Samuel Kane

Crime and public safety: New Mexico continues to struggle with violent crime, fentanyl and repeat offenders. What should the attorney general’s role be in addressing crime, and what specific actions would you take that are not already being handled by local prosecutors, law enforcement agencies and the courts?

If the current approach were working well enough, we wouldn’t be asking this question. That doesn’t mean police and prosecutors aren’t working hard. It means their work isn’t consistently producing safe communities. We have to understand why. The Attorney General is an integral part of that effort and I think the question is less about finding something nobody else is doing and more about finding the breakdown.

I want the DOJ’s investigators and prosecutors working in focused teams with local agencies against trafficking networks. I want better coordination so arrests become strong cases, and prosecutors have everything they need to detain and convict. The DOJ also has its own responsibility to defend convictions on appeal. These are different responsibilities, but they work hand in hand to keep New Mexico safe.

But we can’t do it alone. We need schools, families and treatment providers helping reach young people before criminals reach them. Every time a child becomes a defendant, we have to evaluate what we missed.

I can’t direct a judge’s decision or treat every local prosecutor as my employee. But I can make identifying and addressing these breakdowns a priority for all of us. Where I have authority, I’ll use it. Where the solution belongs to someone else, I’ll be clear about what needs to happen and persistent about getting it addressed.

Consumer protection: New Mexicans face concerns ranging from scams and predatory business practices to rising utility and insurance costs. What would be your highest priorities for the Attorney General’s Office in protecting consumers, and when should the state take legal action against private companies?

I wouldn’t tell a family that lost its savings to a scam that its problem matters less than somebody else’s utility bill. These issues deserve attention because they threaten the same thing: the security people have worked hard to build.

Even so, we must still decide where to put our strongest efforts. That should depend on what is happening, how serious the harm is, who is being affected and what we can feasibly do to stop it. We can take every kind of harm seriously without treating every case the same.

I’ll use our consumer-protection authority against fraud and unlawful housing practices and represent utility customers before the Public Regulation Commission to challenge unjustified rates. That’s squarely in the DOJ’s authority.

Insurance is different. The DOJ is not the Superintendent of Insurance. We don’t set premiums, and a high rate alone isn’t grounds for a lawsuit. But we can use our authority to represent communities in rate proceedings and argue for the people paying the bill. We don’t make the decision, but we can make the case that changes it.

Any legal action needs evidence and a legal basis. A company shouldn’t be sued simply because it is large or unpopular. But its size and influence shouldn’t protect it when it cheats and steals. I want legitimate businesses to succeed, and people harmed unlawfully to have a strong advocate.

Challenging the federal government: New Mexico’s attorney general has increasingly joined other states in lawsuits challenging actions of the federal government. What standard would you use to decide when New Mexico should participate in such litigation, including when the president is a member of your own political party?

We start with what New Mexico has at stake. There needs to be a legitimate basis for challenging the federal action and a clear explanation of what our lawsuit can accomplish for the people. Disagreeing with Washington isn’t enough.

We’ve always worked with the federal government, and we always will. But working together doesn’t mean surrendering our rights. When Washington exceeds its authority or disregards its obligations concerning our water, land, resources or constitutional rights, I will make the courts protect New Mexico.

Joining other states makes sense when solving their problem solves ours, and working together makes it more effective. I won’t join simply because other attorneys general have joined. If there is no New Mexico interest to protect, they can pursue their case without us.

A president from my own party gets the same standard. Party membership doesn’t expand the president’s authority or reduce my responsibility to New Mexicans.

I’m not Washington’s partisan opponent, but the Department of Justice is not the federal government’s branch office. I’ll work with any administration when that serves our people and challenge any administration when the law and our interests require it.

The reach of the office: The attorney general has broad authority involving public safety, consumer protection, environmental enforcement, civil rights and government accountability. Where do you believe the office is currently falling short, and what would you change during your first year in office?

I think we can do better with all of it. That doesn’t erase the good work the DOJ has done, and it doesn’t mean every continuing problem is their fault. But we shouldn’t be comfortable with falling short simply because several institutions are falling short together. Families experience these problems together, and they don’t divide their lives according to which agency is responsible.

I don’t want to rebuild the department. I want to change how it directs its efforts. In my first year, I would examine where our staff, investigators and litigation resources are going and identify where the work is breaking down. Then we concentrate our efforts on the problems that keep coming up despite past efforts.

We start with violent crime, drug trafficking, repeat offending and the failures that leave young people vulnerable to criminal influence. We also prioritize unlawful practices that threaten people’s housing, utility service and access to medical care. Those are basic conditions families need before communities thrive. Keeping children safe online matters less when those same children live in unsafe homes and neighborhoods. Progress in one part of their lives is undermined when we leave another unresolved.

The Attorney General can’t fix everything. But I can take responsibility for how this office uses its powers, measure whether it’s helping, and not pretend its succeeding when it’s not. 

The Bulletin asked each Dona Ana County candidate four questions to allow voters to assess where the candidates stands on important issues heading into the election. The questions vary for each office, but are the same for every candidate running for the same office.