Gov. Martinez Seeks To Dismiss Records Case

Mar 28, 2014

Credit Office of the Governor

Gov. Susana Martinez is raising constitutional arguments in defending against a lawsuit by The Associated Press. The news organization is seeking public records about her travel and work schedules as well as cell phone calls by the governor and her staff.

In documents filed Monday in state district court, the governor's lawyer said a court injunction sought by the AP to enforce the public records law would violate the constitutional doctrine of separation of powers. Attorney Paul Kennedy argued that if the judge granted the AP request, the court would effectively be "administering the operations" of Martinez's office and the Department of Finance and Administration.

Kennedy asked the court to dismiss the lawsuit. He also contends federal law pre-empts the state's public records law in some instances.

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