Filing a lawsuit against a public entity is an option of last resort, when there is a serious public-access issue which is unlikely to be resolved through other means. The FOG Board of Directors must authorize litigation, and it has done so 18 times in FOG's 21-year history. Our online Law Library, a collection of all New Mexico sunshine cases, is currently under construction.

Please note: when FOG undertakes litigation, we file our own public-records request or open-meetings complaint and we are represented by volunteer attorneys. If you are seeking legal representation in a freedom-of-information or First Amendment lawsuit, please visit www.nmbar.org to find an attorney.

More commonly, FOG volunteer attorneys will file amicus briefs in pending freedom-of-information cases, particularly when significant access issues are before the New Mexico Court of Appeals or New Mexico Supreme Court. Some of our recent briefs are available in the Law Library. If you are engaged in a pending case and you believe that a FOG brief would assist your cause, please contact us.
 

FOG also takes advantage of the New Mexico Attorney General's complaint process for the Inspection of Public Records Act and Open Meetings Act — a process which is open to everyone. It's an easy, accessible way to resolve disputes over whether the law has been violated, particularly when the facts are clear and undisputed. The resulting determination letters are also helpful in preventing future violations and educating both citizens and public officials.