ALBQUERQUE, N.M. (AP) - An Albuquerque woman wants a judge to throw out a New Mexico state law making it a crime to reveal civil settlement details with a state agency before a set period.
Shani Madden filed the lawsuit this week seeking to overturn a 180-day gag order on settlements that have been interpreted differently by New Mexico governors, the Albuquerque Journal reports .
Her lawsuit is connected to her 7-year-old divorce case and a settlement filed under the state Inspection of Public Records Act against the General Services Department for failing to respond to a request for public records.
The lawsuit alleges a contract attorney said it was General Services Department’s position that state law requires everyone involved in a settlement, including people not employed by the state, to abide by a 180-day gag order in state law or face criminal prosecution.
General Services Secretary Ken Ortiz said the department is committed to transparency on claims by the Risk Management Division “to the extent allowed by law.”
Madden in a statement she wants to be able to talk about the public records settlement.
“After years of harrowing divorce litigation, I discovered a potential conflict between the judge and opposing counsel and had to sue the State to get relevant records,” Madden said in a statement. “Being prohibited from telling my story adds insult to injury and prevents me from discussing a matter of valuable public interest.”
Although the law uses the term “any person,” Ortiz said people who have made claims that are resolved in Risk Management Division settlements are not prohibited by the law from talking about their claims.
Madden’s attorney, Ken Stalter, said “this case goes to the core of the freedom of speech - shining a light on the conduct of public officials.”
He added: “We are asking the court to strike down the unconstitutional law that keeps state settlements cloaked in shadow.”
Risk Management has taken the position that settlements are confidential for 180 days after the latest of several dates, including when a settlement is reached and when the statute of limitations for the claim has expired.
In many cases, that interpretation keeps a settlement secret far longer than 180 days from when they are reached.
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Information from: Albuquerque Journal, http://www.abqjournal.com
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