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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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Ute Reservoir Water Project (Advisory Letter)
Wednesday, April 29, 2009

Regarding a proposed water project anticipated to cost approximately $400 million that would provide water to residents of several eastern New Mexico communities

Local Moratoria on Oil and Gas Drilling (Advisory Letter)
Wednesday, April 01, 2009

Regarding recent moratoria on oil and gas drilling enacted in Santa Fe and Rio Arriba Counties

Acute Care Hospital & Critical Access Hospital (Advisory Letter)
Monday, March 23, 2009

Regarding whether the Miners’ Colfax Medical Center (“MCMC”) may change its operational status from a licensed and certified Acute Care Hospital (“ACH”) to a licensed and certified Critical Access Hospital (“CAH”) without violating United States & Antonucci v. State of New Mexico, 536 F.2d 1324 (10th Cir. 1976) (“Antonucci”)

Tax Exemption for Property Leased to a School (Advisory Letter)
Tuesday, March 03, 2009

Regarding whether the legislature may enact a tax exemption for property leased to a public school district for educational purposes

Contributions to Public Regulation Commission (“PRC”) Candidates (Advisory Letter)
Monday, February 09, 2009

Regarding possible limitations on contributions to PRC candidates

Elections to Approve the Issuance of Beer and Wine Restaurant Licenses (Advisory Letter)
Monday, February 09, 2009

Regarding a local option district election in Doña Ana County to approve the issuance of restaurant licenses for the sale of beer and wine under NMSA 1978, Section 60-6A-4 (1981, as amended through 2003) (hereinafter “Section 60-6A-4 election(s)”)

Appointment of Mr. Roman Maes to the Transportation Commission (Advisory Letter)
Wednesday, February 04, 2009

Regarding whether it was appropriate for the governor to appoint Roman Maes to the State Transportation Commission while Mr. Maes was a registered lobbyist for the State Investment Council and other public and private clients

Jurisdiction of Juvenile Traffic Offenses (Advisory Letter)
Friday, January 16, 2009

Regarding the jurisdiction over traffic offenses which are not specifically enumerated acts as set forth in NMSA 1978, Section 32A-2-3, yet are committed in conjunction with delinquent acts for which the Children’s Court does have jurisdiction

Procurement Code & Statewide Behavioral Health Services Contract with ValueOptions (Advisory Letter)
Wednesday, December 24, 2008

Regarding the application of the Procurement Code to the 2005-2008 Statewide Behavioral Health Services contract between the Behavioral Health Purchasing Collaborative (“Collaborative”) and its contractor, ValueOptions

Opinion No. 08-07 REAL ID Act (Opinion)
Monday, December 01, 2008

Questions:
1. Are States legally required to adopt and comply with the licensing standards prescribed by the REAL ID Act?
2. May the constitutionality of the REAL ID Act plausibly be challenged on the basis of federalism principles?
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