ByJohn Arthur Smith, Steven P. Neville, Mary Kay Papen |
We and other legislators had hoped that the regents of New Mexico State University, in accepting the recently announced retirement of Chancellor Garrey Carruthers’ at the end of his contract next year, nonetheless would ask him to stay on for two more years. Chancellor Carruthers’ record of vision and leading the institution is outstanding, and big challenges lie ahead. The university needs him. Senator John Arthur Smith (D-35-Doña Ana, Hidalgo, Luna, Sierra) is the Chair of the New Mexico Senate Finance Committee. Senator Steven P. Neville (R-2-San Juan) serves on the New Mexico Senate Finance Committee.
A judge ruled that ten of Gov. Susana Martinez vetoes from this year’s legislative session were invalid–and ordered that the bills become law. Earlier this year, the Legislature sued the governor, arguing she failed to follow the state constitution by not providing an explanation of her vetoes. Judge Sarah Singleton in the 1st Judicial District Court made the decision Friday. “We’re disappointed in this decision because there is no question the governor vetoed these bills,” spokesman Joseph Cueto said in an email Friday afternoon. “It’s telling how some in the legislature love running to the courts when they know they don’t have the support to override a veto.”
Senator Mimi Stewart of Albuquerque recently was named New Mexico’s single most effective legislator – indeed, one of the most effective lawmakers in any state – by FiscalNote. The national, non-partisan organization knows what it is talking about, representing many of the most successful Fortune 500 corporations. Most recipients of the award were Republicans. It was given on how successful a legislator is at sponsoring and steering legislation through each crucial step of the legislative process, all the way through enactment. This complex process requires strong bipartisan skills, and often goes completely unnoticed by the general public.
Without much drama or even an attempt to override Gov. Susana Martinez’s vetoes of tax increases, legislators ended a special session where a budget deal became law. The legislators in both chambers came to order around 1 p.m. on Tuesday after recessing ahead of the holiday weekend. The legislators recessed last Thursday rather than adjourn after passing bills related to the budget and taxes. Staying in session while recessed meant Martinez had to make a decision on legislation to three days instead of 20 days. Martinez ultimately signed legislation on Friday reinstating funding for higher education and the state Legislature, both of which she vetoed entirely after the regular Legislative session earlier this year.
Questions on what can be accomplished during a special session linger even as legislators head to Santa Fe today. The main priority for legislators is a budget. Legislators must pass a new budget after Gov. Susana Martinez vetoed the entire budgets of higher education and the Legislature. If a new budget isn’t passed before the start of the next fiscal year, which begins on July 1, New Mexico community colleges and universities will have no money. But Martinez also wants legislators to address a massive tax overhaul and confirm two University of New Mexico regents.
University of New Mexico Regent Jack Fortner resigned after nearly two decades in the position. The Farmington attorney submitted his resignation Tuesday, the day before a special legislative session in which Gov. Susana Martinez wants senators to confirm two new UNM regents. In a short resignation letter on his law firm’s letterhead, Fortner said he was “humbled and proud” to have been part of the UNM legacy. “I am grateful to have had the opportunity to serve my alma mater for nearly twenty years, and to have been able to contribute in various leadership roles to work to make our state’s flagship university an even more nationally recognized center of academics, research, medicine, and athletics,” Fortner wrote. Martinez had nominated Fortner’s replacement, and another regent to replace Brad Hosmer, but the Senate Rules Committee never held confirmation hearings for either.
The Legislative Council’s attorney in the lawsuit against Gov. Susana Martinez is stepping down from the case, just a day after the state Supreme Court agreed to hear oral arguments on the case. The case is challenging Martinez’s line-item vetoes to a state budget passed last month by the state Legislature. Late Monday, Thomas Hnasko filed a motion to withdraw from the case, which lists Martinez and Department of Finance and Administration Secretary Duffy Rodriguez as defendants. Hnasko is recusing himself because of a “perceived conflict of interest” and a request from the Risk Management Division of the state General Services Department. The motion says other attorneys at Hnasko’s firm, Hinkle Shanor LLP, “have been retained by [Risk Management] to defend designated state entities and employees against monetary damage and equitable claims asserted against those entities and employees.”
In a joint statement, Senate President Pro Tem Mary Kay Papen, D-Las Cruces, and House Speaker Brian Egolf, D-Santa Fe, said they believed there was no conflict.
The New Mexico Supreme Court scheduled oral arguments in the lawsuit filed by the state Legislature against Gov. Susana Martinez over some line-item vetoes she made to the state budget. The oral arguments will take place May 15 at 9 a.m. Ahead of this, the court ordered the governor’s office to submit a response to the suit by May 5. The Legislature will be allowed to file a reply by May 10. Also, the court asked the New Mexico Council of University Presidents to file a brief as part of the lawsuit by May 5. At issues are two large line-item vetoes Martinez made to the budget, one cutting the entire higher education budget and the other cutting the entire budget of the Legislature.
The New Mexico Legislature filed a lawsuit against Gov. Susana Martinez Friday morning. The suit accuses Martinez of violating the state constitution when she vetoed the entirety of the budgets for the state Legislature and all higher education in New Mexico. Filed by the Legislative Council’s lawyer Tom Hnasko, the lawsuit calls the line-item veto of legislative funding an “attempt to eviscerate the ability of the other branch [of government] to perform its essential functions.”
In his filing, Hnsako asks the court to invalidate Martinez’s line-item vetoes of both the Legislature and higher education. “They’re suing the Governor because they want to raise taxes, and she’s the only one standing in their way,” Martinez spokesman Michael Lonergan said in a statement. “It’s disappointing because it shows a refusal to compromise as this is nothing but an attempt to bully her by short-circuiting the legislative process before a special session.
The New Mexico Legislative Council voted to sue Gov. Susana Martinez over some of her controversial budget vetoes and is planning for an extremely rare extraordinary session. “Following the legal briefing given by attorneys to the Legislature, the Legislative Council has made the decision to officially begin the legal process necessary to ensure the state constitution is upheld,” Senate President Pro Tem Mary Kay Papen said in a statement. “As legislators we take our oath to support the constitution and the laws of the state seriously. A strong system of checks and balances is crucial to the success of our democracy.”
It’s unclear how individual members voted. Democrats hold a 9-7 advantage on the panel, which is made up of members of both chambers.