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Opinions


Official Attorney General's Opinions or informal Advisory Letters are prepared in answer to requests by legislators, state agencies, elected officials of the state, district attorneys, state boards and state commissioners.

These Opinions and Advisory Letters are prepared after a thorough review of all of the circumstances, evidence, law and precedent that relates to the request. Policy makers may ask for help in making decisions as they prepare to pass new laws, and they may rely on opinions like this. Sometimes both sides in a dispute have two very different perspectives of the law or the state constitution. In these cases the benefit of a legal opinion by the state's lawyer, an uninvolved third party, is invaluable and may save the taxpayers time in urgent situations, not to mention the enormous amount of money spent on litigation.



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Opinion No. 10-02---Questions regarding the New Mexico Sentencing Commission (“NMSC”) (Opinion)
Tuesday, March 02, 2010

Questions for the New Mexico Attorney General regarding NMSC and OMA.

Advisory Letter---Interstate Compact on Educational Opportunity for Military (Advisory Letter)
Tuesday, March 02, 2010

Request for AG's advice whether the adoption of the Interstate Compact on Educational Opportunities for Military Children (“Compact”) would conflict with New Mexico law.

Advisory Letter—Cultural Properties Act and Deaccession Process (Advisory Letter)
Wednesday, February 24, 2010

Request for AG's advice regarding the New Mexico Cultural Properties Review Committee’s (“Committee” or “CPRC”) role in the disposition of archaeological materials.

Responsibility for Maintaining Fences along Rail Runner Railroad (Advisory Letter)
Tuesday, January 26, 2010

Questions relating to a railroad’s legal responsibility to erect and maintain fences along its railway track

Advisory Letter---Representative Lundstrom: Can state monies can be used to fund the Red Lake Head Start Program? (Advisory Letter)
Monday, January 25, 2010

Can state monies can be used to fund the Red Lake Head Start Program?

Opinion 10-01 Sec. Veronica Garcia- 7 January 10 (Opinion)
Friday, January 22, 2010

Education Secretary Dr. Veronica Garcia requested an official Opinion from Attorney General King, asking if she could legally order the creation of a new district. Dr. Garcia also asked whether she could decline a recommendation to create a new district along with other questions relating to proposed district boundaries, property, debt liability, and district voter petitions.

Advisory Letter---DA Mary Lynne Newell: Potential conflict of interest within Grant County government. (Advisory Letter)
Thursday, January 21, 2010

Questions regarding potential conflict of interest within Grant County government from DA Mary Lynne Newell.

Advisory-Railway agreement with the New Mexico Department of Transportation (Advisory Letter)
Wednesday, January 20, 2010

Representative Arnold-Jones requested an opinion regarding the agreement between BNSF Railway Company and the New Mexico Department of Transportation. Arnold-Jones received a letter rather than an offficial AG opinion.

Opinion No. 09-03 Authority of Judges to Give Oath of Office (Opinion)
Wednesday, October 14, 2009

QUESTION:
Do state judges have the authority to administer an oath of office to an elected official?

CONCLUSION:
State judges may administer an oath of office to an elected official.

Opinion Request – TRD E-Portal (Advisory Letter)
Thursday, July 30, 2009

Regarding the legality of the New Mexico Portal Project Request for Proposals (“RFP”) issued on January 16, 2009 by the New Mexico Taxation and Revenue Department (“TRD”)

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