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Is Richard D. Flores, the newly elected District Attorney in the Fourth Judicial District, who worked in private practice with an attorney presently representing a defendant in a capital case (including representing the defendant at least once at a hearing), subject to disqualification from the prosecution of that case? If the District Attorney is disqualified, are other members of his DA office similarly disqualified? January 14, 2005 The incoming District Attorney, Richard D. Flores, and all members of his District Attorney’s office, are clearly disqualified from prosecuting the death penalty case against the District Attorney’s and his colleague’s former client. Any involvement by DA Flores or his staff would jeopardize any conviction obtained in the prosecution of Robert Young for the murder of Ralph Garcia Opinion Open 
Is Richard D. Flores, the newly elected District Attorney in the Fourth Judicial District, who worked in private practice with an attorney presently representing a defendant in a capital case (including representing the defendant at least once at a hearing), subject to disqualification from the prosecution of that case? If the District Attorney is disqualified, are other members of his DA office similarly disqualified? January 14, 2005 The incoming District Attorney, Richard D. Flores, and all members of his District Attorney’s office, are clearly disqualified from prosecuting the death penalty case against the District Attorney’s and his colleague’s former client. Any involvement by DA Flores or his staff would jeopardize any conviction obtained in the prosecution of Robert Young for the murder of Ralph Garcia Opinion Open 
Legislative Authority to Create a Statewide Charter School for the Arts: Part Two January 25, 2007 Applying the same analysis, we believe the governing body of a proposed statewide charter school may offer room and board to its residential students on a sliding scale, provided the Legislature vests the governing body with the statutory authority to charge for room and board and the students to whom discounted room and board is offered have demonstrated financial need. Advisory Letter Open 
Is it appropriate for state universities to contribute to the state salaries of cabinet officers appointed by the Governor? December 7, 2007 Contributions by state universities to executive department officer salaries are consistent with the New Mexico Constitution only if the legislature appropriated the contributions for that purpose or if the contributions are paid in exchange for services the cabinet officers perform for the universities. Even if the contributions are constitutional, the state universities' employment of cabinet officers whose agencies oversee activities of the universities raises conflict-of-interest concerns, including under the Governmental Conduct Act, NMSA 1978, ch. 10, art. 16 (1967, as amended through 2007), which may require the cabinet officers to relinquish their university positions. Opinion Open 
Clandestine Drug Laboratories Rules May 19, 2008 Accordingly, we believe that the Board has sufficient authority under the Act to promulgate regulations concerning the environmental remediation of illegal clandestine drug laboratories.Accordingly, we believe that the Board has sufficient authority under the Act to promulgate regulations concerning the environmental remediation of illegal clandestine drug laboratories. Advisory Letter Open 
Lawfulness of Closing the High Plains Aquifer to New Appropriations March 16, 2011 Does the State Engineer's action in prohibiting the drilling of new watcr wells in Curry and Roosevelt Counties unlawfully abridge the water rights of those residents who hold land patents issued pursuant to the federal Homestead Act of May 20, 18627 Advisory Letter Open 
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