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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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Opinion No. 08-06 Concurrent Prosecution of Criminal Charges in Magistrate, Municipal and District Courts (Opinion)
Thursday, November 06, 2008

Questions:
1. May a municipal peace officer refer criminal charges to a magistrate or district court or is the officer required to enforce concurrent violations of state law and municipal ordinances in municipal courts?
2. Does a state “comprehensive legislative scheme” encouraging the use of local courts preempt a municipal attorney from prosecuting concurrent violations of state law and municipal ordinances in magistrate courts?...

Regulation of Fireworks (Advisory Letter)
Thursday, November 06, 2008

Regarding what type of regulatory powers a municipality or county (“local government”) has over aerial and ground audible devices under Section 60-2C-7(C) of the Fireworks Licensing and Safety Act, NMSA 1978, ch. 60, art. 2C (1989, as amended through 2007) (“Act”)

Proposed Deletions within NMSA 1978, Section 59A-30-1 (Advisory Letter)
Wednesday, November 05, 2008

Whether deleting one or both of the last two sentences from Section 59A-30-11(A) in the New Mexico Title Insurance Law (“Act”), NMSA 1978, §§ 59A-30-1 to 15 (amended through 1999), would remove the current negligence liability exemption

Challenges to Qualifications of Voters (Advisory Letter)
Wednesday, October 22, 2008

Regarding whether the New Mexico Election Code permits an election challenger stationed at the polls to challenge a voter presenting himself to vote based on the belief that the voter does not reside at the address listed on his/her voter registration

Overseas Voters (Advisory Letter)
Tuesday, October 21, 2008

Regarding the voting rights of New Mexico residents who are temporarily residing overseas and who are working with the United States Department of Defense

Confidentiality of Affidavit Required under NMSA 1978, Section 7-38-12.1 (Advisory Letter)
Wednesday, October 08, 2008

Regarding the permissible uses of information contained in affidavits filed in connection with real property transfers under Section 7-38-12.1 of the Property Tax Code, in particular whether county assessors are allowed to use sales information obtained under that provision in official county protest hearings

Appropriations for a Community Center (Advisory Letter)
Monday, October 06, 2008

Regarding the status of four legislative appropriations authorizing money for projects in Socorro, New Mexico

Gift Act and Participation in Charitable Events (Advisory Letter)
Wednesday, October 01, 2008

Regarding the Gift Act, NMSA 1978, Sections 10-16B-1 to –4 (2007), and the appropriate calculation of the value of a gift given by a restricted donor