New Mexico Attorney General's Office
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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, is fifth in succession to the office of
Governor of New Mexico The governor of New Mexico () is the head of government of New Mexico. The governor is the head of the executive branch of New Mexico's state government and the commander-in-chief of the New Mexico National Guard. As noted in the govern ...
, after the
Lieutenant Governor of New Mexico The lieutenant governor of New Mexico () is an elected constitutional officer in the executive branch of government of the U.S. state of New Mexico, ranking just below the governor. Thirty individuals have held the office of lieutenant governor ...
,
Secretary of State of New Mexico The secretary of state of New Mexico is a constitutional officer in the executive branch of government of the U.S. state of New Mexico. Twenty-six individuals have held the office of secretary of state since statehood. Since 1923, every elected ...
, 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'). The phrase is ...
'' of the
New Mexico Senate The New Mexico State Senate () 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 state. All senatorial distr ...
and the Speaker of
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 New Mexico is a state in the South ...
. 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 ...
,
legal counsel A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as wel ...
to state government,
consumer advocate Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesse ...
and guardian of the
public interest In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
.


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 ...
, 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 singl ...
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 Small businesses are types of corporations, partnerships, or sole proprietorships which have a small number of employees and/or less annual revenue than a regular-sized business or corporation. Businesses are defined as "small" in terms of being ...
consumers before the
New Mexico Public Regulation Commission The New Mexico Public Regulation Commission or NMPRC is an independent state agency created by the New Mexico Constitution. It is charged with ensuring safe operations and reliable utility services at fair, just, and reasonable rates consistent wi ...
. 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 a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
, any state
official An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
, or any
district attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
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 secretary of state of New Mexico is a constitutional officer in the executive branch of government of the U.S. state of New Mexico. Twenty-six individuals have held the office of secretary of state since statehood. Since 1923, every elected ...
. The AG drafts
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
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 tribunal, w ...
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 offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
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 purposesL. Brookes (ed.) '' Chambers Dictionary''. Edinburgh: Chambers Harrap Publishers Ltd, 2005. in some nations. The term is derived from the Old French denoti ...
in any
criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...
or
civil Civil may refer to: *Civility, orderly behavior and politeness *Civic virtue, the cultivation of habits important for the success of a society *Civil (journalism) ''The Colorado Sun'' is an online news outlet based in Denver, Colorado. It lau ...
case. In matters of the
impeachment Impeachment is a 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. In Eur ...
of a state
legislator A legislator, 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, but they can be appointed, or hereditary. Legislatures may be supra-nat ...
or employee, the AG initiates
conflict of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple wikt:interest#Noun, interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates t ...
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
FindLaw FindLaw is a business of Internet Brands that provides online legal information in the form of state laws, case law and codes, legal blogs and articles, a lawyer directory, DIY legal services and products, and other legal resources. The compa ...

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 which therefore means that the United States Attorney General in the federal government is n ...

Press releases
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