N.M. Stat. » N.M. Stat. / Chapter 10 / Article 16
New Mexico Statutes

N.M. Stat. § 10-16-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 10, Article 16 NMSA 1978 may be cited as the "Governmental Conduct
Act".

History: 1953 Comp., § 5-12-1, enacted by Laws 1967, ch. 306, § 1; 1993, ch. 46, § 26.

                                      ANNOTATIONS

The 1993 amendment, effective July 1, 1993, rewrote this section, which read "This act
may be cited as the 'Conflict of Interest Act'".

Disclosure of disciplinary proceedings based on alleged violation of act. — An
attorney's revelation to the secretary of state of the outcome of disciplinary proceedings
against another attorney who had been a staff attorney for the New Mexico public
utilities commission, which disciplinary proceedings were based on the disclosing
attorney's letter to the secretary of state alleging a violation by the other attorney of the
Governmental Conduct Act was not actionable as a public disclosure of private facts.
Fernandez-Wells v. Beuvois, 1999-NMCA-071, 127 N.M. 487, 983 P.2d 1006.

Scope of act. — This article applies only to state agencies and that term would not
include a county commission. 1969 Op. Att'y Gen. No. 69-135.

As a state agency, the retiree health care authority is subject to those provisions of this
article that apply to state agencies. 1991 Op. Att'y Gen. No. 91-06.
Effect on school districts. — It would not have been necessary to enact Section 22-
21-1 NMSA 1978 of the public school code if this article applied to school districts. 1969
Op. Att'y Gen. No. 69-19.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and
Employees §§ 321 to 323, 325.

67 C.J.S. Officers and Public Employees §§ 34, 89, 204.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1999–2025 · leading case: State v. Maestas, 2007 NMSC 1 (N.M. 2006).
Sort: Relevance Newest Treatment
State v. Maestas, 2007 NMSC 1 (N.M. 2006). · cites it 2× “The Governmental Conduct Act was originally titled the Conflict of Interest Act, see NMSA 1953, § 5-12-1(1967) (recodified at NMSA 1978, § 10-16-1 (1967)), and was renamed the Governmental Conduct Act in 1993, 1993 N.”
State v. Gutierrez, 523 P.3d 560 (N.M. 2022). · cites it 2× “{1} This consolidated case requires us to determine whether the Legislature intended for violations of NMSA 1978, Section 10-16-3(A)-(C) (2011) (“Subsections (A)- (C)”) of the Governmental Conduct Act (GCA), NMSA 1978, §§ 10-16-1 to -18 (1967, as amended through 2019), to be…”
State v. Gutierrez, 2020 NMCA 045 (N.M. Ct. App. 2020). · cites it 2× “{1} Does a government official who fails to abide by the ethical principles imposed by the Legislature commit a crime under the Governmental Conduct Act (GCA), NMSA 1978, §§ 10-16-1 to -18 (1967, as amended through 2019)? This is the question we are called upon to answer in each…”
Fernandez-Wells v. Beauvais, 983 P.2d 1006 (N.M. Ct. App. 1999). · cites it 2× “In October 1996, Defendant lodged a complaint against Plaintiff with the Secretary of State, alleging that Plaintiff had violated the Governmental Conduct Act NMSA 1978, § 10-16-1 (1993). Defendant forwarded a copy of this letter of complaint to the New Mexico State Bar…”
Janet v. Marshall, 2013 NMCA 037 (N.M. Ct. App. 2013). · cites it 2× “Plaintiff points to companion statutes governing the conduct of public officers and employees — the Governmental Conduct Act (GCA), NMSA 1978, § § 10-16-1 to -18 (1967, as amended through 2011), and Financial Disclosures Act (FDA), NMSA 1978, §§ 10-16A-1 to -8 (1993, as amended…”
JaNet v. Marshall, 2013 NMCA 37 (N.M. Ct. App. 2012). · cites it 3× “Plaintiff points to companion statutes governing the conduct of public officers and employees—the Governmental Conduct Act (GCA), NMSA 1978, §§ 10-16-1 to -18 (1967, as amended through 2011), and Financial Disclosures Act (FDA), NMSA 1978, §§ 10-16A-1 to -8 (1993, as amended…”
Midway Leasing, Inc. v. Wagner Equip. Co., 356 F. Supp. 3d 1207 (D.N.M. 2018). · cites it 2× “See N.M. Stat. Ann. §§ 10-16-1 to -18. In comparison, Section 2-11-8 is part of a set of rules governing conduct in the state legislature.”
N.M. Families Forward v. N.M. State Ethics Comm'n (N.M. Ct. App. 2025). · cites it 2× “275 , 281-85 (2021) (reviewing the history of ethics 18 legislation in New Mexico from the enactment of the LRA, the CRA, and the 19 Conflict of Interest Act in the 1960’s and 1970’s (now codified as the Governmental 20 Conduct Act, NMSA 1978, §§ 10-16-1 to -18 (1967, as amended…”
N.M. Fams. Forward v. N.M. State Ethics Comm'n (N.M. Ct. App. 2025). · cites it 2× “275 , 281-85 (2021) (reviewing the history of ethics legislation in New Mexico from the enactment of the LRA, the CRA, and the Conflict of Interest Act in the 1960’s and 1970’s (now codified as the Governmental Conduct Act, NMSA 1978, §§ 10-16-1 to -18 (1967, as amended through…”
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