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    • About Raúl Torrez
    • Mission and Vision
  • About the Office
    • Criminal Affairs
      • Special Investigations
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      • ICAC Task Force
      • Special Prosecutions
      • Criminal Appeals
      • Medicaid Fraud Control Unit
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      • Victim Services
    • Civil Affairs
      • Advocacy and Intervention
      • Charities
        • Charity Registration FAQ
      • Consumer & Environmental Protection
      • Litigation
      • Open Government
      • Treaty of Guadalupe Hidalgo Division
      • Attorneys General & Land Grant-Merced and Acequia Historical Gallery and Repository
        • Land Grant-Merced and Acequia Historical Gallery & Repository
        • New Mexico Land Grant-Mercedes
        • New Mexico Acequias
        • Digital Media Repository
      • Legislative Affairs
      • Financial Control
      • Human Resources
        • Job Openings
      • Training and Professional Development
        • Community Safety Awareness
  • Taking Action
    • Community Safety Awareness
    • Cyber Security
      • Equifax 2017 Data Breach Settlement
    • Fighting the Opioid Crisis in New Mexico
    • Community Outreach
  • Protect Yourself
    • Scams and Fraud
    • Survivors of Sexual Abuse
    • Car Buying Tips
    • Identity Theft
    • Warning Signs of Prescription Drug Abuse
    • For Profit Colleges Closure Information
      • ITT Closure
      • Corinthian College Closure
    • Limit App Tracking
  • Get Help
    • Consumer Complaint Instructions
    • Investigations Complaint
    • Report Medicaid Fraud
    • Public Records Inspection Request
    • OMA and IPRA Complaints
    • Tobacco Manufacturers Directory
    • Tobacco Forms
    • Other Agency Resources
    • Consumer Protection
    • Open Meetings Act
    • Inspection of Public Records Act
  • Resources
    • Press Releases
    • Attorneys General – 1846 to 2023
    • Publications
      • Opinion Request – Preliminary Approvals Under the Water Use Leasing Act
      • Texas v. New Mexico and Colorado
      • OMA and IPRA – NM Sunshine Laws
      • 1.24.25 NMAC Default Procedural Rule for Rulemaking
      • Tobacco Master Settlement Agreement
      • Charitable Solicitations Act
      • Opinions and Advisory Letters
      • 2013 Behavioral Health Audit
      • Search and Seizure Manual
      • Attorney General Advisory on Janus Decision
      • Study Law Enforcement Body Camera Issues Stakeholders Summary Report
    • Annual Reports
    • Public Service Announcements
    • Requests for Proposals / Contracts
    • Community Outreach
    • Community Safety Awareness
      • Elementary School Level Resources
      • Middle School Level Resources
      • High School Level Resources
      • Parent/Guardian & Staff Level Resources
Hector Balderas portrait

Attorney General

Raúl Torrez

Litigation

The Litigation Division works to protect the citizens of New Mexico and the state treasury by initiating lawsuits on behalf of the State. The Division also provides professional and effective legal representation to state officials and state agencies. Additionally, the Division conducts administrative prosecutions that further the policy goals of the various state Boards and Commissions while protecting the due process of licensees. The Division’s core practice areas are:

Civil Litigation

This Litigation Division litigates civil matters on behalf of the State and the public interest, and defends state entities in civil matters in both state and federal courts. This representation includes defending challenges to state statutes and regulations, as well as representation of judges and state officers when they are sued in their official capacities in non tort-related claims or when the authority of the courts is challenged.

Enforcement of the Fraud Against Taxpayers Act

The Division is particularly active in pursuing recovery for New Mexico taxpayers, and works confidentially with whistleblowers who identify fraud and false claims which deplete the public treasury. Under state law, the Attorney General has the power to seek recovery of three times the amount of misused funds and to impose monetary penalties for fraud. These mechanisms aid the Attorney General in making taxpayers whole and in deterring false claims against the State.

Antitrust Section

The Litigation Division represents the State of New Mexico in a variety of legal matters related to the enforcement of New Mexico’s antitrust laws. This work is intended to ensure fair competition among businesses and to protect consumers. In antitrust matters, the Division often collaborates with the United States Department of Justice, the Federal Trade Commission, and other state attorneys general. Antitrust matters handled by the Lititgation Division include lawsuits to enforce New Mexico’s Antitrust Act, reviews of proposed mergers and acquisitions for any anti-competitive effects, and investigations of potential violations of antitrust laws.

