Education and Bar Admissions

University of Chicago Law School, 2001
Eastern New Mexico University, 1997, magna cum laude
     ENMU Debate Team Captain
     Cross Examination Debate Association All-American

State Bar of New Mexico
State Bar of Texas
United States Court of Appeals
     Tenth Circuit
     Fifth Circuit
     Second Circuit
United States District Courts
     District of New Mexico
     Northern District of Texas
     Eastern District of Texas

After law school I clerked for the Honorable Pamela J. Minzner on the New Mexico Supreme Court and then worked for five years in the litigation section of the Dallas office of Vinson & Elkins, LLP. In 2007 I took a job in the Litigation Division of the New Mexico Attorney General's Office and served as the Litigation Division Director from 2010 until the end of 2014. In my fourteen years as an attorney, I have handled every phase of nearly every kind of litigation: administrative proceedings, torts, complex commercial litigation, securities litigation, consumer litigation, constitutional litigation, election-related litigation, litigation concerning public records, appeals, and original proceedings in the New Mexico Supreme Court. I've litigated hundreds of cases in state and federal district courts and argued more than forty cases before the New Mexico Supreme Court.

I serve as lead trial or appellate counsel with responsibility for every aspect of your case. I can also work as part of a larger team or consult on specific issues or cases. I can effectively enter a case at any point it its life cycle, including the eve of trial or on appeal – if you need or want to add a lawyer to your team who is comfortable and effective in the courtroom, I can help.












Whenever possible, I prefer to avoid billable hour agreements. Paying a lawyer a higher fee for taking longer to complete a task rewards inefficiency and potentially misaligns the incentives of the lawyer and the client. Instead of billing by the hour, I use alternative fee arrangements such as fixed project or matter-based fees, flat monthly fees, success bonuses, contingent fees, blended contingent and billable fees, or whatever arrangement will see the job done to the client's satisfaction. These fee arrangements help clients plan for litigation costs and make the process fair – I get paid more when I win your case and less when I lose.










New Mexico State Treasurer and New Mexico Finance Authority v. The Reserve Fund, et al.
Recovered more than $90 million for two New Mexico entities invested in the Reserve Fund, a money market fund that broke the buck in 2008.

Griego v. Oliver
Represented the State of New Mexico and Judge Alan Malott in successfully establishing the right of same-sex couples to marry and obtain the legal benefits of marriage in New Mexico.

New Mexico State Investment Council v. Bland, et al.
Represented the New Mexico State Investment Council in litigation seeking to recover fees and damages arising from pay-to-play investment conduct, including the payment of undisclosed third party placement agent fees.

Bartlett v. Cameron, et al.
Successfully represented the New Mexico Educational Retirement Board in litigation concerning the constitutionality of a reduction in the cost of living adjustment applied to educational retirees.

Quality Automotive v. Arrieta
Successfully represented Judge Manuel Arrieta in litigation resulting in a change to the manner in which judicial strikes are exercised in New Mexico.

Mercer v. Reynolds
Represented Judge Matthew Reynolds in litigation concerning the duty of a District Court judge to order the dismissal of counsel in certain conflict cases.

Montoya v. Herrera
Successfully represented the New Mexico Secretary of State in litigation concerning the entitlement of a judicial candidate to public funding where such funding would be available but for the candidate's private fund raising efforts.

American Association of People with Disabilities v. Herrera
Successfully represented the New Mexico Secretary of State in litigation challenging the constitutionality of New Mexico's regulation of third-party voter registration agents.

Braverman v. Singleton, et al.
Successfully represented Judge Sarah Singleton and former Judge James Hall in litigation asserting the violation of a domestic relations litigant's civil rights.

Woodruff v. Herrera
Successfully represented the New Mexico Secretary of State in litigation challenging the constitutionality of several portions of the New Mexico Election Code.

Faber v. King
Successfully represented the New Mexico Attorney General's Office in litigation concerning the availability of damages to a litigant seeking to enforce the New Mexico Inspection of Public Records Act.

Cordova v. World Finance Corporation
Successfully represented the interests of the New Mexico Attorney General in litigation concerning the enforceability of arbitration agreements between a high cost lender and its customers.

New Mexico Gamefowl Association v. King
Successfully defended New Mexico's cockfighting ban from constitutional challenge.

State ex rel. King v. Raphaelson
Represented the New Mexico Attorney General in litigation removing a District Court judge from the bench following her retention election loss.

New Energy Economy v. Vanzi
Represented the Court of Appeals in litigation concerning the entitlement of public policy advocates to participate as parties to the appeal of an environmental regulation.

Morris, et al. v. Brandenberg, et al.
Represented the Second Judicial District Attorney and the New Mexico Attorney General in litigation challenging the constitutionality of New Mexico's ban on physician assisted suicide.

Mailing Address
Scott Fuqua
FUQUA LAW & POLICY, PC
P.O. Box 32015
Santa Fe, NM 87594

Telephone
(505) 982-0961

Email
scott@fuqualawpolicy.com