Taos citizens protected by First Amendment in recall push, state Supreme Court rules
Taos school board member had tried to sue group attempting to have him recalled in 2009
The state Supreme Court issued an opinion Monday reinforcing the First Amendment rights of New Mexico citizens to petition their government without fear of retaliation in the form of civil litigation.
The ruling — which affirms a state District Court decision and overturns a state Court of Appeals decision — stems from a political skirmish that arose in Taos in 2009 when a group of citizens tried to recall a school board member.
Arsenio Cordova, who at the time was vice president of the Taos Municipal School District board, sued the citizens for damages, saying they used the recall process simply to harass him and lacked any legitimate complaints.
The high court found that the group’s recall effort was protected by a state statute on what is known as SLAPP litigation, an acronym for strategic lawsuit against public participation. The law protects people from having to fight expensive civil suits over political activity by granting them expedited review of such suits and the right to collect attorney’s fees if the person who sues them over protected political activity loses in court.
The Supreme Court also ruled that the citizens were protected by the federal Noerr-Pennington doctrine, which is rooted in the First Amendment right to petition and has broader protections.
Julia Lacy Armstrong, one of two Taos-based attorneys who represented members of the citizen group, said Monday it was the first time the state had considered whether its anti-SLAPP law extends protection to people engaging in activity protected by the federal doctrine.
“It clarifies that the broad protections of the Noerr-Pennington Act apply in New Mexico, and if you are sued as the result of some legitimate political activity you can get your case dismissed and get your attorney’s fees,” said Armstrong. “Previously the protester was chilled by the law. Now the other guy is — the shoe is on the other foot.”
The Taos group, which organized under the name Citizens for Quality Education and included school staff, parents and school board members, gathered signatures as required by the state Recall Act and submitted an application with the Taos County Clerk for a hearing to determine if