Nonprofit sues Corrections Dept., alleges public records violations
Group says state has broken law by providing insufficient, late responses
A recently formed New Mexico-based legal nonprofit is suing the state Corrections Department, accusing it of failing to comply with a public records law.
The complaint, filed Wednesday in the state’s First Judicial District Court by the New Mexico Prison and Jail Project, alleges the agency has violated the Inspection of Public Records Act by providing insufficient responses to requests and failing to respond within the required time frame.
During a news conference Thursday, Prison and Jail Project Director Steven Allen said the group’s requests for information on how the department addresses public document inquiries have been met with “puzzling,” “bizzare” and “vague” responses.
“I think it’s particularly ironic that we have this lawsuit against the Corrections Department for violating IPRA because all we were doing was asking them for their policies and practices for what they were doing to comply with IPRA,” Allen said. “The general impression with civil rights attorneys, and even in conversations with some of these folks that are attending this press conference, is that the Corrections Department has always been bad at complying with IPRA, and they have gotten worse in recent months.”
Emails show the lawsuit is tied to the nonprofit’s Oct. 14 request for records regarding lawsuits alleging IPRA violations and changes in the types of records the agency considers exceptions under New Mexico’s public records law.
In a Nov. 10 email to the nonprofit, the department said government agencies were not required to “create lists” under IPRA.
“NMCD does not maintain a list of civil lawsuits responsive to your request. Therefore your request is denied,” a paralegal wrote.
The department did not respond to the nonprofit’s follow-up emails but said in an email Dec. 8 it would need until at least Dec. 22 to respond to the records request.
Spokesman Eric Harrison told The New Mexican in an email Thursday the agency does not comment on litigation.
“However please know that our agency understands the importance of the Inspection of Public Records Act process, and we remain committed to transparency,” he said.
The Prison and Jail Project has five members with criminal defense and civil rights backgrounds.
Allen said he hopes to use award money from legal cases to fund more lawyers.
The organization received seed funding from the Vital Projects Fund, a charitable foundation.
Matthew Coyte, a member of the nonprofit’s steering committee and a former president of the New Mexico Criminal Defense Lawyers Association, said he believes abuses continue in the state’s prisons due to a lack of public oversight.
“Anyone who has relatives or a loved one who has been through the system knows about the abuses and the inhumane treatment,” said Coyte, who has defended inmates in civil cases.
He called the lack of transparency a public safety concern.
Barron Jones, a senior policy strategist for the American Civil Liberties Union of New Mexico and a former journalist and member of the nonprofit’s steering committee, agreed. To ensure public safety, he said, “we need to know exactly what is going on inside these institutions.”
“Unfortunately, New Mexico correction officials make this virtually impossible,” Jones added.
Allen said the organization has multiple open investigations, including a few involving allegations of excessive use of force.
Cathy Ansheles, a former executive director of the New Mexico Criminal Defense Lawyers Association, noted the coronavirus pandemic has increased the need for more transparency in prisons and jails.
“Our governor and her staff with the correctional department are not doing enough,” Ansheles said. “Attention needs to be paid to all New Mexico residents. People in prison are the loved ones of people in our communities.”