Tom Udall - New Mexico's attorney general - Interview

New Mexico Business Journal, Oct, 1993 by Dennis Wall

Tom Udall, New Mexico's legal watchdog, doesn't find much time away from public life to pursue interests like mountain climbing and hiking. Udall has been busy with New Mexico's hottest issues -- DWI, legislative ethics, consumer protection, white collar crime, WIPP, the Petroglyph National Monument, and PNM's proposed Jemez Power Line. The Cambridge University and University of New Mexico School of Law graduate was a legislative assistant to Sen. Joseph Biden (D-Delaware); he's been a federal prosecutor and chief counsel for the New Mexico Health & Environmental Department; he has practiced law with firms in Santa Fe and Albuquerque. He made an unsuccessful bid for the congressional seat vacated by Manuel Lujan in 1988, losing out to Bernalillo County District Attorney Steve Schiff in a close race. And he's probed questions on gasoline price fixing, US West rate increases; the issue of Indian gambling. He's served on the board of the Law Fund, a regional environmental public interest law firm. He's a former president of the Rio Chama Preservation Trust, and was a member of La Compania de Teatro de Albuquerque.

Udall's Mormon ancestors were cattle ranchers in the 1880s; his great-great grandfather, Jacob Hamblin, went with John Wesley Powell in 1871 to meet with Navajos at Fort Defiance to talk peace. This son of former Interior Secretary Stewart Udall and nephew of former Arizona Sen. Morris Udall takes a hard look at New Mexico's problems.

Q. Would you say that as attorney general you're on the "hot seat?"

A. There's probably some truth to that. I think in an era where the public is very disenchanted with government, anyone who holds a leadership position is in the hot seat.

Q. Are you satisfied with the recent legislative ethics package that recently made it through the legislature?

A. The theme of this last effort was "full disclosure." We felt people were very much entitled to know how money was being spent, who was spending it and who was taking it. So we wanted to close all the loop-holes. The other side of the coin is to have some meaningful penalties in place so if you don't disclose you pay the price. I think the changes made were significant, a very good first step. But there are a number of issues that still need to be dealt with, particularly in the area of campaign financing. And we're going to make some other significant proposals in the next long session of the legislature.

Q. What are some of your biggest priorities right now as attorney general?

A. Most of our issues are, in a way, ongoing issues. In the consumer area, we're dealing daily with a large number of consumer complaints, from automobiles to insurance to small purchases at stores.

A recent example that has made an impact nationwide involves telemarketing. This case involved KNM Marketing, a national company, that was victimizing mainly senior citizens. (In August, two principal defendants in that case received long jail sentences). The FBI recently had an undercover agent go into a boiler room operation in Las Vegas, Nev. -- where they actually make the calls -- and they found a sign on the wall saying $1,000 fine for calling into New Mexico. This is a good example of how prosecution really sends a message to those who engage in criminal activity.

Q. US West requested a rate increase in phone service earlier this year. How do you feel about the results of that hearing?

A. US West asked for $30 million, and we came in and said we thought they were entitled to a decrease. And they got a $7 million increase. I think the process worked, and I think (the Public Utilities Commission) came much closer to deciding in our favor than they did in US West's favor.

Q. How is your office dealing with the issue of Indian gambling?

A. Gov. King has made a policy decision. He doesn't believe there should be any gambling on reservations that isn't allowed in the state of New Mexico. My sense is he believes that on a very game-specific basis -- if there's horse racing allowed in the state, then the Indians are entitled to have horse racing.

Video gaming is illegal in New Mexico, and the government's position is that it's therefore illegal on the reservations. We're playing the role of defending the state of New Mexico in lawsuits filed by the tribes over this matter. I think if the state of New Mexico is going to go down the gambling route with a lottery or other kinds of gambling, we should make sure we have adequate resources for enforcement.

If there's anything I've learned from the attorneys general of the major gambling states -- Nevada and New Jersey -- it's that if you're going to get into the gambling business, you'd better get into the regulation business in a big way. That's the only way to make sure you don't have corrupt organized crime elements taking over your gambling. Unfortunately, In New Mexico we don't tend to put in the kinds of regulatory resources needed. I think that would be a real mistake in this area.

Q. Are you satisfied with the DWI reforms that the legislature passed?