NEWS
Democratic lawmaker steps down from DA's office job after AG says arrangement violated state law
NM Department of Justice refutes claims by Rep. Andrea Romero that legal guidance was politically motivated
Published
SANTA FE 鈥� A prominent Democratic state lawmaker who leads New Mexico鈥檚 truth commission focused on Jeffrey Epstein鈥檚 past ties to the state said Tuesday she was stepping down from her part-time job with the local district attorney鈥檚 office.
Rep. Andrea Romero, D-Santa Fe, announced her decision a day after Attorney General Ra煤l Torrez, a fellow Democrat, issued a memo concluding her employment violated state law.
But Romero also accused Torrez of changing his stance on legislators working for public prosecutors, saying she previously got authorization to hold both positions.
Romero, a four-term Democrat, claimed the about-face was an attempt by Torrez and the state Department of Justice to disrupt the work of the Epstein truth-finding commission, which recently released its interim report.
鈥淒espite their best effort, my work as chair of the truth commission will continue undeterred, and I remain committed to serving survivors and the public,鈥� Romero said in a Tuesday statement.
The kerfuffle began after Romero was hired on a part-time basis in May to do case review for 1st Judicial District Attorney Mary Carmack-Altwies鈥� office, a DA鈥檚 office spokeswoman said Tuesday. Romero was paid slightly more than $48 per hour for her work.
But the hiring caught the attention of some local advocates and House Minority Whip Alan Martinez, R-Rio Rancho, since state law stipulates legislators may not receive compensation for work as an officer or employee of the state.
Martinez requested an investigation into Romero鈥檚 job arrangement last week, saying New Mexico residents deserved answers and accountability.
鈥淭his is not a technical ethics question that can be brushed aside,鈥� Martinez said. 鈥淪tate law appears clear, and the attorney general鈥檚 own office has previously stated that a legislator cannot serve as an assistant district attorney.鈥�
In a Monday memo addressing the situation, Torrez said the law is clear that sitting legislators cannot be hired for a permanent position at a district attorney鈥檚 office.
However, Torrez also said no criminal or civil sanctions would be pursued against Romero or the Santa Fe-based district attorney鈥檚 office, citing confusion about a previous 2024 legal opinion.
That legal opinion applied to legislators appointed as special prosecutors in a criminal case, an arrangement the Democratic attorney general concluded was lawful.
In a twist, the request for the 2024 legal opinion was made by Rep. Andrea Reeb, R-Clovis, who served as a special prosecutor in the state鈥檚 criminal case against actor Alec Baldwin before stepping down in 2023. Baldwin was charged with involuntary manslaughter in connection with a 2021 shooting death on the set of the movie 鈥淩ust鈥� outside Santa Fe, but a state judge ultimately threw out the charge.
Currently, Reeb is also a member of the bipartisan Epstein truth commission, a four-member panel that was created by the state House during this year鈥檚 30-day legislative session.
The truth commission has in recent weeks, after its interim report omitted any reference to Democratic gubernatorial nominee Deb Haaland having flown on a plane chartered by Epstein in 2014.
Meanwhile, a spokeswoman for New Mexico鈥檚 top attorney strongly refuted Romero鈥檚 claims that Torrez鈥檚 legal opinion was politically motivated.
鈥淲e appreciate her frustration at losing her part-time job at the District Attorney鈥檚 Office, but we reject any insinuation that our recently released guidance on that issue was motivated by anything other than the law,鈥� said Lauren Rodriguez, Torrez鈥檚 chief of staff at the state Department of Justice.
She also said Torrez has spent much of his legal career advocating for victims鈥� rights, rather than 鈥渕oonlighting as a part-time prosecutor.鈥�
For his part, House Speaker Javier Mart铆nez, D-Albuquerque, struck a more neutral tone, lauding the attorney general for clarifying the issue and Romero for voluntarily stepping down from her job.
鈥淚 encourage my fellow lawmakers to take heed of this clarification from Attorney General Torrez and follow Rep. Romero鈥檚 lead, if necessary, to uphold the high standards of transparency and accountability expected of us as elected leaders,鈥� Mart铆nez said in a statement released by the House Democratic caucus.
New Mexico is currently the only state that does not pay its legislators a salary, though lawmakers do receive a per diem payment while they鈥檙e in session to cover their food and lodging expenses. They can also qualify for a legislative pension program.
Statewide voters in November will decide the fate of a proposed constitutional amendment that would change that by allowing lawmakers to be paid the gross median annual income in New Mexico 鈥� or roughly $64,000 per year.
North颅ern New Mex颅ico Cor颅res颅pond颅ent John Miller con颅trib颅uted to this report. He can be reached at jmiller@abq颅journal. com.
Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.
