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Office of the Attorney General (New Mexico)

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Office of the Attorney General (New Mexico)
Agency nameOffice of the Attorney General (New Mexico)
Formed1912
JurisdictionState of New Mexico
HeadquartersSanta Fe, New Mexico
Chief1 nameRaúl Torrez
Chief1 positionAttorney General
WebsiteOfficial website

Office of the Attorney General (New Mexico) The Office of the Attorney General (New Mexico) is the chief legal officer for the State of New Mexico, charged with representing the State in civil and criminal matters and advising the Governor of New Mexico, New Mexico Legislature, and state agencies. The office interacts with federal entities such as the United States Department of Justice, regional bodies like the Western States legal consortiums, and national organizations including the National Association of Attorneys General and the American Bar Association. Its activities touch on issues litigated before the New Mexico Supreme Court, the United States Court of Appeals for the Tenth Circuit, and occasionally the Supreme Court of the United States.

History

The office traces institutional roots to territorial legal structures under the Territory of New Mexico and the Compromise of 1850 period, formalized after New Mexico attained statehood in 1912 alongside the ratification of the New Mexico Constitution. Early attorneys general responded to disputes involving Santa Fe Trail land claims, Atchison, Topeka and Santa Fe Railway, and Ute Mountain Ute Tribe matters. During the Progressive Era and the administrations of governors like Miguel A. Otero and Merrill C. Mechem, the office expanded prosecutorial and civil roles, engaging with cases tied to the New Mexico Mining Company and regulatory disputes involving the Interstate Commerce Commission. Mid-20th century attorneys general confronted issues arising from the Manhattan Project at Los Alamos National Laboratory and environmental claims near Trinity Site and Carlsbad Caverns National Park. In the late 20th and early 21st centuries, the office coordinated multi-state litigation with counterparts in California, New York, Texas, Florida, Illinois, Massachusetts, Pennsylvania, Washington, Oregon, Ohio, Michigan, Colorado, Arizona, Nevada, Utah, Kansas, Nebraska, Missouri, Louisiana, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Tennessee, Kentucky, Indiana, Wisconsin, Minnesota, Iowa, South Dakota, North Dakota, Montana, Idaho, Wyoming, Oklahoma, Arkansas, Hawaii, Alaska, Vermont, New Hampshire, Maine, Rhode Island, Connecticut, Delaware, West Virginia, District of Columbia, and national coalitions addressing tobacco, opioid, and consumer protection litigation.

Jurisdiction and Responsibilities

The office exercises authority under the New Mexico Statutes Annotated to prosecute statewide criminal appeals before the New Mexico Court of Appeals and to represent the state in civil suits in the United States District Court for the District of New Mexico and state courts. Responsibilities include enforcement of the New Mexico Human Rights Act, oversight of consumer protection statutes such as the New Mexico Unfair Practices Act, and enforcement actions under environmental laws including the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act in coordination with the Environmental Protection Agency. The office advises the New Mexico Governor's Cabinet, litigates matters involving the New Mexico Public Regulation Commission, represents agencies like the New Mexico Department of Health and the New Mexico Department of Transportation, and handles tribal-state legal interactions with nations including the Pueblo of Zuni, Navajo Nation, Mescalero Apache Tribe, Jicarilla Apache Nation, and Pueblo of Taos. It participates in national multistate actions with entities such as the Federal Trade Commission, Securities and Exchange Commission, Centers for Disease Control and Prevention, Department of Health and Human Services, United States Department of Agriculture, and Department of Homeland Security on matters ranging from public health to consumer fraud.

Organization and Divisions

The office is organized into divisions including Civil Litigation, Criminal Appeals, Consumer Protection, Environmental Protection, Health Care Fraud, Antitrust, Public Integrity, and Special Litigation. Divisions coordinate with federal counterparts like the United States Attorney for the District of New Mexico, state institutions such as the New Mexico Supreme Court's administrative offices, and intergovernmental groups including the Western States Contracting Alliance and the Attorney General of Texas on multistate matters. Specialized units handle interactions with agencies such as the New Mexico Secretary of State, New Mexico Taxation and Revenue Department, and law enforcement partners including the New Mexico State Police and county district attorneys' offices like the Bernalillo County District Attorney. Administrative functions encompass counsel to boards such as the New Mexico Public Education Department oversight panels and representation in licensing disputes before the New Mexico Regulation and Licensing Department.

Officeholders

Attorneys general have included elected and appointed figures from diverse backgrounds, interacting with governors such as Susana Martinez, Michelle Lujan Grisham, Bill Richardson, Gary Johnson, and David C. Eisenhower. Past officeholders collaborated with federal officials like U.S. Senator Martin Heinrich, U.S. Representative Deb Haaland, U.S. Senator Ben Ray Luján, U.S. Senator Pete V. Domenici, and national leaders including President Barack Obama, President George W. Bush, President Bill Clinton, President Ronald Reagan, and President Joe Biden on overlapping legal and policy matters. The office's leadership often included alumni of institutions such as the University of New Mexico School of Law, Stanford Law School, Harvard Law School, and Georgetown University Law Center.

Notable Cases and Actions

The office has brought and joined high-profile matters including multistate settlements against pharmaceutical manufacturers and actions related to opioid distribution, lawsuits involving energy companies operating in the Permian Basin and San Juan Basin, environmental claims tied to legacy contamination at Los Alamos National Laboratory, and consumer protection suits against national corporations such as major automakers, telecommunications providers, and tech companies. It has pursued antitrust investigations in coordination with the United States Department of Justice Antitrust Division and participated in litigation connected to the Affordable Care Act implementation, voting rights cases under the Help America Vote Act, and litigation concerning immigration enforcement overlapping with the Department of Homeland Security and U.S. Immigration and Customs Enforcement. The office also litigated tribal land, water rights, and gaming compact disputes involving the Taos Pueblo and Pueblo of Isleta.

Election, Appointment, and Terms

The Attorney General is an elected constitutional officer chosen statewide in partisan elections concurrent with other state executive offices, serving four-year terms with eligibility for reelection; vacancy appointments have been made by governors such as Bruce King and Susana Martinez and confirmed through processes akin to those applied for other statewide offices including the New Mexico Secretary of State. Campaigns attract endorsements and opposition from entities like the New Mexico Trial Lawyers Association, New Mexico Federation of Labor, and national organizations such as the Republican National Committee and the Democratic National Committee, with electoral law disputes occasionally adjudicated by the New Mexico Supreme Court and federal courts.

Category:State law enforcement agencies of New Mexico Category:Legal organizations based in the United States