Introduction

Access to public records is one of the fundamental rights afforded to people in a democracy. Even where there is no statute, a common law right to inspect and copy public records affords members of the public the opportunity to keep a watchful eye on government. Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978). As acknowledged by the New Mexico Supreme Court, “[w]ritings coming into the hands of public officers in connection with their official functions should generally be accessible to members of the public so that there will be an opportunity to determine whether those who have been entrusted with the affairs of government are honestly, faithfully and competently performing their function as public servants.” State ex rel. Newsome v. Alarid, 90 N.M. 790, 795, 568 P.2d 1236 (1977) (quoting with approval MacEwan v. Holm, 359 P.2d 413, 420-21 (Or. 1961)).

As will be discussed in this Compliance Guide, there are circumstances where the right to inspect public records is outweighed by specific competing interests protecting the confidentiality of certain records. However, courts interpreting the Act have established a clear presumption in favor of access:

A citizen has a fundamental right to have access to public records. The citizen’s right to know is the rule and secrecy is the exception. Where there is no contrary statute…, the right to inspect public records must be freely allowed. 

Newsome, 90 N.M. at 797. 

Accordingly, public officials and employees should strive to ensure that all reasonable requests to inspect public records are promptly and efficiently granted. To that end, this Compliance Guide (“Guide”) has been prepared by the Attorney General to inform state and local government agencies and the public about the right to inspect public records under the Act and to assist in resolving questions about the Act’s applicability in particular situations. For ease of understanding, this Compliance Guide is divided into three areas: 

1) The Law, as written, is in bold type.
2) Commentary or explanation is in regular
3) Examples of when the law would and would not apply are in italic

For the convenience of those who are requesting and responding to requests for public records under the Act, Appendix II of this Guide contains suggested forms that may be followed for those purposes. 

If you would like additional copies of this Guide, or if you have any questions about it or the applicability of the Act, please contact the Open Government Division of the Office of the Attorney General at P.O. Drawer 1508, Santa Fe, New Mexico 87504-1508, or by telephone at (505) 827- 6070. The Guide is also available at the Office of the Attorney General’s website at www.nmag.gov. 

This Guide does not attempt to anticipate all problems or questions that may arise in the course of government business. It is hoped, however, that the Guide will serve to resolve recurring questions concerning the applicability of the law. For questions not addressed in the Guide, public bodies should direct compliance questions to their attorneys. In addition, the Office of the Attorney General will answer questions from members of the public and government agencies concerning application of the Act. 

The Office also provides educational workshops on the Act throughout the state for members of the public and state and local governments. To find out when the next Inspection of Public Records Act workshop will be held in your area, please contact the Open Government Division.