NM Supreme Court narrows whistleblower protections, citing public interest

The justices ruled that reports of government misconduct must benefit the public — not just the employee — to qualify for legal protection.

Organ Mountain News report

LAS CRUCES - Public employees who report misconduct are only protected under New Mexico’s whistleblower law if their disclosures benefit the public, the state Supreme Court ruled Thursday in a unanimous decision.

The ruling clarifies who qualifies for protection under the New Mexico Whistleblower Protection Act, which prohibits state and local government employers from retaliating against workers who expose illegal or unethical conduct.

“A public employee’s disclosure of illegality or wrongdoing qualifies for protected whistleblower status, if otherwise eligible, so long as the disclosure confers a benefit on the public,” Chief Justice David K. Thomson wrote in the opinion. “Irrespective of which benefit — public or personal — may be said to predominate.”

The case centers on Manuel Lerma, a correctional officer who alleged he was attacked by a coworker and later reassigned after reporting safety violations at a New Mexico prison. Lerma claimed staff failed to follow safety protocols at a secure gate known as the sally port — an oversight he said endangered public safety. He sued the state Department of Corrections under the NMWPA after reporting both the misconduct and the alleged assault.

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A district court dismissed the case, siding with the state, which argued Lerma’s complaints amounted to internal employment grievances rather than whistleblowing in the public interest. Lerma appealed, and the New Mexico Court of Appeals ruled in his favor — but the Supreme Court reversed part of that decision.

The justices said the lower court erred by rejecting a public benefit requirement for whistleblower protection and failing to follow existing precedent. The case now returns to the Court of Appeals to decide whether Lerma’s disclosures meet the clarified standard.

The full opinion in Lerma v. State (No. S-1-SC-40126) is available on the New Mexico Compilation Commission website.

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