The New Mexico Attorney General filed embezzlement and other charges against a former Tax and Revenue Department (TRD) secretary Thursday. She had previously resigned amid questions about possible preferential treatment of a former client. A spokesman for Attorney General Hector Balderas confirmed that special agents with the AG’s office filed nine criminal charges against former Tax and Revenue Department Secretary Demesia Padilla. This is a developing story and may be updated with more information. Update: Added information from the criminal complaint
At the time of publication, the criminal complaint against Padilla was not yet available through online court records.
Elected officials will weigh in this week on key energy issues, both in Albuquerque and Washington D.C. What happens in those hearings and committee meetings might not grab headlines, but they affect landscapes, communities and the lives of all New Mexicans, whether they live close to oil and gas wells and coal mines, or hundreds of miles away. When private companies drill or mine on federal lands, they pay a percentage in royalties. Right now, that’s 12.5 percent for onshore coal, oil and gas, though an Obama-era rule—overturned last year—updated valuation rates to increase royalty collections. About half the money collected goes to the federal government and half to the state where the mining or drilling occurred. New Mexico currently receives more royalties from extraction on federal lands than any other state.
New Mexico filed its responses to Texas and the federal government on a U.S. Supreme Court lawsuit over the waters of the Rio Grande. On Tuesday night, New Mexico Attorney General and its contract attorneys filed the state’s counterclaims on Texas v. New Mexico & Colorado. We’ve posted those three pleadings below. A press release announcing the counterclaims included a quote from Balderas:
Our legal strategy will hold Texas and the federal government accountable for the significant amount of precious water being misappropriated that rightfully belongs to New Mexico’s working families and small businesses, and for the federal government not using proper accounting and failing to ensure reasonable water delivery improvements. Using the best science, technology and evidence-based strategy, we will protect our traditionally underserved and culturally diverse population, and protect against those interests that threaten our citizens and businesses.
Two of the three candidates seeking the Democratic nomination for governor have over $1.5 million cash on hand for the final stretch before the primary election on June 5. Early voting has already started. State Sen. Joseph Cervantes has now loaned his own campaign over $2 million and raised only about $15,000 from others. He now has $1.65 million cash on hand. U.S. Rep. Michelle Lujan Grisham raised over $410,000 and spent nearly $640,000 between April 3 and May 7.
Attorney General Hector Balderas says a controversial new question about citizenship on the U.S. Census questionnaire is illegal. Balderas joined a coalition of state attorneys general who filed a lawsuit to stop it. The attorneys general, led by New York AG Eric Schneiderman, along with the U.S. Conference of Mayors sued in federal court today, saying the question would result in an illegal undercount of the population. The fear is that the question would cause an undercounting of those that fear the federal government would use the information to arrest or even deport non-citizens. The coalition argues the U.S. Constitution calls a count to determine “the whole number of persons in each state”—and has nothing to do with a person’s legal status.
Correction: In referencing a Ms. article from 2011, this story originally said that Chris Garcia was one of the operators of an allegedly illegal website, Southwest Companions. Garcia was charged by police of being an operator of the site, which they alleged was a house of prostitution, but a state district court judge threw out all the charges. The reference has been removed. It’s rare lately for Democrats and Republicans in Congress to find consensus, though some phrases like “infrastructure” and “small businesses” still inspire legislators to declare their willingness to work together. “Sex trafficking” is another one of those.
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.
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.
As severe drought returns to New Mexico, farmers and skiers alike fret over the state’s lack of snow. Meanwhile, on a cold, cloudy Monday morning in Washington, D.C., attorneys for New Mexico, Texas, Colorado and the United States government grappled over the muddy waters of the Rio Grande. In its U.S. Supreme Court case against New Mexico and Colorado, the State of Texas says that by letting farmers in southern New Mexico pump from wells near the Rio Grande, our state has failed to send its legal share of water downstream. The water fight has some New Mexicans gnawing their nails—and not just southern farmers whose water rights could be cut if Texas prevails. See all of NM Political Report’s stories on Texas v. New Mexico to date. Monday’s oral arguments before the court, over whether the feds can intervene under the Rio Grande Compact, drew a large crowd from the Land of Enchantment.
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.