Court Grants New Mexico Nonprofits Full Attorney’s Fees

State District Court Judge Judith Herrera ruled yesterday that the State of New Mexico must pay $72,000 in attorney fees and costs to the Center for Civic Policy and the Southwest Organizing Project, according to a statement released today by the two organizations.

The Court ordered the state to pay the two nonprofit organizations’ court fees after Judge Herrera ruled last August in favor of the nonprofit organizations in their lawsuit against New Mexico Secretary of State Mary Herrera.

Satisfying -- except that the taxpayers will have to pay for the fight against the bogus ruling against nonprofits that appeared to be part of an all-out attack in response to several status quo Dems being ousted in primary elections in 2008 by reformers. And except that the nonprofits had to waste time and energy to ensure their constitutional rights.

In 2008, the two organizations were forced to seek protection in federal court against Secretary of State Herrera’s decision to require New Mexico Youth Organized and Southwest Organizing Project to register as “political committees.”

In August, Judge Herrera issued a decision granting summary judgment in favor of the nonprofits, ruling that the speech of NMYO and SWOP is protected by the First Amendment -- and the Secretary of State is without power to regulate it.

Despite the decisive victory in District Court and despite the clearly settled law in this area, New Mexico Attorney General Gary King has decided to appeal the ruling to the 10th Circuit Court. If that appeal is unsuccessful, it could cost taxpayers even more in attorney's fees and costs.

Today the two groups hailed Judge Herrera’s decision both as a vindication of their work to improve the quality of life for all New Mexicans and as a strong statement against attempts to intimidate them. The huge legal fees the groups had to spend to defend themselves would have buried many small nonprofits in New Mexico, they noted.

“This is further evidence that nonprofit organizations are well within their right to hold public officials accountable,” said Center for Civic Policy chief operating officer Matt Brix. New Mexico Youth Organized is a project of the Center for Civic Policy.

But the groups also lamented the fact that taxpayer money will now be spent because of the Secretary of State's baseless order.

“It is upsetting that state money is being spent on frivolous pursuits like this when a deficit is prompting discussion of cutting education and health care for children,” said SWOP communications director George Lujan.

The nonprofits also prevailed against a lawsuit filed earlier by Shannon Robinson, Dan Silva and James Taylor -- the three legislators who lost primary races against Dem challengers.