Attorney General of New Mexico

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New Mexico Attorney General

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General information
Office Type:  Partisan
Office website:  Official Link
Compensation:  $95,000
2024 FY Budget:  $35,019,000
Term limits:  2 consecutive terms
Structure
Length of term:   4 years
Authority:  New Mexico Constitution, Article V, Section I
Selection Method:  Elected
Current Officeholder

Attorney General of New Mexico Raul Torrez
Democratic Party
Assumed office: January 1, 2023

Elections
Next election:  November 3, 2026
Last election:  November 8, 2022
Other New Mexico Executive Offices
GovernorLieutenant GovernorSecretary of StateAttorney GeneralTreasurerAuditorCommissioner of Public LandsSecretary of EducationAgriculture SecretaryInsurance SuperintendentSecretary of Energy, Minerals and Natural ResourcesSecretary of Workforce SolutionsPublic Regulation CommissionPublic Education Commission

The Attorney General of New Mexico is an elected executive officer for the state of New Mexico. The attorney general serves as head of the New Mexico Department of Justice and is required to be a licensed attorney.

In New Mexico, the state attorney general is fifth in succession to the office of governor, after the lieutenant governor, secretary of state, president pro tempore of the state senate and the speaker of state house.

The attorney general functions as the state's chief legal officer, legal counsel to state government, consumer advocate and guardian of the public interest.[1]

New Mexico has a Democratic triplex. The Democratic Party controls the offices of governor, secretary of state, and attorney general.

Current officeholder

The current Attorney General of New Mexico is Raul Torrez (D). Torrez assumed office in 2023.

Authority

The state Constitution addresses the office of attorney general in Article V, the Executive Department.

Under Article V, Section 1:

The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands,...

Qualifications

Article 5, Section 3 of the New Mexico Constitution establishes the qualifications of the office:

No person shall be eligible to any office specified in Section One, hereof, unless he be a citizen of the United States, at least thirty years of age, nor unless he shall have resided continuously in New Mexico for five years next preceding his election; nor to the office of attorney general, unless he be a licensed attorney of the supreme court of New Mexico in good standing; nor to the office of superintendent of public instruction unless he be a trained and experienced educator.


Elections

New Mexico state government organizational chart

New Mexico elects attorneys general in the midterm election years, such as 2018, 2022, 2026, 2030, and 2034.

2022

See also: New Mexico Attorney General election, 2022

General election

General election for Attorney General of New Mexico

Raul Torrez defeated Jeremy Gay in the general election for Attorney General of New Mexico on November 8, 2022.

Candidate
%
Votes
Image of Raul Torrez
Raul Torrez (D)
 
55.3
 
388,592
Image of Jeremy Gay
Jeremy Gay (R)
 
44.7
 
314,023

Total votes: 702,615
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Democratic primary election

Democratic primary for Attorney General of New Mexico

Raul Torrez defeated Brian S. Colón in the Democratic primary for Attorney General of New Mexico on June 7, 2022.

Candidate
%
Votes
Image of Raul Torrez
Raul Torrez
 
53.5
 
73,299
Image of Brian S. Colón
Brian S. Colón
 
46.5
 
63,723

Total votes: 137,022
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of New Mexico

Jeremy Gay advanced from the Republican primary for Attorney General of New Mexico on June 7, 2022.

Candidate
%
Votes
Image of Jeremy Gay
Jeremy Gay
 
100.0
 
92,688

Total votes: 92,688
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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2018

See also: New Mexico Attorney General election, 2018

General election

General election for Attorney General of New Mexico

Incumbent Hector Balderas defeated Michael Hendricks and A. Blair Dunn in the general election for Attorney General of New Mexico on November 6, 2018.

Candidate
%
Votes
Image of Hector Balderas
Hector Balderas (D)
 
61.8
 
427,583
Image of Michael Hendricks
Michael Hendricks (R) Candidate Connection
 
33.4
 
231,296
Image of A. Blair Dunn
A. Blair Dunn (L) Candidate Connection
 
4.8
 
32,931

Total votes: 691,810
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Democratic primary election

Democratic primary for Attorney General of New Mexico

Incumbent Hector Balderas advanced from the Democratic primary for Attorney General of New Mexico on June 5, 2018.

Candidate
%
Votes
Image of Hector Balderas
Hector Balderas
 
100.0
 
150,515

Total votes: 150,515
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for Attorney General of New Mexico

Michael Hendricks advanced from the Republican primary for Attorney General of New Mexico on June 5, 2018.

