Judge’s Ruling Puts Restrictions on New Mexico Civil Guard

ALBUQUERQUE, N.M. (AP) — The New Mexico Civil Guard has been barred from publicly acting as a military unit without authorization or assuming the role of law enforcement by using organized force at public protests or gathering, according to a newspaper.

The Albuquerque Journal reported Tuesday that District Court Judge Elaine Lujan also has banned such activity by the group’s directors, officers, agents, employees, members and any of their successor organizations and members.

Lujan granting a motion by Bernalillo County District Attorney Raúl Torrez, who told the Journal that the decision, “fundamentally represents a victory for the rule of law….We’re trying to prevent violent extremism.”

A lawsuit alleged members of the New Mexico Civil Guard violated state law by exercising or attempting to exercise the functions of a peace officer without authority and have organized and operated as a military unit without having been called to military service by the governor, according to the Journal.

The newspaper said the governor has exclusive authority under the state Constitution to call on the militia to keep the public peace.

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https://www.usnews.com/news/best-states/new-mexico/articles/2022-10-18/judges-ruling-puts-restrictions-on-new-mexico-civil-guard