Saturday, March 19, 2011

AG King's "legal" weaselry

The Office of the Attorney General is being sued for discrimination against female employees.

The attorney representing the three women who filed suit, asked for salary records. The salary records can be called one or both, of two things; public records and/or "discovery" in the lawsuit. NMAG Gary King decided to called them "discovery" to block their surrender.

The Attorney General's Office's reluctance to surrender the records, suggests that they are more hurtful than helpful to the AG's defense against charges of discrimination.

The salary records are first and foremost, public records. The fact that these public records also fall under "discovery" is a technicality being exploited by King. Because a federal judge ordered a stay in the surrender of discovery, King argued that they were no longer subject to the Inspection of Public Records Act.

A district court judge has ruled against King, link, and in favor of the surrender of the records.

The judge pointed out that, King had not provided the court with "any legal support for his argument". Nor did King point to any statute or regulation prohibiting the surrender of the records. Nor did King even assert that the requested records were confidential or protected by the law in any way.

Bottom line, it looks like King is stalling.

He took an argument to court,
knowing the argument was nonsense,
for no reason except to delay the process.

He is using technicalities, loopholes and "legal" weaselry to escape accountability for his conduct and competence as the Attorney General.

The $100 per day fines that have accrued, court costs, and legal fees on both sides, will be paid by taxpayers, not by King.

He gets of scot free.



photo Mark Bralley

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