NM Supreme Court slaps down legislative suit over vetoes

The New Mexico Supreme Court denied the Legislature’s lawsuit against  Gov. Susana Martinez for her line-item budget vetoes, saying that the case is “not ripe for review.”

Their denial was announced Thursday morning, a day after the Legislature filed its response to the governor’s filing. All five members of the Supreme Court concurred with the order. Now, legislators and the governor will have to battle over the vetoes in a special legislative session, which Martinez called to begin on May 24. Note: This is a breaking news story and more information will be added as it comes in. The Legislature sued over line-item vetoes of the entire legislative and higher education budgets.

Gov. Martinez asks high court to dismiss veto case

Attorneys for Gov. Susana Martinez argued to the New Mexico Supreme Court that a legal challenge of her sweeping line-item budget vetoes should be dismissed. At a minimum, her lawyers argued last week, the case should be postponed until an upcoming special legislative session is complete. In response to a motion filed by the Legislative Council last month, Martinez’s lawyer Paul Kennedy argued that the governor did not exceed her power as governor when she vetoed the entire budgets for the Legislature and higher education. Kennedy, who has a high dollar contract with Martinez’s office, challenged the Legislature’s notion that the governor cannot legally veto two entire budgets. Related story: Gov’s office cites complex questions from reporters, busy schedule as defense in lawsuit

“The question presented is whether, during the bill-review period following a regular session of the Legislature, the Governor can veto items pertaining to the Legislature and state educational institutions in a general appropriations bill for the subsequent fiscal year without violating the principle of separation of powers,” Kennedy wrote.

Date set for oral arguments in Legislature’s suit against Guv

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.

State Supreme Court upholds closed primary system

An attempt to open primaries failed after the state Supreme Court ruled against an Albuquerque resident. David Crum, who is registered to vote but is not affiliated with any political party, sought to end the closed primary system, saying it violates a portion of the state constitution. The State Supreme Court upheld a district court ruling dismissing the case, saying that the current restrictions requiring that primary voters be registered with a major political party at least 28 days before the primary and only allowing voters to vote in primaries of that party were “reasonably modest burdens which further the State’s interests in securing the purity of and efficiently administering primary elections.”

The Republican Party of New Mexico opposed Crum’s suit and said it would “unconstitutionally infringe on RPNM’s freedom of association,” according to the Supreme Court ruling. A state district court agreed and granted the party’s motion to dismiss. Crum appealed the dismissal, prompting the Supreme Court to review the case.

We must properly fund New Mexico’s court system

New Mexico’s courts face a funding crisis that threatens to undermine the judiciary’s ability to protect our rights by delivering timely justice. We must act now to prevent further damage. As Supreme Court Chief Justice Charles Daniels recently told a legislative committee, “We are now basically on life support through the end of this fiscal year.”
Pete Campos is a Democratic state senator who represents the Las Vegas area. In courthouses across the state, New Mexicans can see the corrosive effects of budget cuts and underfunding of the judiciary. Most magistrate courts are closed to the public for at least half a day each week because the courts are unable to fill vacant staff positions.

Copper rule case awaits resolution

The New Mexico Supreme Court heard oral arguments on a rule related to the state’s regulation of groundwater beneath copper mines last fall. There’s no saying exactly when the court, which heard the case at the end of September, will issue its opinion. But it could be this year. This comes as the price of copper is on the rise after two years of declines. At the end of last year, the metal rallied—and some analysts expect it to do well in 2017.

Supreme Court to weigh expanding online court records access to press

The New Mexico Supreme Court is set to decide whether or not to extend online access of court records to journalists next month. While some praise the proposed change as a move toward more transparency, others cite a growing distrust of news media as a reason for access to remain the same. Most court records are already available to the public, but only in-person through the clerk’s office in respective court houses. Online court records are only available to lawyers and court officials. The proposed rule would allow journalists, law enforcement officials and people representing themselves in court to apply for online access to court records.

Poll: Clinton up by 5 in NM as Election Day nears

A poll by Research and Polling, Inc. for the Albuquerque Journal released Sunday shows Democratic presidential nominee Hillary Clinton leads Republican presidential nominee Donald Trump by 5 percent in New Mexico, days before Election Day. Research and Polling, which conducts polls for the Journal, is the only pollster that uses live interviews to poll in New Mexico this year. The poll, conducted from Nov. 1 to 3, shows 45 percent of likely voters say they will vote for Clinton, while 40 percent say they will vote for Trump. Former Gov. Gary Johnson, the Libertarian nominee, saw his support fall to 11 percent.

Courts announce budget reductions, say further would have big consequences

The Administrative Office of the Courts announced cost-cutting measures designed to help balance the state budget amid the current crisis. Further cuts, however, would be painful and impact the courts, according to the state Supreme Court Chief Justice. The announcement Tuesday said the judiciary will reduce spending by about $500,000 by dropping the mileage reimbursement for travel. The reduced reimbursements will affect “judges, staff, jurors, interpreters and court-ordered witnesses,” according to the press release. Beginning Oct.

Farmworkers win workers comp protections

In an opinion that left no room for doubt, the New Mexico Supreme Court said Thursday that farm and ranch laborers in the state are entitled to Workers’ Compensation insurance protection and that farm and ranch owners have to cover them. And those workers are entitled to that protection even though the state Legislature has excluded them from the Workers’ Compensation law as a way to protect the agricultural industry, the court said. This piece originally appeared on the ABQ Free Press website and is reprinted with permission. “We conclude that there is nothing to distinguish farm and ranch laborers from other agricultural employees and that purported government interests such as cost savings, administrative convenience, and other justifications related to unique features of agribusiness bear no rational relationship to the Act’s distinction between these groups,” said the opinion written by Justice Edward Chavez. “This is nothing more than arbitrary discrimination and, as such, it is forbidden by our Constitution.