November 20, 2015 

The Honorable Ronny Rardin

The Honorable Susan Flores

The Honorable Janet White

Lisa Jenkins, Esq., County Attorney

1101 New York Avenue

Alamogordo, NM 88310


RE: Litigation Involving Senate Bill 1 (N.M.S.A. §4-36-11) and the Otero County Resolution

Ladies and Gentleman: 

This week I came across an Alamogordo Daily News article about Otero County’s involvement in the litigation referenced above.

I am writing you today because I was the attorney who, back in 2000/2001, conceived of, authored and lobbied for both the Otero County Resolution and the ensuing Senate Bill 1.  Thus, I am sure you can understand how your presently ongoing litigation involving these pieces of legislation is of great interest to me.

First, I want to thank you all for having the intestinal fortitude to stand up and fight for the rights of your constituents. Please do not let the likes of Ms. Swanson or Judge Armijo dissuade you. Were they alive today, it is my firm conviction that the late Bob Jones, Charlie Lee, Jimmy Goss and G.B. Oliver II would be proud of you all beyond measure for your willingness to take up this challenge they commenced so many years ago. And, as a tribute to the memory of these great men, I sincerely hope you will see it all the way to the end -- even to the Supreme Court, if necessary.

Second, I applaud Ms. Jenkins’ recent statement that, “a new perspective on the case could possibly help the County move forward in winning their appeal.“ For a number of reasons, I could not agree more, and wish all of you only success going forward.

Lastly, if and when any of you might think it appropriate, I would urge you to not hesitate to give me a call at your convenience. I’d be delighted to share with you both my story and my theories regarding your litigation.


Clifford C. Nichols

Attorney at Law