Attorney General

NMSA 1978 ch. 8, art. 5

in effect

NMSA 1978, § 8-5-1 [Creation of department of justice.]

8-5-1. [Creation of department of justice.] That the department of justice be, and same is hereby created, with the attorney general as head thereof, which shall be located at the seat of government. Laws 1933, ch. 21, § 1; 1941 Comp., § 3-301; 1953 Comp., § 4-3-1.

NMSA 1978, § 8-5-2 Duties of attorney general

8-5-2. Duties of attorney general Except as otherwise provided by law, the attorney general shall: A. prosecute and defend all causes in the supreme court and court of appeals in which the state is a party or interested; B. prosecute and defend in any other court or tribunal all actions and proceedings, civil or criminal, in which the state may be a party or interested when, in his judgment, the interest of the state requires such action or when requested to do so by the governor; C. prosecute and defend all actions and proceedings brought by or against any state officer or head of a state department, board or commission, or any employee of the state in his official capacity; D. give his opinion in writing upon any question of law submitted to him by the legislature or any branch thereof, any state official, elective or appointive, or any district attorney on any subject pending before them or under their control with which they have to deal officially or with reference to their duty in office; E. prepare drafts for contracts, bonds and other instruments of writing which may be required for the use of the state whenever requested to do so by any state officer; F. promptly account to the state treasurer for all state funds received by him; G. report to the governor and legislature the condition of his office, the text of all opinions rendered and a summary of business transacted of public interest, which report shall be submitted each year; H. keep a register of all opinions rendered and all actions prosecuted and defended by him, and of all proceedings in relation thereto; I. attend and assist in the trial of any indictment or information in any county on direction of the governor; J. appear before local, state and federal courts and regulatory officers, agencies and bodies, to represent and to be heard on behalf of the state when, in his judgment, the public interest of the state requires such action or when requested to do so by the governor; and K. perform all other duties required by law. Laws 1933, ch. 21, § 2; 1941 Comp., § 3-302; 1953 Comp., § 4-3-2; Laws 1966, ch. 28, § 15; 1975, ch. 327, § 1.

NMSA 1978, § 8-5-2.1 Attorney general; legal service fees for state agencies

8-5-2.1. Attorney general; legal service fees for state agencies The attorney general may charge state agencies, as defined herein, for the provision of legal services in noncriminal cases requested by the agencies according to a fee schedule approved by the department of finance and administration. For the purpose of this section "state agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and every office or officer thereof. Laws 1980, ch. 2, § 1.

NMSA 1978, § 8-5-3 [Action in civil and criminal cases.]

8-5-3. [Action in civil and criminal cases.] That upon the failure or refusal of any district attorney to act in any criminal or civil case or matter in which the county, state or any department thereof is a party or has an interest, the attorney general be, and he is hereby, authorized to act on behalf of said county, state or any department thereof, if after a thorough investigation, such action is ascertained to be advisable by the attorney general. Provided, that the attorney general shall, upon direction of the governor, investigate any matter or matters in any county of the state in which the county, state or any department may be interested. After such investigation, the attorney general be, and he is hereby authorized to take such action as, in his opinion, conditions warrant. The cost of such investigation shall be paid out of the general fund of the county wherein such investigation shall have been made, and the costs of any prosecution arising out of such investigation shall be paid as are the costs in cases prosecuted by district attorneys. Laws 1933, ch. 21, § 3; 1941 Comp., § 3-303; 1953 Comp., § 4-3-3.

NMSA 1978, § 8-5-4 [Employment of legal assistance for departments.]

8-5-4. [Employment of legal assistance for departments.] No compensation shall be allowed to any person for services as an attorney or counsellor [counselor] to any department of the state government, or the head thereof, or to any state board or commission, except in cases specially authorized by law, but special legal assistance, may be employed by the attorney general, under his direction and control, at a reasonable compensation, in any pending action or proceeding to protect the interest of the state, with the consent and approval of the governor upon showing made by the attorney general that his department cannot for reasons stated perform such services. The costs of such special legal assistance shall be paid by the department out of which such suit or proceeding originated. Laws 1933, ch. 21, § 4; 1941 Comp., § 3-304; 1953 Comp., § 4-3-4.

NMSA 1978, § 8-5-5 Assistant attorneys general; other employees; appointment

8-5-5. Assistant attorneys general; other employees; appointment A. The attorney general may appoint a deputy attorney general and as many other assistant attorneys general together with stenographic, clerical and other necessary employees on a full- or part-time basis, at salaries to be fixed by him within budget allowances and appropriation limits, as the business of the department shall require and who shall hold office at the pleasure of the attorney general. The deputy attorney general and the assistant attorneys general shall, subject to the direction of the attorney general, have the same power and authority as the attorney general. B. Within legislative appropriations, the attorney general may appoint full-time salaried members of his staff as peace officers for the full-time investigation of violations of, and, and the full-time enforcement of, the criminal laws of the state. These employees shall comply with the certification provisions of Section 29-7-8 NMSA 1978 [repealed]. Laws 1933, ch. 21, § 5; 1941 Comp., § 3-305; 1953 Comp., § 4-3-5; Laws 1955, ch. 119, § 1; 1965, ch. 214, § 1; 1979, ch. 356, § 1; 1988, ch. 92, § 1.

