The Attorney General of New Mexico, an elected

executive officer An executive officer is a person who is principally responsible for leading all or part of an organization, although the exact nature of the role varies depending on the organization. In many militaries and police forces, an executive officer, ...

of the state, oversees the New Mexico Attorney General's Office and serves as head of the New Mexico Department of Justice. The officeholder, who is required to be a licensed

attorney Attorney may refer to: * Lawyer ** Attorney at law, in some jurisdictions * Attorney, one who has power of attorney * ''The Attorney'', a 2013 South Korean film See also * Attorney general, the principal legal officer of (or advisor to) a gove ...

, is fifth in succession to the office of

Governor of New Mexico , insignia = Seal of the Governor of New Mexico.svg , insigniasize = 110px , insigniacaption = Seal of the Governor , image = File:Michelle Lujan Grisham 2021.jpg , imagesize = 200px , alt = , incumbent = Michelle Lujan Grisham , inc ...

, after the

Lieutenant Governor of New Mexico The lieutenant governor of New Mexico ( es, Lista de Vicegobernadores de Nuevo México) is an elected official in the state of New Mexico that ranks just below the governor of New Mexico. The lieutenant governor is the first person in the order of ...

, Secretary of State of New Mexico, President ''

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'' (placeholder) in the absence of ...

'' of the

New Mexico Senate The New Mexico Senate ( es, Senado de Nuevo México) is the upper house of the New Mexico State Legislature. The Senate consists of 42 members, with each senator representing an equal number of single-member constituent districts across the stat ...

and the Speaker of

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 most recent elections were held on November 3, 2020. Composition Leadership C ...

. The Attorney General of New Mexico functions as the state's

chief legal officer A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their d ...

, legal counsel to state government, consumer advocate and guardian of the

public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...

Statutory responsibilities

The officeholder 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 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. It is primarily an appellate court which reviews civil and criminal decis ...

, New Mexico Court of Appeals, or any other court or

tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a s ...

in which the state is a party or is interested. The New Mexico Attorney General prosecutes and defends all actions and proceedings involving any state employee in their official capacity, as well as may represent residential or small business consumers before the New Mexico Public Regulation Commission. Upon request, the AG will provide written

legal opinion In law, a legal opinion is in certain jurisdictions 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. Opinions are in those jurisdi ...

s to the

legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...

, 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 A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to ...

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 In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...

of any

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of 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 A county is a geographic region of a country used for administrative or other purposes Chambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

in any

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

case. In matters of the

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. I ...

of a state

legislator A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for e ...

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.

List of New Mexico Attorneys General

;Parties

References

External links

New Mexico Attorney General
official website
New Mexico Attorney General
articles at ''ABA Journal''

at

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* ttp://law.justia.com/codes/new-mexico/ New Mexico Statutesat Law.Justia.com
U.S. Supreme Court Opinions – "Cases with title containing: State of New Mexico"
at

State Bar of New Mexico

New Mexico Attorney General Hector Balderas profile
at

National Association of Attorneys General The National Association of Attorneys General (NAAG) is a 501(c)(3) nonprofit organization of state and territory attorneys general in the United States. NAAG is governed by member attorneys general, with a president and executive committee se ...

Press releases
at New Mexico Attorney General {{New Mexico statewide elected officials New Mexico Attorneys General