Litigation FAQs
Can the Litigation Division of the Attorney General’s Office represent
me?
No. The Office of the Attorney General has been given no statutory authority
to represent private citizens or prison inmates in any way. The AG’s
Office only represents state governmental agencies, judges and state officials (but
only in matters concerning performance of their official duties) in non tort related
cases. (All tort matters are handled by the Risk Management Division of the
General Services Department.)
Can the Litigation Division intercede on my behalf with other state agencies?
As discussed above, the AG’s office has no statutory authority to intervene
or intercede on behalf of a private citizen. Requests of this kind are best
directed to:
- Your own attorney
- The Secretary of the agency in question (Link to NM State Agencies)
- The Corrections Department – (505)-827-8709
- The Governor’s Office (re: state agencies) – (505)-827-3000
- The Public Defender Dept. (criminal complaints) (505)-827-3931
- The Disciplinary Board (attorney malpractice) – (505)-842-5781
- The Judicial Standards Commission (judicial malpractice) – (505) -841-9438
- The State Bar Association services – (505)-767-9000 or (800)-876-6227 or www.nmbar.org.
We will, however, be glad to try to direct your call or assist you as best we can.
The AG accepts all service of process, right?
Service of process* is accepted by personal delivery or by any means allowed pursuant
to the rules of civil procedure, to the Litigation Division, 408 Galisteo Street,
Santa Fe, New Mexico 87504. The main phone number is (505) 827-6000. Personal
service should not be made by a party to the case.
We do not accept subpoenas of any kind, unless they are for the Litigation Division
itself. We have no statutory authority to guarantee the appearance of witnesses,
nor the provision of documents or other items customarily required by a subpoena.
(* service of process is the receipt of an official summons or other document declaring
civil wrongdoing or injury against another and demanding restitution or judgment
in court. By law, the AG’s office must be served with any legal actions
involving the state (other than subpoenas) or the action is not deemed properly
served.)
How do I file a complaint against a person licensed to practice
in the State of New Mexico?
Complaints against licensed individuals or persons who should be licensed, who are
practicing in the State can be made by contacting the Regulation and Licensing Division,
via e-mail to www.rld.state.nm.us, or
by phone to 1-800-825-6639.
If I have filed a complaint with a licensing board, what do I do next?
After you file a complaint, the Board will decide whether the complaint merits disciplinary
action. IF the Board decides your complaint does merit disciplinary action,
the matter will then be referred to this office. An assistant attorney general
may be in contact with you to discuss the case. However, it is important to
note that we do not always seek, nor are we required to seek, restitution for any
damages caused by the actions of the licensee against whom your complaint was made. Disciplinary
actions taken may range from a supervised probationary period, suspension of license
to practice, or ultimately, their license may be revoked as well as administrative
files assessed against them. The fines assessed are to cover the costs of the
investigation and hearings before the Board.
List of web addresses for the FAQs above:
NM State Agencies
Corrections Department
Governor’s Office
Public Defender Department
Disciplinary Board
Judicial Standards Commission
State Bar Association
Regulation & Licensing Division