At the governor's direction, the AG may attend and assist in the trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
of any indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
or information in any county of the state. When a District Attorney fails or refuses to act, the AG may act on behalf of a county in any criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
or civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
case.
In matters of the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
of a state legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
or employee, the AG initiates conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
enforcement actions. The AG also prosecutes removal proceedings against district attorneys.
The AG establishes and maintains a register of all documents filed by charitable organizations and makes it available for public inspection.
List of New Mexico Attorneys General
- Gary KingGary King (politician)Gary King is the Attorney General of New Mexico, first elected in 2006. His current term will end January 2011. His father, Bruce King, was a three-time Governor of New Mexico. His mother, Alice King, was a three-time First Lady of New Mexico.King attended New Mexico State University and obtained...
2007-Present - Patricia A. MadridPatricia A. MadridPatricia A. Madrid is an American politician and the former Attorney General for the U.S. state of New Mexico. She is a member of the Democratic Party.-Political career:...
2000-2007 - Tom UdallTom UdallThomas Stewart "Tom" Udall is the junior United States Senator from New Mexico and a member of the Democratic Party. He had represented as a member of the United States House of Representatives since 1999. Udall was elected as the junior United States senator from New Mexico on November 4, 2008,...
1991-1999 - Harold StrattonHal StrattonHarold D. “Hal” Stratton, Jr. is an American lawyer currently practicing law with the Albuquerque office of the Denver based western regional law firm, Brownstein Hyatt Farber Schreck LLP...
1987-1990 - Paul BardackePaul BardackePaul Gregory Bardacke is the former Attorney General of New Mexico, having served from 1983-1986.Mr. Bardacke attended the University of California at Santa Barbara and University of California at Berkeley Paul Gregory Bardacke (born December 16, 1944) is the former Attorney General of...
1983-1986 - Jeff BingamanJeff BingamanJesse Francis "Jeff" Bingaman, Jr. , is the senior U.S. Senator from New Mexico and a member of the Democratic Party...
1979-1982 - Toney AnayaToney AnayaToney Anaya is a U.S. Democratic politician who was born in Moriarty, New Mexico. He went to undergraduate school at Georgetown University and graduated with a law degree from American University's Washington College of Law in 1967...
1975-1979 - David L. NorvellDavid L. NorvellDavid Lee Norvell is a U.S. Democratic politician who served as Attorney General of New Mexico from 1971 to 1975. Norvell was born in Kansas City, Missouri and was raised in Bartlesville, Oklahoma. In 1955, he received a B.S. degree from Northeastern State University in Tahlequah, Oklahoma and a...
1971-1975