Dec. 23—SANTA FE — The New Mexico Supreme Court has ordered the dismissal of a lawsuit filed against the top-ranking Democrat in the state Senate by a former senator who alleged he had been illegally retaliated against.
The Supreme Court’s unanimous ruling this month found Senate President Pro Tem Mimi Stewart’s actions — reassigning the Senate seat and Capitol office location of ex-Sen. Jacob Candelaria — were covered by legislative immunity, a doctrine that protects legislators from facing legal claims over their official actions.
“I am thrilled they reasserted what’s clear in the state and federal constitutions,” said Stewart, an Albuquerque Democrat who also acknowledged feeling relief after the ruling from the state’s highest court.
Candelaria, who stepped down from the Senate in 2022, argued in his lawsuit that Stewart’s actions had violated the state’s Human Rights Act. The case was first assigned to a state District Court judge who denied Stewart’s initial motion to dismiss the case.
But Supreme Court justices ruled the judge had erred in that decision, while also expressing unease about wading too deeply into legislative waters.
“That is not the role of the judiciary,” Supreme Court Justice Shannon Bacon said during oral arguments. “I think we’re very concerned about how far we reach into this as the judiciary.”
Before leaving the Senate, Candelaria, of Albuquerque, clashed repeatedly with Democratic leaders of the Senate and with Gov. Michelle Lujan Grisham. He also changed his party affiliation from Democrat to independent.
In the court case, he claimed Stewart retaliated against him in response to his criticism of her behind-the-scenes handling of a personnel investigation involving a top legislative staffer.
He sought financial damages in his lawsuit, but also said during oral arguments that he wanted an official apology.
Candelaria on Monday expressed disappointment over the Supreme Court’s ruling, but said he had no regrets about filing the lawsuit.
“From my standpoint, this is not a victory for Mimi Stewart,” said Candelaria, who is now a civil rights attorney in Albuquerque.
“Like Donald Trump, she got the court to provide her immunity so she could never be held responsible in court,” he added.
But Stewart said the motivation for moving both Candelaria’s seat on the Senate floor and his Roundhouse office location was not retaliation. Rather, the former senator had changed his party affiliation and his assigned Senate floor seat and Roundhouse office location were moved to reflect that fact, she said.
“I think the immunity to do your job is the basic ruling,” Stewart told the Journal.
Meanwhile, the Supreme Court’s ruling could set a precedent in New Mexico, as the scope of legislative immunity in the state had previously been largely untested.
In all, 43 states including New Mexico have constitutions that provide legislative immunity by protecting legislators from executive or judicial action, according to the National Conference of State Legislatures.
Specifically, New Mexico’s Constitution says legislators shall not be “questioned in any other place for any speech or debate or for any vote cast in either house.”
The state Constitution also protects lawmakers from arrest during legislative sessions, with certain exceptions.
While the New Mexico Supreme Court issued its ruling in the case after hearing oral arguments on Dec. 13, a written opinion is expected to be released at a later date.