New Mexico Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New Mexico, with full citations and the original source on every page.
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Can New Mexico's legislature give the State Chief Information Security Officer authority to set cybersecurity standards across all branches of government, including for judicial branch IT systems, without violating the separation of powers?
It depends on the substance of the standards. The legislature can constitutionally delegate authority to the executive to set cybersecurity standards. It can also condition use of executive-owned netw…
Can the New Mexico judiciary set its own paid-time-off rules that pay out unused leave more generously than the limits the Legislature set for state employees?
No. The judiciary's PTO rules, which let judicial employees cash out far more unused leave than statute allows for other state employees, conflict with the Legislature's payout caps in NMSA §§ 10-7-10…
Can a New Mexico state legislator also work as a special prosecutor on a particular criminal case without violating separation of powers?
Yes, a private attorney serving in the legislature can also take a one-off appointment as a special assistant district attorney for a specific case. The temporary, case-limited nature of the role keep…
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Attorney general opinions in New Mexico are written by the New Mexico Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.