Rio Rancho Republican House Whip Alan Martinez filed a formal request with New Mexico Attorney General Raúl Torrez on Friday, asking the AG’s office to examine whether Democratic Rep. Andrea Romero broke state law by holding a part‑time role with the First Judicial District Attorney’s Office while serving in the Legislature.
Details of the employment
Romero began working for the Santa Fe‑based district attorney’s office on May 23 as an assistant trial attorney. The position is non‑court‑facing, pays $48.08 per hour, and does not require her to appear in court. District Attorney Mary Carmack‑Altwies said the hiring process included a background check and a written ethics and conflict‑of‑interest review, following guidance from the Attorney General’s Office.
Legal concerns raised
Martinez points to New Mexico statutes §§ 2‑1‑3, 2‑1‑4, and 2‑1‑5, which prohibit legislators from receiving compensation for services performed as a state officer or employee, aside from their legislative pay. He argues that Romero’s compensation could fall under these prohibitions and notes that violations carry felony penalties. Martinez’s letter also asks the AG to review the role of the district attorney in authorizing the position.
Attorney General guidance
Before hiring Romero, the district attorney’s office consulted Chief Deputy Attorney General James Grayson, who referenced Attorney General Opinion 2024‑04. That opinion states legislators cannot serve as assistant district attorneys because those roles require taking the district attorney’s oath and exercising sovereign executive authority. However, the opinion allows a legislator to serve as a private special assistant on a single case or in a non‑oath‑bearing capacity. Grayson’s email concluded that no separation‑of‑powers barrier exists for the type of employment Romero holds, though he cautioned the summary was not a formal opinion.
Responses and next steps
The First Judicial District Attorney’s Office issued a statement defending its diligence, noting it had received the Attorney General’s guidance indicating the hire was permissible and that it welcomes a legal review based on the facts. Martinez said the complaint was prompted by constituents who believed the arrangement was improper, and he noted a separate complaint has been filed with the New Mexico State Ethics Commission.
Romero, who co‑chairs the Interim Legislative Ethics Committee and chairs the state’s Epstein commission, has not responded directly to requests for comment. The Attorney General’s office has not publicly confirmed whether it will open an investigation.
Original reporting: KOAT Albuquerque — read the source article.
