New Mexico Supreme Court says lawmakers can’t be sued for decisions they make as part of their jobs

The ruling protects senators and representatives from lawsuits over official decisions — even if those decisions upset other lawmakers.

Organ Mountain News report

SANTA FE — The New Mexico Supreme Court says state lawmakers can’t be sued for decisions they make as part of their jobs — even if those decisions seem unfair to others.

The ruling came Monday in a case involving Senate President Pro Tempore Mimi Stewart and former Sen. Jacob Candelaria, who had claimed Stewart punished him by moving his office and Senate seat after he spoke out against her.

But the justices said the state Constitution gives lawmakers special protection — called legislative immunity — for any decision that’s part of their official duties.

“When legislative immunity applies, recourse is found not in the courts, but at the ballot box,” the court wrote.

📜 What the case was about

In 2022, Candelaria filed a lawsuit claiming Stewart retaliated against him after he criticized how she handled a staff issue. He said she moved his Capitol office and changed where he sat in the Senate chamber — and he argued it was personal, not part of her job.

A lower court said it needed to look at Stewart’s motives before deciding if she was protected under the law.

But the Supreme Court disagreed.

🧑‍⚖️ What the court decided

All five justices ruled in favor of Stewart. They said that as long as a lawmaker is doing something related to official government work, their intent doesn’t matter — they can’t be sued.

The court also said that things like:

• Moving a senator’s office (especially if it involves money or budgeting), and
• Changing a seat on the Senate floor (because it affects how debates happen)

…are both legitimate legislative activities protected by the Constitution.

⚖️ Why it matters

The court said the decision protects the balance of power in government. If lawmakers could be sued over their official decisions, judges and private citizens could interfere in the work of the Legislature.

“Private actions… imperil legislative independence,” the opinion reads.

This ruling helps set a clear rule for the future: Legislators can’t be taken to court for how they do their jobs in the House or Senate.

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