Opinions and Advisory Letters

Upon request of elected officials, the New Mexico Department of Justice (NMDOJ) provides formal Opinions and Advisory Letters. Policymakers often rely on opinions issued by the NMDOJ to help them make informed decisions as they evaluate proposed statutory changes and new pieces of legislation. A legal opinion generated by the state’s lawyer, an uninvolved third party, is invaluable in helping avoid costly litigation and offering an accurate and unbiased reading of statute.

The NMDOJ reviews formal opinion requests regarding of questions of law submitted by authorized public officials under New Mexico law, NMSA 1978, Section 8-5-2(D). If a question presented in an opinion request is the subject of pending litigation or poses a question of fact, the request will be generally declined by the NMDOJ. Questions involved in pending litigation or requiring factual determinations are more appropriately addressed by our courts.

For instructions on how to submit a request for an Attorney General Opinion or Advisory Letter, click here.