Bankruptcy Section

As the Attorney General’s bankruptcy counsel, the Division takes the lead in representing the State and its various agencies in major national bankruptcy actions. On the local level, by inter-agency agreement, the Division represents the Taxation and Revenue Department in matters pending before the New Mexico Bankruptcy Court, where more than 8,000 New Mexico taxpayers seek relief in a typical year.

Administrative Prosecutions

The Division serves as administrative prosecutor to approximately 30 state boards and commissions which regulate licensed professions. A majority of these prosecutions are for violations of the Uniform Licensing Act or related laws. Sanctions range from fines to revocation of state-issued licenses. The Division also seeks injunctions in state court against individuals or organizations that refuse to become licensed by the appropriate state agencies.

Please note: complaints against individual licenses should be made to the relevant Board or Commission, or to the Regulation and Licensing Department.

Tobacco Enforcement

The Attorney General is charged with enforcement of the Master Settlement Agreement, a 1998 agreement between many of the cigarette manufacturers and 46 states including New Mexico. The Division enforces the agreement by filing lawsuits against cigarette companies that fail to abide by their legal obligations; auditing escrow payments made by non-participating manufacturers for sales in the state; requiring compliance by the manufacturers to the statutory reporting requirements; and working closely with the Taxation and Revenue Department to assure that sales are compliant and escrows are paid. Further, the Division maintains and continually updates the statutorily required tobacco webpage directory so that all currently compliant manufacturers and brands are listed for public view.

Service of Process

The Division accepts summons, complaints, and other legal documents alleging civil causes of action against the state, a state agency, or a state official or employee acting in an official capacity. Service must be made pursuant to the Rules of Civil Procedure upon:

Office of the Attorney General
​Litigation Division
Galisteo Street
Santa Fe, NM 87504

(505) 490-4060

The Division does not accept subpoenas unless they are for the Division itself. The Office of the Attorney General cannot guarantee the appearance of witnesses, nor the provision of documents or other items customarily required by a subpoena.

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Latest News

Attorney General Raúl Torrez Announces the Passage of Senate Bill 426 Creating the First Ever Civil Rights Division Within the Attorney General’s Office

March 18, 2023FOR IMMEDIATE RELEASE Santa Fe, NM – Today, the New Mexico legislature passed Senate Bill 426 establishing the first-ever dedicated Civil Rights Division within the New Mexico Attorney General’s Office. The legislation confers broad authority on the...

Former Chaves County Sheriff’s Deputy Convicted at Trial of Multiple Felonies for Receiving Public Money For Services Not Rendered

March 15, 2023FOR IMMEDIATE RELEASE Roswell, NM – Fifth Judicial District Court Judge Jane Shuler-Gray found former Chaves County Sheriff’s Deputy James E. Johnson guilty of five felony counts of receiving public money for services not rendered following a bench trial...

Attorney General Raúl Torrez, Multistate Coalition Push Back Against Ongoing Effort to End DACA

March 13, 2023FOR IMMEDIATE RELEASE Albuquerque, NM – Attorney General Raúl Torrez joined a coalition of 22 attorneys general, led by California and New York, in an amicus brief pushing back against the ongoing, misguided effort led by Texas to end the Deferred...

Attorney General Raúl Torrez Files Motion to Protect Ratepayers and Prevent PNM From the Untimely Issuance of Energy Transition Bonds

March 10, 2023FOR IMMEDIATE RELEASE Santa Fe, NM – Today, Attorney General Raúl Torrez filed a motion with the New Mexico Public Regulation Commission (PRC) to enforce the terms of the Energy Transition Act (ETA) and protect utility ratepayers from the Public Service...

Attorney General Raúl Torrez Files Supplemental Briefing in Fight to Preserve Abortion Access In New Mexico

March 8, 2023 FOR IMMEDIATE RELEASE Santa Fe, NM – The New Mexico Attorney General’s Office filed a supplemental briefing in support of its petition asking the New Mexico Supreme Court to prohibit local governments from denying access to reproductive healthcare.  On...

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