Candidate
%
Votes
Image of Michael Hendricks
Michael Hendricks Candidate Connection
 
100.0
 
66,588

Total votes: 66,588
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Libertarian primary election

Libertarian primary for Attorney General of New Mexico

A. Blair Dunn advanced from the Libertarian primary for Attorney General of New Mexico on June 5, 2018.

Candidate
%
Votes
Image of A. Blair Dunn
A. Blair Dunn Candidate Connection
 
100.0
 
608

Total votes: 608
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2014

See also: New Mexico Attorney General election, 2014
Attorney General of New Mexico, 2014
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngHector Balderas 58.3% 295,008
     Republican Susan Riedel 41.7% 211,303
Total Votes 506,311
Election results via New Mexico Secretary of State

Full history


Term limits

Term limits for the attorney general are laid out in Article V, Section 1 of the New Mexico Constitution, which prohibits attorneys general from serving more than two consecutive terms.

New Mexico Constitution, Article V, Section 1:

The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general and commissioner of public lands, who shall, unless otherwise provided in the constitution of New Mexico, be elected for terms of four years beginning on the first day of January next after their election. The governor and lieutenant governor shall be elected jointly by the casting by each voter of a single vote applicable to both offices.

Such officers shall, after having served two terms in a state office, be ineligible to hold that state office until one full term has intervened.
The officers of the executive department, except the lieutenant governor, shall during their terms of office, reside and keep the public records, books, papers and seals of office at the seat of government.
Upon the adoption of this amendment by the people, the terms provided for in this section shall apply to those officers elected at the general election in 1990 and all state executive officers elected thereafter.

Vacancies

Per Article V, Section 5 of the New Mexico Constitution, in the event of a vacancy the governor fills the position by appointment. The appointee serves until the next general election.

Duties

The attorney general functions as the state's chief legal officer, legal counsel to state government, consumer advocate and guardian of the public interest. The attorney general also serves as head of the state's department of justice.[4]

Divisions

As of January 12, 2021, the many different divisions within the attorney general's office can be divided into four main categories: Operations, Criminal Affairs, Civil Affairs, and Policy & Public Affairs. Within each of these categories are a series of smaller divisions tasked with executing a different portion of the office's responsibilities.

Operations

  • The Human Resources Division oversees recruitment, retention, employee benefits, and compliance with federal and state laws and regulations.
  • The Information Technology Division ensures that the Office has the technology necessary to operate effectively, and also ensures that the Office's technology infrastructure is secure.
  • The Executive Services Division oversees operational activities and manages the day-to-day operations of the Office.
  • The Financial Control Division manages the Office's finances, budget, and grants.[5]

Criminal Affairs

  • The Criminal Appeals Division represents and advocates for victims and the People of New Mexico in all criminal appeals and habeas corpus proceedings in state and federal courts.
  • The Medicaid Fraud and Elder Abuse Division is a criminal law enforcement unit that enforces the Medicaid Fraud Act and the Resident Abuse and Neglect Act, investigates and prosecutes Medicaid providers who commit fraud and/or resident abuse, neglect and exploitation in long-term care facilities, and pursues civil monetary repayment of Medicaid program funds when a Medicaid provider does not provide adequate services to recipients.
  • The Special Prosecutions Division deals with complex and specialized prosecutions including crimes again children, fraud, government corruption, and violent crimes. Most of the criminal cases handled by the Division are referred by the local district attorney, based on a conflict of interest or because the district attorney seeks assistance from the Attorney General in some specialized area. Within this division, there is also a Border Violence Unit, formed to develop and coordinate cooperative efforts between prosecutors and law enforcement agencies in New Mexico and similar entities in the Republic of Mexico.
  • The Special Investigations Division is devoted to the specialized investigations, and includes an Anti-Money Laundering Unit and an Internet Crimes Against Children Unit.[6]

The Civil Affairs Division

  • The Consumer Protection Division enforces consumer protection laws to prevent and deter unfair, deceptive, anti-competitive and unlawful practices that injure consumers and businesses.
  • The Litigation Division represents the State of New Mexico in three primary areas: general litigation, administrative prosecutions, and representation of judges and state officials on civil writs. This Division also enforces the Master Settlement Agreement of the Tobacco Settlement.
  • The Environmental Protection Division strives to protect, preserve, and enhance New Mexico’s fragile environment, water, and natural resources through litigation and cooperative efforts with stakeholders. In addition, staff members represent the interests of New Mexico’s residential and small business consumers in matters of gas, electronic and telecommunication regulation.
  • The Open Government Division provides legal advice and representation to state agencies, boards and commissions and researches and drafts Attorney General opinions and advisory letters pertaining to civil legal matter. The Civil Division conducts "Sunshine Law" seminars to teach state and local bodies their duties under the law and to provide the public with an understanding of what they should expect from their government.[7]

Policy & Public Affairs

The primary functions of this division is to handle legislative affairs, engage in community outreach, oversee victims services, and assist constituents who reach out to the office.[8]

State budget

See also: New Mexico state budget and finances

The budget for the Attorney General's office in Fiscal Year 2024 was $35,019,000.[9]

Compensation

See also: Compensation of state executive officers

The salaries of state executive officers are established by the New Mexico State Legislature as mandated in the state constitution. Article V, Section 12 of the New Mexico Constitution established initial salaries for constitutional officers with the state legislature able to adjust these salaries starting in 1922, which was 10 years after the state's admission to the United States. This constitutional provision states the following:[10]

Text of Section 12:

Compensation of Executive Officers

The annual compensation to be paid to the officers mentioned in Section One of this article shall be as follows: governor, five thousand dollars ($5,000); secretary of state, three thousand dollars ($3,000); state auditor, three thousand dollars ($3,000); state treasurer, three thousand dollars ($3,000); attorney general, four thousand dollars ($4,000); superintendent of public instruction, three thousand dollars ($3,000); and commissioner of public lands, three thousand dollars ($3,000); which compensation shall be paid to the respective officers in equal quarterly payments.

