Governor: Enforcing public records law unconstitutional

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Posted: Thursday, March 27, 2014 7:00 pm | Updated: 12:11 am, Fri Mar 28, 2014.

The Martinez administration contends court enforcement of the state Inspection of Public Records Act to make the governor and state agencies turn over travel records would violate the U.S. Constitution.

Legal documents filed Monday in state District Court by lawyers representing Gov. Susana Martinez and some state agencies say the public records law is “pre-empted” by the Supremacy Clause in the U.S. Constitution — and that the records being sought by The Associated Press would require a warrant under federal law.

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Welcome to the discussion.


  • vincent saiz posted at 6:46 pm on Wed, Apr 2, 2014.

    vin e Posts: 17


  • Jennifer Bizzarro posted at 6:27 pm on Fri, Mar 28, 2014.

    Jennifer_Bizzarro Posts: 481

    Mr. Stokes:

    As sarcastic as I usually am, I am NOT being sarcastic when I ask this: do you really believe the "media" consider her a serious prospect as VP? That's one heartbeat away from being the leader of the free world!

    Ms. Martinez doesn't even know how to dress herself properly for the occasions in which she currently finds herself and we're just a small, backwoods state. Imagine her presentation to the Court of St. James! Of course, as VP she would be required to go to funerals of lesser dignitaries . . .

  • Jennifer Bizzarro posted at 3:33 pm on Fri, Mar 28, 2014.

    Jennifer_Bizzarro Posts: 481

    That's because you are a thinker, Steve, and a Fifth Amendment defense would make perfect sense. Unfortunately for denizens of New Mexico, La Tejana "I-am-a-law-school-graduate" got the first five executive decisions of her job as governor wrong because she doesn't know the law, state or federal. That's also why she is incorrect most of the time she opens her mouth on legal issues. Too little information with too much ego leads one to believe their own press--and she's got Enrique working 24/7 on that for her.

    I personally hope that she has "saved" enough money to leave us alone and take her dog-and-pony show on the road. Let's see how far a political lightweight can go in an arena built by Harvard and Yale.

  • Fred Stokes posted at 2:47 pm on Fri, Mar 28, 2014.

    fredstokes Posts: 93

    Tbe media consider her a serious prospect for the GOP VP nomination. This sort of thing can only hurt her. She must have a lot to hide, and if she gets the nomination, the media and the Democrats will find it.

  • charles w Rodriguez posted at 2:17 pm on Fri, Mar 28, 2014.

    scarecrow Posts: 16

    Mr. Montoya,
    My apologies, sir, if I sounded like I was disagreeing with you. I agree with your perspective. I was responding to other posters; and, the general feeling that if we get rid of Martinez, the problems will be solved. On the contrary, the problems run much deeper than with her. She's a symptom of the problem.

  • Dominic Montoya posted at 1:45 pm on Fri, Mar 28, 2014.

    Dominic Montoya Posts: 58

    Mr. Rodriguez, thank you for your post. I agree with the majority of your explanation. The only thing that I will add is that Governor Martinez campaigned on the issue of establishing the most transparent state government in history. Her actions up to this point prove that the flagship of her campaign message is no longer taken seriously in her very own administration.

  • Pat Shackleford posted at 1:45 pm on Fri, Mar 28, 2014.

    Pat Shackleford Posts: 566

    The Queen shall not arise from the royal throne to address these pesky probes until all smelly evidence has been thoroughly flushed from the official premises. All further petitions for inspection of Her Governess records shall be signed by the Royal A and filed accordingly.

  • charles w Rodriguez posted at 1:10 pm on Fri, Mar 28, 2014.

    scarecrow Posts: 16

    We can sit here and name call until the cows come home, it won't change a damn thing. The evidence is clear that it costs a large fortune to get elected, whether you're Blue or Red. Donkey or Elephant. The only entity who can afford to run for office has to accept support from the money interests like big oil, corporations and wealthy donors. So whomever gets elected, they are indebted to their benefactors. Martinez is no different from Richardson, Carruthers or what-have-you. This problem is not going to go away until PACs are deemed illegal. But, we've got the fox watching the henhouse, so PACs will thrive and rule from behind the scenes. To point a finger at any single titular figurehead like Martinez, is to blame the bank teller for mismanaging bank funds.

