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Opinions


Official Attorney General's Opinions or informal Advisory Letters are prepared in answer to requests by legislators, state agencies, elected officials of the state, district attorneys, state boards and state commissioners.

These Opinions and Advisory Letters are prepared after a thorough review of all of the circumstances, evidence, law and precedent that relates to the request. Policy makers may ask for help in making decisions as they prepare to pass new laws, and they may rely on opinions like this. Sometimes both sides in a dispute have two very different perspectives of the law or the state constitution. In these cases the benefit of a legal opinion by the state's lawyer, an uninvolved third party, is invaluable and may save the taxpayers time in urgent situations, not to mention the enormous amount of money spent on litigation.

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Advisory Letter---Representative Lundstrom: Can state monies can be used to fund the Red Lake Head Start Program? (Advisory Letter)
Monday, January 25, 2010

Can state monies can be used to fund the Red Lake Head Start Program?

Opinion 10-01 Sec. Veronica Garcia- 7 January 10 (Opinion)
Friday, January 22, 2010

Education Secretary Dr. Veronica Garcia requested an official Opinion from Attorney General King, asking if she could legally order the creation of a new district. Dr. Garcia also asked whether she could decline a recommendation to create a new district along with other questions relating to proposed district boundaries, property, debt liability, and district voter petitions.

Advisory Letter---DA Mary Lynne Newell: Potential conflict of interest within Grant County government. (Advisory Letter)
Thursday, January 21, 2010

Questions regarding potential conflict of interest within Grant County government from DA Mary Lynne Newell.
Advisory-Railway agreement with the New Mexico Department of Transportation (Advisory Letter)
Wednesday, January 20, 2010

Representative Arnold-Jones requested an opinion regarding the agreement between BNSF Railway Company and the New Mexico Department of Transportation. Arnold-Jones received a letter rather than an offficial AG opinion.
Opinion No. 09-03 Authority of Judges to Give Oath of Office (Opinion)
Wednesday, October 14, 2009

QUESTION:
Do state judges have the authority to administer an oath of office to an elected official?

CONCLUSION:
State judges may administer an oath of office to an elected official.

Opinion Request – TRD E-Portal (Advisory Letter)
Thursday, July 30, 2009

Regarding the legality of the New Mexico Portal Project Request for Proposals (“RFP”) issued on January 16, 2009 by the New Mexico Taxation and Revenue Department (“TRD”)
Juvenile Transport Responsibilities and Costs (Advisory Letter)
Wednesday, July 29, 2009

Complete review of questions relating to the transport of juveniles to a juvenile detention facility
Utilization of Hearing Officers by Local School Boards for Termination and Discharge Hearings Held Pursuant to the School Personnel Act (Advisory Letter)
Monday, July 27, 2009

Regarding whether an attorney who represents a school district may serve as hearing officer at a termination hearing requested by a tenured school district employee under the School Personnel Act, NMSA 1978, Sections 22-10A-24 to -27
Opinion No. 09-02 Holding of Two Elected Offices Simultaneously (Opinion)
Monday, July 27, 2009

If a person currently holding the elected position of Rio Rancho City Councilor is subsequently elected to the office of Sandoval County Assessor, may that person hold both positions simultaneously?
Gift Act and Campaign Reporting Act (Advisory Letter)
Thursday, July 23, 2009

Regarding the application of the Gift Act, NMSA 1978, Sections 10-16B-1 to -4 and Campaign Reporting Act, NMSA 1978, Sections 1-19-25 to –37
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