Albuquerque Journal

Judge tosses 10 vetoes, says gov. failed to follow rules

Martinez lawyer may appeal, try to keep bills from becoming law

- BY DAN BOYD JOURNAL CAPITOL BUREAU

SANTA FE — Bills dealing with industrial hemp, expanded broadband access and having computer science count as a high school math and science requiremen­t are on track to hit New Mexico’s books, despite being vetoed in March by Gov. Susana Martinez.

That’s because District Judge Sarah Singleton ruled Friday that the governor did not follow proper constituti­onal procedures in vetoing 10 bills — either by taking too long to act or not providing an explanatio­n with each vetoed piece of legislatio­n.

A group of top-ranking lawmakers filed a lawsuit over the 10 vetoed bills in June, after a contentiou­s 60-day legislativ­e session in which the Dem-

ocratic-controlled Legislatur­e sparred frequently with the two-term Republican governor about budgetary matters.

House Speaker Brian Egolf, D-Santa Fe, who attended Friday’s court hearing, called the ruling a “win” for New Mexico farmers and schoolchil­dren, while downplayin­g the lawsuit’s political undertones.

“It’s about defending the Constituti­on,” Egolf told reporters. “I don’t think of it as a fight between political people.”

However, a Martinez spokesman blasted leading lawmakers — without naming names — for spearheadi­ng the lawsuit instead of trying to override the governor’s vetoes.

“We’re disappoint­ed in this decision because there is no question the governor vetoed these bills,” Martinez spokesman Joseph Cueto said. “It’s telling how some in the Legislatur­e love running to the courts when they don’t have the support to override a veto.”

In her Friday ruling, the judge directed Secretary of State Maggie Toulouse Oliver to chapter the 10 bills in question into law after attorneys in the case get court transcript­s and submit a written order. That means the bills would likely not take effect for at least three more weeks.

However, Paul Kennedy, an Albuquerqu­e attorney representi­ng Martinez on contract, indicated he might seek to stop the bills from becoming law so that a possible appeal could be filed. It would then be up to the judge to decide whether the bills should take effect before such an appeal could be heard.

Senate President Pro Tem Mary Kay Papen, D-Las Cruces, called on the governor to forgo an appeal.

“We urge Gov. Martinez to accept the court’s decision and allow the people of New Mexico to move on,” Papen said in a statement after Friday’s ruling.

Other lawmakers also weighed in after news of the judge’s ruling circulated, with some taking to social media to express their thoughts.

Although most of the 10 bills were not high-profile in nature — five of them passed both legislativ­e chambers without a single “no” vote — they could have big effects if enacted.

Two bills dealing with industrial hemp, for instance, would add New Mexico to a list of at least 30 other states that have passed laws related to cultivatio­n of the crop, which can be used in fibers, textiles, insulation materials and animal food.

Martinez has vetoed several industrial hemp bills in the past two years, and she said in a 2015 veto message that allowing industrial hemp cultivatio­n would create contradict­ions between state and federal law and complicate the job of law enforcemen­t officers.

But Rep. Bealquin “Bill” Gomez, D-La Mesa, who sponsored one of this year’s vetoed bills, said enacting the legislatio­n would actually benefit New Mexico’s agricultur­al sector and give farmers and researcher­s access to a “billion-dollar market that’s been experienci­ng tremendous growth nationwide.”

Meanwhile, the ruling could also set a legal precedent in New Mexico.

Although Martinez’s attorneys had argued that the state Constituti­on does not literally require her to provide an explanatio­n for every piece of vetoed legislatio­n, Singleton ruled to the contrary.

She said constituti­onal language requiring that a vetoed bill be returned to the Legislatur­e with an objection must be strictly followed due to New Mexico’s short and often chaotic legislativ­e sessions.

“To me, this section (of the Constituti­on) sets up a procedure that is mandatory and that must be followed,” Singleton said.

The court challenge was authorized in April in a closed-door vote by the Legislativ­e Council, a group of leading legislator­s from both political parties. However, top GOP lawmakers have been largely silent about the effort.

In all, Martinez vetoed 145 bills passed during this year’s regular session — or roughly 52 percent of the bills approved by lawmakers. The veto rate was the highest of the governor’s tenure, which started in 2011.

 ?? EDDIE MOORE/JOURNAL ?? From left, Deputy Secretary of State John Blair, Secretary of State Maggie Toulouse Oliver and House Speaker Brian Egolf, D-Santa Fe, talk as Paul Kennedy, attorney for the Governor’s Office, leaves a 1st Judicial District courtroom Friday in Santa Fe.
EDDIE MOORE/JOURNAL From left, Deputy Secretary of State John Blair, Secretary of State Maggie Toulouse Oliver and House Speaker Brian Egolf, D-Santa Fe, talk as Paul Kennedy, attorney for the Governor’s Office, leaves a 1st Judicial District courtroom Friday in Santa Fe.
 ?? EDDIE MOORE/JOURNAL ?? First District Judge Sarah Singleton agreed with legislator­s that Gov. Susana Martinez improperly vetoed 10 bills.
EDDIE MOORE/JOURNAL First District Judge Sarah Singleton agreed with legislator­s that Gov. Susana Martinez improperly vetoed 10 bills.

Newspapers in English

Newspapers from United States