Opinions List
| Question | Date | Conclusion | Type | Link |
|---|---|---|---|---|
| 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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