Lawsuit: AG violated open records law

An Alamogordo resident filed an open records lawsuit against the New Mexico Office of the Attorney General Friday, alleging the office illegally redacted portions of legal invoices related to a U.S. Supreme Court case. Open records activist Wendy Irby filed the suit after she received significantly-redacted billing records for a contract between the Attorney General’s office and an Albuquerque law firm well-known in the state legal world for government contracts. According to court records, Irby asked the AG’s office for billing information from Robles, Rael and Anaya P.C. related to Texas v. New Mexico and Colorado, a case about the states’ water use and sharing. The private law firm argued the case on behalf of the AG’s office. Irby’s lawsuit says Attorney General Hector Balderas and his records custodian violated the New Mexico Inspection of Public Records Act (IPRA) by blacking out billing specifics from Robles Rael & Anaya.

Griego sentenced to 18 months in prison, $47K in fines

Former State Sen. Phil Griego will serve 18 months in prison. A judge handed down the punishment Friday, four months after a jury found the San Juan Democrat guilty on five of eight charges in a corruption trial. Griego will also have to pay $47,000 in fines. According to the Santa Fe New Mexican, Griego did not accept responsibility for his crimes. “I genuinely believe I am not a criminal,” the former state senator told District Court Judge Brett Loveless.

Federal judge slaps NM attorney in bail reform lawsuit

A federal judge has taken the unusual step of ordering a politically ambitious New Mexico attorney to pay back the state for filing a “frivolous” lawsuit aimed at undoing efforts to reform the state’s commercial bail system. The attorney, Blair Dunn, a Libertarian who earlier this week announced a run for state attorney general, must pay “reasonable costs and attorneys fees” to the office he seeks to occupy by year’s end, under the ruling by Chief U.S. District Judge Robert A. Junell. This story originally appeared at New Mexico In Depth. Junell, a George W. Bush appointee from the Western District of Texas, presided over the suit because the Attorney General’s Office represented the judges Dunn was suing, from the New Mexico Supreme Court, the Second Judicial District Court and the Bernalillo County Metropolitan Court. Dunn sued last year on behalf of a group of state lawmakers, the Bail Bond Association of New Mexico and a woman who was released from jail last year.

AG finds no law broken over fetal tissue donations

A state investigation prompted by a congressional panel and anti-abortion activists found no criminal wrongdoing by Southwestern Women’s Options (SWWO) or the University of New Mexico Health Sciences Center over fetal tissue donations. New Mexico Attorney General Hector Balderas sent letters to the members of the House Select Panel on Infant Lives, including chairwoman Marsha Blackburn, R-Tennessee. Blackburn complained to Balderas last June that SWWO appeared to have violated two state laws: The Jonathan Spradling Revised Uniform Anatomical Gift Act, or Spradling Act, and the Maternal, Fetal and Infant Experimentation Act (MFIEA). After its months-long investigation, the Attorney General’s office said donations from SWWO to UNM did not violate either law. “We are pleased that the New Mexico Attorney General confirmed that the University of New Mexico did not violate any state laws,” UNM Health Sciences Center spokeswoman Alex Sanchez told NM Political Report in a statement.

NM AG joins California on support for methane-waste rule

New Mexico Attorney General Hector Balderas has again joined forces with California Attorney General Xavier Becerra, this time in a lawsuit against the Trump administration over its suspension of a rule to reduce methane emissions from the oil and gas industry. Earlier this month, U.S. Department of the Interior Secretary Ryan Zinke delayed implementation of the Obama-era requirement until January 2019. The U.S. Bureau of Land Management rule would have cut methane released from wells and infrastructure on federal and tribal lands by limiting routine flaring and requiring that operators modernize leak-detection technology and fix the leaks they found. It also prevented operators from venting methane directly into the atmosphere in most circumstances. New Mexico and California had supported the original rule, saying it would benefit states in three key ways: generating more annual revenue by cutting natural gas waste, protecting public health from harmful air pollution and reducing the impacts of climate change.

DOJ refers criminal accusations by Pearce on fetal tissue donations to FBI

Anti-abortion activists praised the U.S. Department of Justice for sending several criminal referrals to the FBI with allegations that the University of New Mexico Hospital and Southwest Women’s Options conducted illegal activities related to fetal tissue donations. In a letter last week, Assistant U.S. Attorney General Stephen Boyd addressed concerns U.S. Rep. Steve Pearce raised in September. Pearce is New Mexico’s lone Republican member of the delegation. “This is a serious matter, and the Department takes these referrals seriously,” Boyd wrote to the congressman. “The Department has brought each of these referrals to the attention of the Federal Bureau of Investigation (FBI) for review and any appropriate follow-up action.”

The issue goes back to a 2015 video that allegedly showed that Planned Parenthood profited from the sale of fetal tissue.

Rio Woes: Texas’ lawsuit against NM over the waters of the Rio Grande heads to the U.S. Supreme Court

From Colorado to Mexico, communities siphon and spread water from the Rio Grande. For about a century, every drop of that water has been divvied up among cities and farmers. It’s not unusual to stand alongside an irrigation ditch in New Mexico and hear someone complain that too much water is flowing to Texas. But, in fact, Texas stands on solid ground in its lawsuit against New Mexico over the Rio Grande, oral arguments for which are scheduled for January in the U.S. Supreme Court. If New Mexico loses, southern farmers will take a hit—and so will the state budget.

“A black hole of due process” in New Mexico

In December 2016, a 24-year-old small business owner, who asked to be identified as “Boris,” joined a protest in his native Cameroon. The country’s English-speaking minority of nearly 5 million people had begun coalescing into a movement for equal rights, “to tell the government our griefs, to make them understand that we have pain in our hearts,” Boris, who was recently granted asylum after five months inside Cibola County’s immigrant detention center, tells New Mexico In Depth. Teachers and lawyers led the first wave of dissent that October. The educators fought for their students to learn in English. The attorneys argued their clients should stand before judges who spoke their own language.

Former state senator guilty on five of eight charges in corruption trial

A jury found former State Senator Phil Griego guilty on five of the eight charges he faced after a two-week long corruption trial on Thursday. The jury found Griego guilty on charges of one count each of fraud, bribery, having an interest in a state contract and violating ethical principles of public office. The jury found Griego not guilty on a second charge of fraud, filing false financial disclosure and perjury. Some charges include at least one year of jail time and up to 17 and a half years. This is a breaking news story and will be updated as more information comes in.

AG asks Supreme Court to let states tax internet sales

New Mexico’s Attorney General is joining with others who say the state should be able to collect sales or gross receipts taxes on all internet sales. Hector Balderas announced Monday that he filed an amicus curiae, or friend of the court, brief in a case challenging a 1992 U.S. Supreme Court decision. In all, 36 attorneys general from 35 states and the District of Columbia signed onto the brief, led by Colorado AG Cynthia H.Coffman. That decision, Quill Corp. v. North Dakota, was aimed at determining whether a state could collect taxes on sales originating from a company with no physical presence, or “nexus,” in that state.