NM Supreme Court Orders Release of APS Brooks Report

The New Mexico Supreme Court has ordered the release of a secret investigative report connected to the 2014 resignation of former Albuquerque Public Schools Superintendent Winston Brooks. In a unanimous decision, the state’s highest court ended a 12-year legal battle by ruling that the 12-page document, known as the Padilla report, cannot be withheld under attorney-client privilege or personnel exemptions [1].

Key takeaways

• The New Mexico Supreme Court unanimously ordered the release of the Padilla report regarding Winston Brooks [1].
• The court ruled the report is factual and investigative, not protected legal advice [2].
• APS has been ordered to pay more than $600,000 in legal fees and damages related to the case [1].
• The decision may require greater transparency from government agencies in misconduct investigations [1].

The legal battle over the Padilla report

The lawsuit was filed by KOB 4 and the Albuquerque Journal after APS refused to release records following Brooks' abrupt departure and a $350,000 taxpayer-funded settlement [1]. The New Mexico Court of Appeals had previously sided with the district, ruling that the report was protected by attorney-client privilege and did not need to be disclosed [2]. The Supreme Court reversed that decision, with Justice Briana H. Zamora writing that the report is "predominantly investigative in nature, mostly factual in content" and contains very little legal advice [2].

The court rejected APS' argument that the entire document could be withheld under an exemption for "matters of opinion" in personnel files [1]. Justices warned that allowing government agencies to withhold entire investigative files because they contain limited opinion material would undermine the state’s Inspection of Public Records Act and invite abuse [1]. The high court directed a district court judge to review the document and redact any specific "matters of opinion" before releasing the factual portions [2].

Financial costs and district response

The prolonged litigation has resulted in significant financial penalties for the district. More than $600,000 in legal fees and damages had already been ordered paid by APS prior to the latest appeal, with additional legal costs now expected [1]. In 2021, a judge ordered APS to pay the Albuquerque Journal $293,625 and KOB-TV $118,000 after finding the district violated the state’s public records act [2].

APS spokesperson Johanna King released a statement saying the district plans to comply with the court's instructions but expressed concern about the ruling's implications [1]. The district argued that the decision may hurt employees and families by permitting the publication of unfounded allegations that have not been vetted, and that it could complicate future efforts to balance transparency with confidentiality [1][2]. APS indicated it would ask the Legislature to clarify and simplify the law regarding these exemptions [1].

Why it matters

Attorneys and transparency advocates anticipate the ruling will have implications far beyond Albuquerque, potentially reshaping how government agencies across New Mexico respond to public records requests involving misconduct investigations [1]. The court’s opinion emphasizes that factual material inside government investigations cannot be automatically withheld simply because it is included in a personnel-related document [1]. The case now returns to the district court level where the specific redactions will be determined before the report is finally made public [2].