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Current Lawsuits

PUBLIC RECORDS

NEW MEXICO LIVESTOCK BOARD

Completely redacted investigation reports

NMFOG sued after the Livestock Board released two taxpayer-funded employee investigation reports with every page completely redacted, despite a New Mexico Supreme Court ruling that agencies cannot withhold entire investigative reports when they contain public information.

Filed: Oct. 2, 2026

PUBLIC RECORDS

UNM & NMSU

Student-athlete payment records

NMFOG sued after the universities refused to release records showing how they plan to make millions of dollars in direct payments to student-athletes.

Filed: Sept. 15, 2025

VIEW CASE AGAINST UNM or NMSU →

PUBLIC RECORDS

DOÑA ANA COUNTY

Project Jupiter public records

NMFOG sued after the county withheld emails about the $165 billion Project Jupiter data center under an exception meant to protect tactical response plans from terrorist attacks, and failed to release communications about alleged Open Meetings Act violations.

Filed: June 22, 2026

OPEN MEETINGS

GALLUP-McKINLEY COUNTY SCHOOLS

Public access to school board meetings

NMFOG sued after the school board allegedly violated the Open Meetings Act seven times during a meeting, including improper notice, an improperly closed session and barriers to watching the meeting online.

UPDATE: Stride/K12 and the school board dropped their claims against each other on March 2, 2026, but NMFOG's case remains in progress.

Filed: Aug. 11, 2025

PUBLIC RECORDS

NM DEPARTMENT OF PUBLIC SAFETY

​State Police records delays

NMFOG sued over extreme delays in providing State Police records requested by journalists and other members of the public, including records the law requires to be provided immediately.

Filed: Oct. 28, 2025

PUBLIC RECORDS

NM CORRECTIONS DEPARTMENT

​Public records denials

NMFOG sued over the department's refusal to release records showing how much taxpayer money it spent settling public records lawsuits and hiring outside attorneys to defend them.

Filed: April 1, 2025

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How we represent the public

When we file a lawsuit on behalf of the public, we represent ourselves, not individual people or agencies.

​We do this for several reasons:

  • We serve the public, not one client. If we represented individuals, we would have to prioritize that person’s interests over those of the public. When we take legal action, it’s to fix problems that affect many people, not just one situation.

  • We can choose cases with a broader impact. When we file a lawsuit, it’s usually because the issue affects many people — not just one request or one dispute.

  • We avoid conflicts of interest. Acting as a lawyer for individuals or agencies could limit our ability to challenge government actions in the future.

Our Legal Actions

We have filed more than 30 lawsuits on behalf of the public, with nine filed since 2024 when we were finally able to hire a Legal Director. We have also filed more than 21 amicus — Latin for “friend of the court” — briefs in other cases, detailing for the court how a specific ruling would impact the public’s rights. The majority of these cases stem from violations of the Inspection of Public Records Act, but a few arise from offenses involving the Open Meetings Act or the First Amendment.

Lawsuits timeline
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CONTINUING LEGAL EDUCATION

Every November, we hold an all-day CLE on transparency laws, featuring presentations by judges and experts. Attorneys get CLE credits, but members of the public are also welcome.

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Click here to find out about this years event, happening November 16, 2026

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LEGAL RESOURCES

A clickable Sunshine Law list of New Mexico legal briefs and websites

New Mexico Foundation for Open Government • (505) 764-3750 • info@nmfog.org • Mailing address: 13170 Central Ave. SE Ste. B, 111, NM 87123

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