THE GOVERNMENTAL CONDUCT ACT IS BEING QUESTIONED BY THE NM SUPREME COURT
CLOVIS (KSMX) – The New Mexico Supreme Court is being asked to look at the constitutionality of a powerful anti-corruption law New Mexico’s Attorney General has been using to attempt to prosecute several high-profile public officials.
The question of constitutionality surrounds the state’s “Governmental Conduct Act,” and whether the law is too vague or was ever intended to be used for the purpose of filing criminal charges.
Over the last several years, the New Mexico Attorney General has appealed four different district court cases involving this Governmental Conduct Act and alleged violations of a section titled “ethical principles of public service.”
The Governmental Conduct Act makes it illegal for public employees to use their position or office for their own benefit.
In each of the four cases, district court judges dismissed the Governmental Conduct Act charges for varying reasons. Meanwhile, the New Mexico Attorney General’s Office has appealed or filed notice to appeal in each of the cases.
In reviewing the cases, the New Mexico Courts of Appeals has now deferred a decision over the Governmental Conduct Act to the New Mexico Supreme Court.
