Executive Director of New Mexico Foundation for Open Governments
The New Mexico Foundation for Open Government agrees with Attorney General
Raul Torrez’s assessment that the Second Judicial District Court violated the Inspection
of Public Records Act when it failed to provide records to KRQE-TV 13 Reporter
Larry Barker and KOB-TV 4 Reporter Ryan Laughlin.
The Court’s denial of the reporters’ requests to inspect records related to GPS alerts and
other documents in possession of the Court’s Pretrial Services Division jeopardizes
the public’s right to access to information regarding PTS, a division of the Court, which is funded through public tax dollars.
FOG supports NMDOJ’s action against the Second Judicial District Court to enforce IPRA,
because the court cannot shield its records from public inspection unless the records fit
within a lawful exemption. The requested PTS records do not fall under any of the
enumerated exceptions to public disclosure under IPRA, and FOG agrees with the Attorney
General that the Second Judicial District Court has improperly denied access to its public
records.
If the Court denies the media and the public access to basic information about PTS and
criminal defendants’ compliance on pretrial release, how can the public trust the system
is working? The court’s withholding of these records is damaging to the public’s trust in
the Court’s ability to effectively supervise pretrial criminal defendants. The Attorney
General’s legal action is a step toward increasing the public’s confidence by fighting for
the public’s right to know. Openness and accountability are the cornerstones of good government.
As an advocate for transparency in government, FOG’s mission is to defend the public’s right to know and to educate citizens and government agencies about their rights andresponsibilities under New Mexico’s open-meetings and open-records laws. For any questions or concerns regarding IPRA or the OMA, you can contact NMFOG at 1 -505-764-3750.
By Melanie J. Majors