N.M. Stat. § 38-2-9.1
Special motion to dismiss unwarranted or specious
lawsuits; procedures; sanctions; severability.
A. Any action seeking money damages against a person for conduct or speech
undertaken or made in connection with a public hearing or public meeting in a quasi-
judicial proceeding before a tribunal or decision-making body of any political subdivision
of the state is subject to a special motion to dismiss, motion for judgment on the
pleadings, or motion for summary judgment that shall be considered by the court on a
priority or expedited basis to ensure the early consideration of the issues raised by the
motion and to prevent the unnecessary expense of litigation.
B. If the rights afforded by this section are raised as an affirmative defense and if a
court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for
summary judgment filed within ninety days of the filing of the moving party's answer, the
court shall award reasonable attorney fees and costs incurred by the moving party in
defending the action. If the court finds that a special motion to dismiss or motion for
summary judgment is frivolous or solely intended to cause unnecessary delay, the court
shall award costs and reasonable attorney fees to the party prevailing on the motion.
C. Any party shall have the right to an expedited appeal from a trial court order on
the special motions described in Subsection B of this section or from a trial court's
failure to rule on the motion on an expedited basis.
D. As used in this section, a "public meeting in a quasi-judicial proceeding" means
and includes any meeting established and held by a state or local governmental entity,
including without limitations, meetings or presentations before state, city, town or village
councils, planning commissions, review boards or commissions.
E. Nothing in this section limits or prohibits the exercise of a right or remedy of a
party granted pursuant to another constitutional, statutory, common law or
administrative provision, including civil actions for defamation or malicious abuse of
process.
F. If any provision of this section or the application of any provision of this section to
a person or circumstance is held invalid, the invalidity shall not affect other provisions or
applications of this section that can be given effect without the invalid provision or
application, and to this end the provisions of this section are severable.