Chapter 14, Article 3 NMSA 1978 may be cited as the “Public Records Act”.
HISTORY:
1953 71-6-1, enacted by Laws 1959, ch. 245, § 1; 1995, ch. 110, § 7.
Notes to Decisions
Transfer.
Where the court determined that defendant, who had been convicted for escape from a penitentiary, 30-22-9 NMSA 1978, consented to his transfer to New Mexico and had not presented evidence to show the illegality of his transfer or his initial sentence under Arizona law, and because New Mexico did not have a valid agreement with Arizona regarding the Western Interstate Corrections Compact, 31-5-4 NMSA 1978 et seq., filed pursuant to the Public records Act, and because the State Rules Act, 14-4-1 NMSA 1978 et seq., was inapplicable to interstate agreements, the court merely commented on these matters. State v. Ellis, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047, 1980 N.M. App. LEXIS 1001 (N.M. Ct. App. 1980).
OPINIONS OF ATTORNEY GENERAL
Analysis
Authority of law enforcement agency to release names of juveniles.
Generally.
The positions referred to as “state historian” and “deputy for archives for the state records center” are not separate and distinct for purposes of the personnel classification plan for the state records center. 1980 N.M. Op. Att'y Gen. No. 80-25, 1980 N.M. AG LEXIS 16.
Applicability.
To the extent arrest information contained in district attorney files and covered by Arrest Records Information Act, 29-10-1 NMSA 1978 et seq., involves matters that resulted in a negative disposition, it is not subject to public disclosure unless it falls within an exception to the confidentiality provisions of this act, the most applicable appearing to be: (1) court records of judicial proceedings which are not themselves confidential; (2) published court or administrative opinions or public judicial, administrative or legislative proceedings; and (3) records of traffic offenses and accident reports. 1986 Attorney General Advisory Letter No. 86-20, 1986 N.M. AG LEXIS 24.
Authority of law enforcement agency to release names of juveniles.
A law enforcement agency is not prohibited by the Children’s Code, 32A-1-1 NMSA 1978 et seq., the Arrest Record Information Act, or any other law of the state of New Mexico from releasing to the public the names of juveniles who have been arrested for criminal acts, and the charges for which they were arrested. 1987 N.M. Op. Att'y Gen. No. 87-29, 1987 N.M. AG LEXIS 57.