45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO THE ATTORNEY GENERAL; PROVIDING FOR HIS REPRESENTATION OF THE STATE; AUTHORIZING OTHER LEGAL COUNSEL TO REPRESENT THE STATE IN CERTAIN SITUATIONS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ATTORNEY-CLIENT RELATIONSHIP.--When representing the governor, lieutenant governor, secretary of state, state treasurer, state auditor, commissioner of public lands, a governmental entity subject to the executive direction of one of the foregoing officers or an employee of that entity acting within the scope of his employment, the attorney general shall:

A. keep a person represented reasonably informed about the status of the matter in which the person is represented and reply promptly to reasonable requests for information from the person;

B. explain the matter in which the person is represented to a person represented to the extent reasonably necessary for the person to make informed decisions regarding the representation;

C. abide by the represented person's decision concerning the objectives of the representation and consult with the person about the means by which the objectives are to be pursued;

D. take no action to dismiss, settle or otherwise conclude the matter in which a person is represented without specific written authority to take the action on behalf of the person represented; and

E. if requested to do so by a person represented, establish protocols with the person to facilitate attorney-client communications and relationships."

Section 2. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

"[NEW MATERIAL] REPRESENTATION OF THE STATE.--

A. When representing the state as a named party in a civil matter in which the governor is not a named party, the attorney general shall:

(1) have the power to take any action on behalf of the state in the matter that appears proper and in the best interests of the state;

(2) keep the governor reasonably informed about the status of the matter and comply promptly with requests from him for information; and

(3) inform the governor reasonably before taking an appeal in the civil matter or taking action that results in its conclusion.

B. When representing the state in civil claims by and against the state not yet in litigation, the attorney general shall neither institute a civil proceeding in court nor settle or compromise the claim without consulting with the governor."

Section 3. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SUBSTITUTE COUNSEL IN CERTAIN INSTANCES.--

A. When it appears to either the attorney general or a represented officer or employee of the state that the attorney general's interest in a matter conflicts with the interests of an officer or employee that he is representing, the officer or employee may employ independent legal counsel to represent him.

B. The governor may employ legal counsel to advise him or appear on his behalf in a civil legal action involving the state."

Section 4. Section 36-1-22 NMSA 1978 (being Laws 1875-1876, Chapter 5, Section 1, as amended) is amended to read:

"36-1-22. POWERS--COMPROMISES--RELEASES.--[SEC. 7. The attorney general and] A district [attorneys of this State in their respective districts] attorney, when [any] a civil [proceedings may be] proceeding is pending in [their] district court in his respective [districts in the district court] district in which [the state or any] a county [may be] within the district is a party, whether [the same be] it is an ordinary suit, scire facias proceedings, proceedings growing out of [any] a criminal prosecution or otherwise, [shall have power to] may compromise or settle [said] the suit or proceedings, or grant a release or enter satisfaction in whole or in part, of [any] a claim or judgment in the name of the [state or] county, [or dismiss the same] or take any other [steps or proceedings therein which to him may appear proper and right and all such] appropriate action. The civil [suits and] proceedings shall be entirely under the management and control of the [said attorney general or] district [attorneys] attorney, and all compromises, releases and satisfactions [heretofore] made or entered into by [said officers] him prior to the effective date of this section are [hereby] confirmed and ratified."