Statutory Authority
The following is a general overview of the Attorney General’s statutory responsibilities.
To review the applicable statutes in their entirety, visit
Statutes and Constitution of the State of New Mexico.
Sections 8-5-1 through 8-5-15 NMSA 1978
The Attorney General is an elected Executive Officer and is required to be a licensed
attorney. The Attorney General also serves as head of the Department of Justice.
The Attorney General functions as the state's chief legal officer; legal counsel
to state government; consumer advocate; and guardian of the public interest. According
to the state’s constitution and statues, the Attorney General:
- Is fifth in succession to the Office of Governor, after the Speaker of the House;
- Provides upon request, legal opinions and advice to the Lieutenant Governor;
- Represents the state before any courts or agencies when the public interest requires
or at the request of the Governor;
- Prosecutes and defends all causes in the Supreme Court, Court of Appeals, or any
other court or tribunal in which the state is a party or is interested;
- Prosecutes and defends all actions and proceedings involving any state employee
in his/her official capacity;
- Provides upon request, written legal opinions to the Legislature, any state official,
or any District Attorney on any subject pending before one of these officials, and
keeps a register of all opinions rendered and all action prosecuted and defended;
- Accounts to the State Treasurer for all funds received;
- Prepares upon request, drafts for contracts, bonds, and other instruments of writing
as required for use by the state;
- At the Governor’s direction, attends and assists “in the trial of indictment
or information in any county;”
- May act on behalf of a county in a criminal or civil case if the District Attorney
fails or refuses to act;
- Appoints deputies, assistants, peace officers and other employees as needed;
- Represents residential and small business consumers in matters before the Public
Regulation Commission;
- Maintains the Guadalupe Hidalgo Treaty division to review, oversee and address concerns
relating to the provisions of the Treaty;
- Reports annually to the Governor and the legislature “the condition of his
office, the text of all opinions rendered and a summary of business transacted of
public interest; and
- Performs “all other duties required by law.”