AG Helping New Mexicans Avoid Foreclosure

Holding on to the American dream of homeownership has become a nightmare for many New Mexicans. AG King is trying to do something to alleviate the economic and personal stress that comes with facing the specter of foreclosure. It is called the Homeownership Preservation Program.

It’s not sexy or particularly newsworthy apparently, but the program certainly will positively affect the lives of a good many of our state’s homeowners who find themselves in the seemingly hopeless position of losing their homes.

The Attorney General’s Office issued a Request For Proposals (RFP) last week to solicit contractors capable of providing a number of remedial services recently funded by a legal settlement reached with top national banks for foreclosure abuses and fraudulent practices. The settlement allocated millions in potential homeowner relief; approximately 11 million dollars over the next three years will come directly to New Mexico for Attorney General King’s program.

No Reason for "Rule of Reason" in Public Records Requests

Last week’s NM Supreme Court Opinion to narrow the use of executive privilege to deny public records requests is being hailed by Attorney General King as a welcome clarification of the privilege’s application in the Inspection of Public Records Act context.  The AG is responsible for enforcing IPRA and a discussion of the effect of the Court’s ruling will be included in the published update of the law that the AG’s office provides to public bodies, including state agencies.

The Court’s opinion also concluded that release of public records cannot be denied by government officials who claim that disclosure is protected by the “rule of reason,” a court-created doctrine under a prior version of IPRA.  Essentially, the “rule of reason” was used to claim that the release of certain documents was not in the public interest, even if they were not specifically exempted by IPRA.  The NM Legislature has since amended IPRA to enumerate specific exceptions to disclosure; exceptions that can be granted only if they fall under the exclusionary provisions in IPRA or if they are otherwise exempt from disclosure by provisions of law.  In simple terms, the Court says there is no longer any reason for the “rule of reason” regarding release of public documents.

AG King says this case makes it clear that any exemptions to IPRA lie squarely within the purview of the Legislature.

DA Appoints AG Special Prosecutor in Horse Case

R. David Pederson, General Counsel for Attorney General Gary King’s office, has been appointed as a Special Prosecutor by 13th Judicial District Attorney Lemuel Martinez to aid in the prosecution of Animal Cruelty and Livestock violations for the Dennis Chavez case from Valencia County.  The NM Attorney General’s Office is providing resources to obtain necessary expert witness assistance to facilitate the presentation of this important criminal matter.  The collaboration between State and local law enforcement agencies greatly improves the successful resolution of these cases.  This is part of the commitment of AG King to the on-going efforts of his statewide Animal Cruelty Task Force.

Horses Get Help from AG

Attorney General King is pleased with the response by law enforcement and prosecutors to the plight of some of the horses at the Southwest Livestock Auction pens in Valencia County.  The local district attorney has charged the auction’s owner with animal cruelty and other offenses.  As promised, AG King provided legal help from his office to get to this point.  Now, AG King is providing the primary funding to help pay for the prosecution of charges brought by the district attorney. The Attorney General says he recognized that the DA had limited resources so he found money in his office’s budget to help bolster those resources.  AG King will continue to help in this particular matter and is committed to helping ensure the health and welfare of horses across New Mexico.  

Keep the Violence Against Women Act

As a state legislator, I sponsored the Family Violence Protection Act, which has been the primary tool for fighting domestic violence in New Mexico since 1987.  As NM Attorney General, I joined my colleagues from the National Association of Attorneys General in sending a letter to Congress asking our nation’s lawmakers to reauthorize the federal Violence Against Women Act, first passed in 1994.  The American Bar Association is also urging Congress to approve the continuation of the Act.  Protecting women and families from violence and abuse is clearly an ongoing concern for our state and the nation.

A measure that would reauthorize VAWA was recently approved by the Senate with broad bipartisan support.  However, the House introduced its own version of VAWA reauthorization as H.R. 4970. This bill contains several provisions that would make it more difficult for immigrant victims of domestic violence to gain protections than current law provides. That bill was amended in committee on May 8, 2012, but because of the proposed rollbacks in victim protections I can not support this version.   

Reauthorization is so important because it provides for continuation of vital programs addressing violence against women. To date, the policies and programs supported and inspired by the Act have been credited with providing lifesaving assistance to hundreds of thousands of victims.  

In our letter to Congress earlier this year, Attorneys General pointed out to members a U.S. Department of Justice study that showed VAWA has  transformed the response to domestic violence at the local, state and federal level. Its successes have been dramatic, with the annual incidence of domestic violence falling by more than 50 percent.

According to the American Bar Association, VAWA has been the single most effective federal effort to respond to the epidemic of domestic violence, dating violence, sexual assault and stalking in this country. The act has ensured that legal and social services are available to survivors, and that law enforcement, prosecutors, judges, attorneys and advocates are well-trained and equipped with cutting-edge resources to effectively address these crimes in their own communities.

As law enforcement leaders, we recognize the importance of the Violence Against Women Act because domestic violence very clearly remains a serious problem, not only in New Mexico, but throughout the nation.  One in four women in America experience domestic violence or sexual assault, and three women die at the hands of abusive husbands or partners every day.
In addition, human trafficking remains a related pervasive problem. The U.S. government estimates that 100,000 victims of human trafficking live in the United States today, and that as many as 17,500 foreign-born victims are illegally trafficked in from abroad each year.  Many, if not most, of these victims are women who are coerced into prostitution and/or other forms of sexual exploitation, and forced labor.  We need every available tool to fight these crimes.

Congress reauthorized VAWA twice in the last decade, New Mexico and the nation have a vested interest in seeing that it does so again.  I strongly encourage you to contact your Congressional delegation and ask them to support the bipartisan Senate version for reauthorization of the Violence Against Women Act.


Gary K. King
New Mexico Attorney General

Unlimited Campaign Cash Breeds Corruption

Attorney General King is asking the 10th Circuit Court of Appeals to overturn the lower Court’s ruling that negated parts of New Mexico’s Campaign Report Act by declaring unconstitutional the sections that limited campaign contributions to independent expenditure committees.

Why?  Such committees' primary purpose is to influence elections.  Allowing unlimited amounts of cash to flow into New Mexico invites corruption and special interest manipulation of our elections. Unlimited cash contributions to political campaigns puts out the welcome mat for “Pay to Play” scandals...New Mexico can ill afford to have any more of this type of corruption.

The Attorney General has made contribution limits and full disclosure a cornerstone of his office's focus.  Not only is the sovereignty of New Mexico elections threatened with this ruling but our ability to ensure our elected offices are not for sale is jeopardized.

AG King will continue to press this issue in federal courts so that all New Mexicans can be assured that their elected officials answer solely to them.  Reasonable contribution limits for independent expenditure committees is a reasonable requirement.

Who's Collecting Personal Info About You?

Most of us share information about ourselves without realizing we have done so. For example, your favorite grocery items, restaurants, shoe brand, and even your medical prescription history could be shared and perhaps sold to a third party.

Attorney General King's office regularly cautions consumers to be careful about revealing personal information because it is often used to steal your identity and commit fraud and other crimes.

I think you will be surprised at how your personal habits are spread around the world without your knowledge. Please follow the link below to a thought-provoking message from the Federal Trade Commission.

http://www.ftc.gov/multimedia/video/privacy.shtm