Legis Lawsuit Averted

The New Mexico Legislature officially avoided a lawsuit alleging a state law violates the Constitution after Gov. Michelle Lujan Grisham signed House Bill 169 on Thursday.

The law now allows those who file a legislative ethics complaint to speak freely about it. Prior to HB 169 becoming law, a complainant, but not the accused, was required to stay silent. It also renders “legally moot” a First Amendment complaint filed September 2022 in the First Judicial District, according to Levi Monagle, the attorney who filed the lawsuit on behalf of lobbyist Marianna Anaya.

Anaya had filed a formal complaint in early 2022 with the Legislative Council Service alleging Sen. Daniel Ivey-Soto, D-Albuquerque, sexually harassed and bullied her multiple times during prior legislative sessions. A small panel of lawmakers ultimately voted not to hear the complaint, but a report leaked to SFR last September showed contract counsel for the Legislature found probable cause that Ivey-Soto violated the body’s anti-harassment policy. Anaya, meanwhile, was prohibited by law from speaking publicly about her complaint, while Ivey-Soto declared in an Albuquerque Journal op-ed that he was exonerated.

Just before the 2023 legislative session began, Monagle and the Legislature’s attorney agreed to pause the litigation until legislators had a chance to change the law. Mongale tells SFR the law eliminates what he calls a “one-sided gag order” for Anaya, but also for anyone who files a complaint after her.

“There was a very distinct sort of flavor of home field advantage to the prior law, and that extended well beyond just Marianna’s particular allegation and particular investigative process,” Monagle says. Monagle confirms to SFR that he and Anaya will be withdrawing the suit.

Sponsored by Rep. Reena Szczepanski, D-Santa Fe, HB 169 saw a fair amount of debate and hand wringing by House members during a floor debate. Some Democrats voted against it and a handful of Republicans voted for it, but the overlying objection was that false claims could damage the reputation of legislators.

The bill had an easier time making its way through the Senate before it headed to the governor’s desk about two days before the end of the session.

Monagle says he understands the concern that false allegations might be hard to bounce back from, but notes the legislative ethics complaint process is designed to bring those falsehoods to light. He says more troubling than possible negative campaign fliers that stem from false allegations are the legitimate complaints that get buried.

“The flip side of the false allegation concern is the true allegation that ever sees the light of day,” Mongale says.

Even the report leaked to SFR leaves questions about the process unanswered. It names the panel of four legislators who voted against setting the matter for a legislative hearing, but does not specify how each subcommittee member voted and reveals little about the previous process. Just ahead of the 2023 legislative session, an interim committee approved rule changes also aimed at making the entire process more transparent.

News that Lujan Grisham, who has also faced allegations of sexual harassment, signed HB 169 and a long list of other bills was overshadowed by her signature on a high profile voting bill. The governor’s office did not issue a news release about HB 169 and declined to offer any comments on HB 169 becoming law.

Assistant Director for Legislative Affairs Amy Chavez-Romero tells SFR in an email that the Legislative Council Service cannot comment on pending litigation.