Education & Public Sector Law

Cuddy McCarthy is recognized both in New Mexico and nationally as a leading firm in the practice of education law and the representation of public-sector clients.

We have made an extensive commitment to this specialized area in order to serve the growing needs of our clients.  We currently represent

• The New Mexico School Boards Association (NMSBA)
• Approximately 80% of the state’s 89 school districts
• The Santa Fe Indian School
• Institute of American Indian Arts
• New Mexico School for the Deaf
• New Mexico Military Institute
• University of New Mexico*
• New Mexico State University*
• New Mexico Highlands University*
• Western New Mexico University*

Cuddy McCarthy carries a substantial caseload of litigation on behalf of New Mexico’s school districts through the New Mexico Public School Insurance Authority (NMPSIA) focused primarily on school personnel and civil rights actions.

We defend schools in cases involving student rights suits, procurement and contractor disputes, board-member recall proceedings, and other school-related matters.

Our team works closely with our clients to identify and anticipate potential legal problems in order to avoid litigation.

For links to Cuddy McCarthy resources prepared for the NMSBA School Law Conference visit our Resources (link to resources) page.

We have a long history of involvement on the national level.  In the 1980’s, Partner John F. Kennedy was the first New Mexico school attorney elected to the Board of Directors of the Council of School Attorneys (COSA) of the National School Boards Association (NSBA).

Educational and Municipal Bonds, Financing and Governmental Entity Elections

With deep knowledge of local laws and a practical, compliance-driven approach, we help our clients navigate the rules and avoid pitfalls. We provide comprehensive legal guidance to public entities navigating the rules that govern regular local elections and special elections. Our services cover every stage of the electoral process — from ballot requirements, filing deadlines, and challenges, to ethics requirements, and election-day and post-election procedures. We provide proactive counsel and training for public sector clients. Our goal is to help clients participate confidently in the democratic process while minimizing legal risk, ensuring transparency, and protecting the integrity of local elections.

Cuddy McCarthy is listed in The Bond Buyer’s Municipal Marketplace, and is recognized statewide as independent bond counsel.   The Firm has worked closely with the major national rating agencies and municipal bond insurers for many years and we are thoroughly familiar with the requirements imposed by the rating agencies and bond insurers on various types of municipal financing. We typically are involved in the rating process by providing the rating agencies with drafts and executed copies of primary financing documents to be used in a particular transaction along with a draft of the firm’s proposed bond opinion. Although the usual rating agency “package” (including, particularly, financial information relating to the client and the proposed transaction) typically is prepared by the financial advisor, we are prepared to provide whatever assistance is deemed necessary in presenting information and documentation to the rating agencies and bond insurers, in answering questions posed by such entities.

As Bond Counsel, we recognize the importance of responding promptly to requests and inquires made by the rating agencies and bond insurers. Our objective is to assist the client to achieve the highest possible rating within the financing structure which, in the opinion of the client and its professional consultants, is most beneficial to the client.  We also believe that the function of Bond Counsel includes the responsibility to assist clients in following all constitutional, statutory and regulatory provisions governing the issuance of bonds in order to avoid election contests or challenges to the validity of the bonds in subsequent proceedings.

Cuddy McCarthy represents more than three-quarters of New Mexico’s public school districts, and has served as Bond Counsel or Co-Bond Counsel in over two hundred fifty general obligation bond, refunding and other public security issues.  We have served as co-counsel on bond issues in several school districts in New Mexico, including Chama Valley, Cloudcroft, Cuba, Dexter, Dora, Dulce, Estancia, Gadsden, UNM Gallup Branch, Grants, Hondo Valley, Lake Arthur, Las Cruces, Las Vegas, Lordsburg, Mora, Pecos, Roy, Silver City, Socorro, Truth or Consequences and Vaughn.  Our practice includes advising and representing state and local public bodies in all state and federal courts, and in administrative proceedings and we have served as counsel to the Institute of American Indian Arts, a federal corporation, and post-secondary institution, for more than 15 years.

We also provide counsel and opinion letters to both public and private national communications clients on a wide range of legal matters and transactions affected by state and federal law.