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N.M. Attorney General Gary King
State Auditor Hector Balderas says Attorney General Gary King may be illegally using a subpoena for documents as a way to find out what Balderas has discovered in the course of investigations involving King, the AG’s office or other agencies with which King has a conflict.
While Balderas isn’t saying exactly what his office is investigating that might involve King or King’s office, he said he believes a broad subpoena issued by King’s office for state auditor records “is being used as a backdoor” for information about the auditor’s probes that relate to the AG or his office. He called that “illegal misuse of the subpoena” and said it threatens the auditor’s ability to investigate.
“I’m very concerned that a subpoena would be used to disrupt or usurp independent, constitutional authority to protect taxpayers,” Balderas said in an interview. “The law is set up in a way that there are two, independent watchdogs.”
Balderas’ words are the latest in a fight between the two statewide elected officials and their offices over the subpoena. Several months ago, Balderas turned over to King — to avoid any appearance of impropriety — tips received by his office’s audit fraud hotline alleging that Balderas made improper purchases and had an employee babysit his children on state time. Balderas says the allegations are demonstrably false.
King’s office expanded its investigation into the allegations with the subpoena, which seeks a host of documents from the auditor’s office, including all tips sent to the fraud hotline, personnel files and “copies of all electronic communications” including e-mails, text messages, faxes, attachments and embedded files.
In a March letter, Balderas’ office said it would not comply with the subpoena because it “is not prepared to allow the (attorney general) to rummage through its files.” It wasn’t until today that Balderas elaborated on the concern about the motive behind the subpoena.
Officials mum on court hearing
Earlier today, a closed-door court hearing was held on the matter. Neither Balderas nor the AG’s office would talk about the secret proceedings, but it’s in that context that Balderas made his comments about the motive behind King’s subpoena.
“What no agency or elected official has the authority to do is to obstruct or interfere with ongoing auditor matters about elected officials or state agencies,” Balderas said. “We are very concerned because we have open matters that do involve the attorney general, the office of the attorney general and/or potential conflicts in other agencies, and we just would like the ability to independently review those matters under the state audit act.”
Phil Sisneros, King’s spokesman, would not offer any comment on Balderas’ charges. Because today’s hearing was secret, he said, “we are prohibited from discussing in any way.”
Balderas would not specify which special audits or other probes by his office relate to King or the AG’s office.