  • Pierce Knolls posted at 12:53 pm on Fri, Mar 28, 2014.

    Mister Pierce Posts: 1670

    "Wow, not even King Richard I, AKA Fat Bill, ever tried to avoid the Public Records law by asserting that it was unconstitutional!"

    Nope. Instead Richardson just tried to obfuscate the fact that he withheld the requested documents: http://newmexico.watchdog.org/3702/albuquerque-journal-versus-bill-richardson-update/

  • Stan Bies posted at 11:17 am on Fri, Mar 28, 2014.

    Patron Posts: 37

    This is what a governor does ? What a joke....

  • Steve Salazar posted at 9:21 am on Fri, Mar 28, 2014.

    Steve Salazar Posts: 871

    I thought it might violate the 5th amendment.

  • Mark Ordonez posted at 9:19 am on Fri, Mar 28, 2014.

    marcoordonez Posts: 657

    And Gary King is projected to lose handedly to her?!!?!??! Eeeks!

  • Dominic Montoya posted at 9:08 am on Fri, Mar 28, 2014.

    Dominic Montoya Posts: 58

    If Governor Martinez is willing to claim that the IPRA is unconstitutional over a battle with the AP regarding simple travel records, we then must ask ourselves...What else is Governor Martinez willing to hide from the public? This should serve as a red flag to all taxpayers. For a politician to campaign on government transparency, fiscal responsibility, and government accountability then completely ignore this message while serving in office is an absolute disgrace. Thank you Govenor Martinez for showing the New Mexico taxpayers that all you can do is talk. You have not lived up to the flagship message of your campaign, and I hope that the New Mexico taxpayers pay careful attention to your disgraceful actions when they cast their votes in November!

  • Mel Hayes posted at 8:44 am on Fri, Mar 28, 2014.

    Hobson Posts: 117

    Politics is bullshit escalated to an art form......

  • Mike Palaima posted at 8:26 am on Fri, Mar 28, 2014.

    pressman Posts: 34

    Did not 'Tejana' run on open gov and cuts in spending and no waste? Did she not inform us of her wish to be proactive, and reach across the aisle to solve problems mutual to all New Mexicans in a workmanlike fashion? Every governor in the USA travels and spends taxpayer money for travels. They all justify and illuminate to their constituency, what and why and when and how much money is spent in these travels as they are elected officials with a duty to do so. Even if she was not mandated by law to do this, why would she just not illustrate to us further, how fiscally conservative she truly is, and wise, and frugal, when it comes to spending our money, voluntarily, because it is the right thing to do? Could it be, she might have something to hide? What other conclusion can constituents draw? She is doing the same thing she accused the last administration of doing. Some things just do not change, in this case, in Texas sponsored, New Mexican government?

  • charles w Rodriguez posted at 6:32 am on Fri, Mar 28, 2014.

    scarecrow Posts: 16

    Clearly, neither party is gonna win an "ethics in government" award. I just wonder when the American voter is going to say, ENOUGH, and stop electing these bozos to public office? And sadly, no one with REAL integrity is interested in running.Funny how many lawyers go into politics.

  • Jay Shapiro posted at 6:22 am on Fri, Mar 28, 2014.

    jayshapiro Posts: 28

    Wow, not even King Richard I, AKA Fat Bill, ever tried to avoid the Public Records law by asserting that it was unconstitutional! Our very own Hispanic Sarah Palin wannabe REALLY must have a lot to hide. National stage? VP candidate? Hahahaha. Martinez is a JARL - Just Another Republican Liar.

  • Julian R. Grace posted at 5:52 am on Fri, Mar 28, 2014.

    Logies New Mexican Posts: 108

    So, get the warrant...

  • charles w Rodriguez posted at 5:51 am on Fri, Mar 28, 2014.

    scarecrow Posts: 16

    Yet another heinous attempt by the Republican Party to subvert the democratic process guaranteed by the US Constitution. Since George Bush, we have seen a slow but steady erosion of civil rights, most obviously apparent in the use of legal manipulations to delay enforcement of law. Even if she is over-ruled by the courts, she will delay resolution until the argument becomes moot.


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