COMMENTARY:
Lawyering gets really fun when you not only do good, but (a) win and (b) get paid. I’m urging younger lawyers to pick up some brilliant opportunities to enjoy their practices.
First, by representing folks whose legitimate Inspection of Public Records Act requests get denied or bungled by arrogant or incompetent local governments. IPRA makes those straightforward and guarantees that winning gets you fairly paid, because our state strongly favors the public seeing public records. Courts must award attorney fees if you win. Winning is defined, in part, as procuring at least one document previously withheld. Since you gambled for a good cause, the fees may be more than your normal hourly rate.
You’re also defending democracy. Democracy depends on an informed citizenry. Free access to public documents is essential. The law also requires that a government denying access must specify the exception(s) in writing and describe the withheld documents. Sounds easy, but in my last big IPRA case, we explained that in detail to an inept, arrogant city attorney who refused to comply – which increased our damage award by $100 per day. These cases are made easy because they serve the public good. Your clients are often public-spirited folks trying to use the documents to expose problems in local government or demand government behave reasonably. And you get paid.
Second, local governments that allow public input can’t deny the right to speak without due process: written notice with clear and specific reasons, and a fair hearing before a neutral decision-maker, and narrow tailoring of any ban. As I’ve described in earlier columns, the County banned citizen Derrick Pacheco with zero due process. The county manager and the acting county attorney sent him a letter purporting to “trespass” him from the county building. There were inadequate reasons given, no hearing, let alone any appeal. Just, “Don’t Come Back.” When he next attended a county meeting and sought to speak, he was tossed on the ground, handcuffed, and spent 20 hours in jail.
That’s an exceptionally blatant and stupid violation. There was no emergency, the County knew the rules, and he ended up in jail, adding to his damages. The case is a surefire winner and surer than some to result in some financial damages as well as an injunction. Further, even trivial damages can trigger mandatory attorney’s fees under federal civil rights law.
Finally, a citizen is suing the state over Project Jupiter, arguing that our rights under the New Mexico State Constitution require the State to mandate more use of renewable energy. He hopes to compel Project Jupiter to revise its potentially environmentally devastating microgrid gas model toward more use of renewable energy.
Our Constitution guarantees our right to “enjoy life and liberty” and “seek and obtain safety and happiness.” Those are broader than some states’ provisions, but do not specify “a beneficial environment” as some newer provisions do. It’d be tough to find safety or happiness, or maintain life very long, without breathable air and safe water. If my apartment lease guaranteed my right to enjoy life and be safe and happy, you sure couldn’t deprive me of healthy air to breathe.
This case I wouldn’t bet my life on winning; but the argument is reasonable, New Mexico has a thoughtful Supreme Court, and the argument deserves effective presentation, and should not be denied a hearing at the highest level because one side knows legal tricks and procedures and the other doesn’t.
Peter Goodman's opinions are his own and do not necessarily reflect the views of KRWG Public Media or NMSU.