State Attorney General Q&A

Oct. 13—Jeremy Gay

Age: 33

City or area of primary residence: Gallup

Educational background: Bachelor's degree in politics, Ave Maria University; juris doctor, Ave Maria School of Law

Occupation: Attorney

Party affiliation: Republican

Political Experience: No previous elected position.

Relevant life experience: U.S. Marine Corps judge advocate and special assistant U.S. attorney who investigated and prosecuted criminal offenses and trained federal law enforcement officers. Managed a legal assistance office, leading a team of attorneys dedicated to providing pro bono consumer protection and civil legal services. A husband, a father of six, a small-business owner, and a community attorney with hands-on experience serving to protect the rights and freedoms of everyday New Mexicans.

Have you ever been charged or convicted of a crime, including drunken driving?: No.

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business?: No.

Have you ever been the subject of liens for unpaid taxes?: No.

1. The Administrative Office of the Courts recently disseminated a study — from UNM Institute for Social Research, Center for Applied Research and Analysis and the Santa Fe Institute — which concluded proposals to make it easier to jail defendants awaiting trial would do little to reduce crime while increasing the number of people who would be incarcerated unnecessarily. What is your opinion of the study and its conclusions?:

I do not think that anyone should be incarcerated unnecessarily. The question is: When is it necessary for the New Mexican criminal justice system to hold alleged criminals in custody awaiting trial? In cases of repeat offenders, high flight risks, and ongoing threats to the community, the criminal justice system needs to function and protect New Mexicans. When a violent offender gets released awaiting trial and hurts or kills someone, it's a completely avoidable tragedy.

2. Why should New Mexico voters choose you for attorney general over your opponent?:

New Mexico needs an AG who is focused on executing the mission of the office — a candidate who is looking out for the safety and prosperity of everyday New Mexicans. I have the experience, the leadership and the integrity to take on the challenges we are currently facing. My opponent has had every opportunity to make Bernalillo County and New Mexico safer, and he has failed to do so as a DA and a leader.

3. Explain how proceeds from settlements obtained by the AG's Office through consumer protection cases should be used to benefit New Mexicans who suffered ill effects from the products or services at issue in the civil claims. Please give one specific example of a settlement obtained by the AG's Office in the past eight years and how it was used in a way that benefited consumers harmed by the product or service.:

Whenever possible, proceeds from settlements obtained by the AG's Office should go directly towards compensating those harmed by the underlying wrongdoing. One good example was the 2022 settlement with Livingston Hearing Aid Centers resulting in an agreement that distributed $1.4 million in restitution to hundreds of defrauded New Mexican consumers and secured $300,000 worth of free hearing aids and other assistance for at-risk populations throughout the state.

4. How would you use the authority of the Attorney General's Office to address environmental threats faced by the state and do you believe the office should be at the forefront of such cases?:

The AG's Office should be at the forefront of protecting New Mexico's natural environment and resources, especially water, our most precious resource. As AG, I would use the authority of the office to diligently obtain penalties and restitution in the event of damage to our environment through investigating and prosecuting businesses or individuals who violate our environmental protection laws.

5. Rate the current AG Office's administration's effectiveness in enforcing the Inspection of Public Records Act on a scale of 1 to 10 and state what you would do to be more effective if elected.:

I would have to rate the current administration effectiveness at a 1 out of 10 for no other reason than they violated IPRA themselves. In Judge Ortega's 2022 order, she stated the AG's Office had "failed to comply with the requirements of IPRA. Such failure to comply is inexplicable and justifies imposing the maximum statutory damages available." As AG, I will be dedicated to government transparency enforcing IPRA and abiding by IPRA.

Raúl Torrez

Age: 46

City or area of primary residence: Albuquerque

Educational background: AB in government, Harvard University; MS in international political economy, London School of Economics; juris doctorate, Stanford Law School

Occupation: District attorney, Bernalillo County

Party affiliation: Democrat

Political Experience: District attorney, Bernalillo County; elected in 2016, reelected in 2020.

Relevant life experience: Bernalillo County DA, 2017-present; private practice, 2013-17; assistant U.S. attorney, 2011-13; special adviser and White House Fellow — Department of Justice, 2009-10; special assistant U.S. attorney, 2008-09; assistant AG, 2006-09; assistant DA, 2005-06.

Have you ever been charged or convicted of a crime, including drunken driving?: No.

Have you ever filed for bankruptcy or been involved in a bankruptcy proceeding, either personally or in business?: No.

Have you ever been the subject of liens for unpaid taxes?: No.

1. The Administrative Office of the Courts recently disseminated a study — from UNM Institute for Social Research, Center for Applied Research and Analysis and the Santa Fe Institute — which concluded proposals to make it easier to jail defendants awaiting trial would do little to reduce crime while increasing the number of people who would be incarcerated unnecessarily. What is your opinion of the study and its conclusions?:

It is a political document premised on flawed data, manufactured to justify an obviously broken system. Hundreds of violent repeat offenders have been released back into my community, where 85 percent support our efforts to make it easier to detain murderers, rapists, child abusers and anyone who uses a gun. I am proud that the governor supports our common sense approach to make our communities safer, which I intend to carry on as AG.

2. Why should New Mexico voters choose you for attorney general over your opponent?:

New Mexicans want an experienced leader who shares their values and is prepared to defend democracy, safeguard reproductive rights and protect consumers and the environment. I'm that candidate. I've taken on right-wing militias, supported common-sense gun safety laws, tackled the rape kit backlog and prosecuted violent crime, child abuse and fraud. As AG, I'll use that experience to fight extremism, advocate for common sense public safety measures and protect the interests of the people.

3. Explain how proceeds from settlements obtained by the AG's Office through consumer protection cases should be used to benefit New Mexicans who suffered ill effects from the products or services at issue in the civil claims. Please give one specific example of a settlement obtained by the AG's Office in the past eight years and how it was used in a way that benefited consumers harmed by the product or service.:

Any monetary settlement on behalf of consumers should be directed to the individuals who were harmed. I do not support settlements like the one recently executed with Vivint Solar, which resulted in a large monetary award for the state but no recovery for individual consumers. Instead, settlements should be structured like in the case against the student loan processor Navient, where the settlement directly benefited defrauded students in the form of debt cancellation and restitution.

4. How would you use the authority of the Attorney General's Office to address environmental threats faced by the state and do you believe the office should be at the forefront of such cases?:

We must protect our state's precious natural resources and our water. As AG, I will support the Water, Environment, and Utilities Division with experienced, in-house attorneys to ramp up protection for New Mexico's water resources and environment, including better representation for residential and small business consumers in matters before the PRC, enforcement of environmental protection laws, and engaged participation with rule-making agencies. Any bad actors who pollute or damage our state must be held accountable.

5. Rate the current AG Office's administration's effectiveness in enforcing the Inspection of Public Records Act on a scale of 1 to 10 and state what you would do to be more effective if elected.:

The Attorney General's Office plays an indispensable role in not only defining the legal parameters of the Inspection of Public Records Act but enforcing it with state and local government agencies. As attorney general, I intend to invest in regular and comprehensive training as well as stepped up enforcement by building a team of litigators that focuses exclusively on transparency, accountability and good governance.