Attorney General asks for more access to consumer‑settlement fund to finance litigation and hiring

Attorney General Raul Torres told the Appropriations & Finance Committee the Department of Justice has delivered large recoveries to New Mexico and asked for increased flexibility to use the consumer settlement fund for recurring operations and high‑impact litigation. "Over the last 3 years, we have put over $350,000,000 into the consumer settlement fund," Torres said, and he urged the panel to approve a modest recurring draw and a $2M bar authorization to allow the DOJ to hire litigators and retain outside counsel as needed.

Torres highlighted pending litigation of statewide significance, including a scheduled trial against a major social‑media platform that he said will present the first evidence in the nation of platform design that harms children and enables predators. He also cited ongoing work to recover federal funds and to pursue enforcement related to tribal gaming compacts and tobacco litigation. "In the last calendar year, the New Mexico Department of Justice has been responsible for restoring approximately $866,000,000 in federal funds for the state of New Mexico," he said.

Members asked focused questions. Representative Silva and others asked whether DOJ could support the Office of the Child Advocate (OCA) with space and payroll while OCA starts up; Torres said DOJ offered administrative support and to backstop first‑year operations. Members also pressed whether requested DOJ draws would tap restricted or unrestricted settlement balances; Torres said DOJ seeks access only to the unrestricted portion. Several legislators asked about sustainability and the percentage of recoveries requested; Torres said the DFA recommendation would represent a smaller historic percentage of recoveries than had been authorized in earlier cycles.

Committee action: The committee agreed to adopt the LFC recommendation for DOJ with the formation of a public‑safety working group to refine final language and consider the AG's additional special request. The Government/DOJ follow‑up will include a review of restricted vs unrestricted settlement balances, proposed bar authorization language, and staffing plans.