"Casinos Illegal in New Mexico"
John Havens DuFour (johnhd@unm.edu)
Tue, 4 Jun 1996 11:03:42 -0600 (MDT)
According to the Albuquerque Journal (Tuesday morning, June 4, 1996) Chief
District Judge John Conway "ruled that a gambling compact signed in
February 1995 by the Mescalero Apache Tribe and Gov. Gary Johnson has no
legal effect. Conway based his decision on a state Supreme Court ruling
in July that found Johnson exceeded his authority under New Mexico law in
signing the agreement to allow the tribe to operate casino
gambling...Technically, Conway's decision applies only to the compact
between the Mescalero Apaches and the state. However, the state Attorney
General's Office and gambling opponents will seek to have it applied to
identical compacts signed by 13 other tribes and Johnson. A second
District Court judge, Martha Vazquez, is scheduled to hear arguments June
18 and 19 in a lawsuit filed by nine of the 13 other tribes....Vazquez
simply could apply Conway's decision to the case before her and issue a
ruling against the tribes. But she also could hand down a decision that
conflicts with Conway's ruling and is favorable to the tribes. Conway's
decision came in a case filed in 1992 by the Mescalero Apaches against the
state of New Mexico. He issued his ruling after 50 minutes of arguments
by lawyers for the state, the tribe, and anti-gambling forces."
(Quote from the Albuquerque Journal, June 4th.)
John Havens DuFour
johnhd@unm.edu