New Mexico courts deem hunter information as public record

Opinion

The New Mexico Game and Fish Department has been ordered to release information about hunters to individuals who sought the records as part of separate court cases.

A state district judge is ordering the agency to turn over the names and addresses of those who won big game draws between 2015 and 2019 to a Los Alamos County resident who had petitioned the court for the information.

In the second case, the state Court of Appeals said the email addresses of individuals who applied for hunting licenses between 2015 and 2016 must be turned over to former Land Commissioner Aubrey Dunn.

The agency said Thursday that both courts concluded that information collected from the public in connection with the administration of the agency's public duties fall within the definition of public records and are subject to disclosure.

“The department argued against the release, but ultimately lost,” Game and Fish Director Michael Sloane said. “We value the privacy of our customers’ personal information but recognize that is the courts' interpretation of the current IPRA law.”

The department said it wanted to notify its customers that the information was being released and offered the number of the state attorney general's complaint hotline in case anyone is harassed by solicitors or others as a result of the disclosure.

In 2017, Dunn had requested the names and email addresses of more than 300,000 applicants for New Mexico hunting licenses. James Whitehead of Los Alamos had requested draw results, names and addresses of all successful applicants and units applied for and units drawn.

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AAA weighs in on the evidence being used to convict drivers of DUI marijuana.

Six states that allow marijuana use have legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation’s largest automobile club that calls for scrapping those laws.

The study commissioned by AAA’s safety foundation said it’s not possible to set a blood-test threshold for THC, the chemical in marijuana that makes people high, that can reliably determine impairment. Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit, and not guilty if it’s lower.

As a result, drivers who are unsafe may be going free while others may be wrongly convicted, the foundation said. The foundation recommends replacing the laws with ones that rely on specially trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC rather than a specific threshold. The officers are supposed to screen for dozens of indicators of drug use, from pupil dilation and tongue colour to behaviour.