2023 New Mexico Statutes › Chapter 38 - Trials › Article 2 - Pleadings and Motions › Section 38-2-9.2 - Findings and purpose.

The legislature declares that it is the public policy of New Mexico to protect the rights of its citizens to participate in quasi-judicial proceedings before local and state governmental tribunals. Baseless civil lawsuits seeking or claiming millions of dollars have been filed against persons for exercising their right to petition and to participate in quasi-judicial proceedings before governmental tribunals. Such lawsuits can be an abuse of the legal process and can impose an undue financial burden on those having to respond to and defend such lawsuits and may chill and punish participation in public affairs and the institutions of democratic government. These lawsuits should be subject to prompt dismissal or judgment to prevent the abuse of the legal process and avoid the burden imposed by such baseless lawsuits.
History:
Laws 2001, ch. 218, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 218 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
Protections when exercising the right to petition.
— Where respondent, a Taos school board member, brought a malicious abuse of process claim against petitioners, eighteen members of an unincorporated citizens' association who sought to remove respondent from office, the district court properly granted petitioners' motion to dismiss, because petitioners who pursue the recall of a local school board member under the Local School Board Member Recall Act, 22-7-1 to 22-7-14 NMSA 1978, are entitled to the procedural protections of the New Mexico statute prohibiting strategic litigations against public participation (Anti-SLAPP statute, 38-2-9.1 NMSA 1978), and are entitled to immunity under the
Noerr-Pennington
doctrine when they exercise their first amendment right to petition.
Cordova v. Cline
, 2017-NMSC-020,
rev'g
2013-NMCA-083, 308 P.3d 975.
Anti-SLAPP statute inapplicable in federal diversity action.
— Where a lessee of geothermal mineral rights brought an action in federal court alleging that the owner of a portion of surface estate breached the parties' joint facility operating agreement by objecting to their state permit applications, and where defendants filed a special motion to dismiss pursuant to 38-2-9.1 NMSA 1978, New Mexico's legislative enactment aimed at thwarting "strategic litigation against public participation" (SLAPP), asserting that New Mexico's anti-SLAPP statute is a substantive state law designed to protect the defendants from having to litigate meritless claims aimed at chilling first amendment expression, the district court did not err in denying defendants special motion, because New Mexico's anti-SLAPP statute is a procedural mechanism designed to expedite the disposal of frivolous lawsuits aimed at threatening free speech rights, and thus does not apply in federal courts as a substantive right or remedy.
Los Lobos Renewable Power, LLC v. Americulture, Inc
., 885 F.3d 659 (10th Cir. 2018).
Law reviews.
— For comment, "Resolving Land-use Disputes by Intimidation: SLAPP Suits in New Mexico," see 32 N.M.L. Rev. 217 (2002).