The lieutenant governor shall receive ten dollars ($10.00) per diem while acting as presiding officer of the senate, and mileage at the same rate as a state senator.

The compensation herein fixed shall be full payment for all services rendered by said officers and they shall receive no other fees or compensation whatsoever.

The compensation of any of said officers may be increased or decreased by law after the expiration of ten years from the date of the admission of New Mexico as a state.

2022

In 2022, the officer's salary was $95,000, according to the Council of State Governments.[11]

2021

In 2021, the attorney general received a salary of $95,000, according to the Council of State Governments.[12]

2020

In 2020, the attorney general received a salary of $95,000, according to the Council of State Governments.[13]

2019

In 2019, the attorney general received a salary of $95,000, according to the Council of State Governments.[14]

2018

In 2018, the attorney general received a salary of $95,000, according to the Council of State Governments.[15]

2017

In 2017, the attorney general received a salary of $95,000, according to the Council of State Governments.[16]

2016

In 2016, the attorney general received a salary of $95,000, according to the Council of State Governments.[17]

2015

In 2015, the attorney general received a salary of $95,000, according to the Council of State Governments.[18]

2014

In 2014, the attorney general received a salary of $95,000, according to the Council of State Governments.[19]

2013

In 2013, the attorney general's salary remained at $95,000.[20]

2010

In 2010, the attorney general was paid an estimated $95,000 according to the Council of State Governments.[21]

Historical officeholders

Note: Ballotpedia's state executive officials project researches state official websites for chronological lists of historical officeholders; information for the Attorney General of New Mexico has not yet been added because the information was unavailable on the relevant state official websites, or we are currently in the process of formatting the list for this office. If you have any additional information about this office for inclusion on this section and/or page, please email us.

Recent news

The link below is to the most recent stories in a Google news search for the terms New Mexico Attorney General. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Contact information

Mailing Address:
P.O. Drawer 1508
Santa Fe, NM 87504-1508

Street Address:
408 Galisteo Street
Villagra Building
Santa Fe, New Mexico 87501

Phone: (505) 490-4060
Fax: (505) 490-4883

See also

New Mexico State Executive Elections News and Analysis
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New Mexico State Executive Offices
New Mexico State Legislature
New Mexico Courts
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Party control of state government
State government trifectas
State of the state addresses
Partisan composition of governors

External links

Footnotes

  1. New Mexico Attorney General, "About the Office," accessed January 11, 2021
  2. New Mexico Secretary of State - 2010 General Election Results
  3. Secretary of State - Official 2006 General Election Results (dead link)
  4. Office of the New Mexico Attorney General, "Mission and Vision," accessed January 11, 2021
  5. Office of the New Mexico Attorney General, "Operations," accessed January 11, 2021
  6. Office of the New Mexico Attorney General, "Criminal Affairs," accessed January 11, 2021
  7. Office of the New Mexico Attorney General, "Civil Affairs," accessed January 11, 2021
  8. Office of the New Mexico Attorney General, "Policy & Public Affairs," accessed January 11, 2021
  9. New Mexico State Legislature, "New Mexico General Appropriation Act of 2023," accessed December 6, 2023
  10. New Mexico Compilation Commission, "8-1-1 Compensation of elective state officers," accessed February 25, 2015
  11. Council of State Governments, "Book of the States 2022 Table 4.11: Selected State Administrative Officials: Annual Salaries," provided to Ballotpedia by CSG personnel
  12. Issuu, "The Book of the States 2021," accessed September 28, 2022
  13. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2020," accessed January 11, 2021
  14. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2019," accessed January 11, 2021
  15. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2018," accessed January 11, 2021
  16. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2017," accessed January 11, 2021
  17. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2016," accessed August 27, 2016
  18. Council of State Governments, "Selected State Administrative Officials: Annual Salaries, 2015," accessed August 27, 2016
  19. Council of State Governments, "Selected State Administrative Officials: Annual Salaries," accessed December 3, 2014
  20. Council of State Governments, "Table 4.11 Selected State Administrative Officials: Annual Salaries," accessed January 31, 2014
  21. The Council of State Governments, "The Book of States 2010 Table 4.11," accessed June 22, 2011