NMSA 1978, § 8-5-6 Opinions and report

8-5-6. Opinions and report The New Mexico compilation commission shall receive all opinions and advisory letters of the attorney general and shall maintain the attorney general's opinions and advisory letters as part of the master database of the commission. The attorney general shall provide the commission with an electronic copy of all opinions and advisory letters as issued in a format mutually agreed upon by the commission and the attorney general. 1978 Comp., § 8-5-6, enacted by Laws 1979, ch. 106, § 1; 1982, ch. 7, § 1; 2019, ch. 74, § 1.

NMSA 1978, § 8-5-15 [Representation of officer, deputy, assistant, agent or employee of state or state institution.]

8-5-15. [Representation of officer, deputy, assistant, agent or employee of state or state institution.] The attorney general of New Mexico is directed to act, if requested, as attorney for any officer, deputy, assistant, agent or employee of the state or of a state institution in the event such person is named as a party in any civil action in connection with an act growing out of the performance of his duty; provided, however, this section shall not apply to any suits or proceedings on behalf of the state against such person. 1953 Comp., § 4-3-16, enacted by Laws 1959, ch. 45, § 1.

NMSA 1978, § 8-5-17 Attorney general; consumer representation before commission

8-5-17. Attorney general; consumer representation before commission A. The attorney general shall represent residential and small business consumers in matters before the public regulation commission as the attorney general deems appropriate. B. The attorney general: (1) shall research, study and analyze residential and small business consumer interests; (2) shall prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential and small business consumers before the public regulation commission as a party in interest; (3) may accept grants and donations in the name of the state to carry out the provisions of this section; (4) may cooperate with tribal and pueblo governments in New Mexico to ensure that the interests of Indian residential and small business consumers are being represented appropriately before the public regulation commission; and (5) shall report by December 1 of each year to the legislature and the governor on the activities of his office on behalf of residential and small business consumers. Laws 1998, ch. 108, § 22.

NMSA 1978, § 8-5-18 Guadalupe Hidalgo treaty division

8-5-18. Guadalupe Hidalgo treaty division A. The "Guadalupe Hidalgo treaty division" is created within the office of the attorney general. The division shall review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Article 2, Section 5 of the constitution of New Mexico and Section 47-1-25 NMSA 1978. B. The division shall consist of such personnel and have such duties as the attorney general shall designate. C. The attorney general shall report the findings and recommendations of the division to the legislature annually. Laws 2003, ch. 101, § 1; 2006, ch. 49, § 1.

NMSA 1978, § 8-5-19 Attorney general; authority to investigate and prosecute missing indigenous persons cases

8-5-19. Attorney general; authority to investigate and prosecute missing indigenous persons cases The attorney general shall assist, with the consent of an Indian nation, tribe or pueblo, with the investigation and prosecution of all missing persons cases in which one or more indigenous persons are reasonably believed to be victims pursuant to the Missing Persons Information and Reporting Act [Chapter 29, Article 15 NMSA 1978]. Laws 2022, ch. 2, § 1.

NMSA 1978, § 8-5-20 Missing indigenous persons specialists; duties

8-5-20. Missing indigenous persons specialists; duties A. The position of "missing indigenous persons specialist" is created within the office of the attorney general. B. The attorney general shall employ one or more missing indigenous persons specialists, who shall work in collaboration with local, state, federal and tribal law enforcement agencies on missing indigenous persons cases pursuant to the Missing Persons Information and Reporting Act [Chapter 29, Article 15 NMSA 1978]. C. The missing indigenous persons specialists shall: (1) review entries in the database of the national crime information center of the United States department of justice and other databases, including the missing persons information clearinghouse, to ensure records of missing indigenous persons are accurate, complete and made in a timely fashion; (2) collaborate with other state and international missing persons programs and the national center for missing and exploited children to aid in locating indigenous children who are unlawfully taken out of or unlawfully brought into New Mexico; (3) provide public outreach and education on missing indigenous persons issues and the prevention of indigenous child abductions; (4) provide support and technical assistance to law enforcement agencies regarding data collection, data sharing and the cooperative use of available resources; (5) compile reports of pending missing indigenous persons cases, including the status of pending missing indigenous persons cases, the clearance rate of investigating agencies responsible for tracking missing indigenous persons cases and an analysis by year of the characteristics of missing indigenous persons; (6) assist with alerts and advisories at the request of the department of public safety to assist in locating a missing indigenous person; and (7) collaborate with the New Mexico law enforcement academy to facilitate training for law enforcement agencies related to missing indigenous persons cases. Laws 2022, ch. 2, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18508/index.doFetched: 10/20/2026