Toney Anaya

Anaya was born on (1941-04-29)April 29, 1941 in Moriarty, New Mexico. He went to undergraduate school at Georgetown University and graduated with a law degree from American University's Washington College of Law in 1967. After returning to New Mexico, Anaya worked as a Santa Fe County attorney, was an assistant district attorney for the First Judicial District, and later established a private law practice in Santa Fe.

Anaya with President Jimmy Carter in 1978

From 1975 to 1978, Anaya served as New Mexico Attorney General.

During his service as Attorney General, Anaya oversaw an investigation of the upward curve in the level of drugs in the Penitentiary of New Mexico after 1972. In 1975 his investigation found that some penitentiary staff members not only overlooked drug trafficking but were actually involved in it. The trafficking involved both street drugs, such as heroin, and drugs pilfered from the prison's pharmacy. The 1975 investigation reported very loose controls on pharmacy drugs:

"Inventory controls for hospital drugs are totally inadequate or nonexistent....There is no way under the existing practices to protect against large scale pilfering of drugs."(Officer of the Attorney General 1975:3 and 22)[1]

Correctional Officer Supervisor: "Basically the way we controlled the institution was the drugs. Any time we had a problem with an inmate, we'd call the hospital and he was given drugs....We had Darvons that were given out by the tons, I mean we gave everybody Darvons....We controlled the whole inmate population under Felix Rodriguez [when he was warden February 1970 to September 1975] with drugs. And it worked!...We had a lot of zombies in that place."[2]

Anaya's 27-page report of September 20, 1975, not only found brisk traffic in heroin, cocaine, cash and liquor in the penitentiary, it reported that sides of beef had been regularly diverted from the prison kitchen loading docks into the pickup trucks of certain favored correctional officers.[3][4]

Anaya expected his report to go to a grand jury to make indictments and Governor Apodaca said outright that Rodriguez would be fired. Rodriguez defended himself by announcing that the sides of beef being offered to officers were "nothing new" in the prison system and claimed he had simply been trying to stem the flow of contraband. Even though a governor's aide told the press there was sufficient evidence to fire Rodriguez, Rodriguez reportedly told Apodaca he had "no knowledge of some of the things Herrera [his Deputy Warden] was doing."

On September 24, four days after the report's release, Harrera was fired, but Rodriguez was exonerated by the Corrections Commission and hired by the Corrections Secretary to the state director of adult institutions. Anaya's files on the penitentiary were locked away. Prison officials similarly ignored 13 grand jury reports from 1971 to 1980 detailing major problems at the penitentiary and calling for special audits and investigations. Like the incriminating Attorney General's report, the grand jury warnings were filed away.[5] Apodaca was incredulous at the coercion between the Corrections Commission and other correction officials who excused Rodriguez for using drugs to manage the prisoners and distributing state property to his loyal officers while he was warden.

Anaya engaged in two efforts to curb corruption and attempt to bring correction to the failing prison system. The first was his nine-month investigation of the New Mexico Penitentiary administration, resulting in the 27-page 1975 report.[6] The second was when he and Assistant Attorney General Michael Francke, along with the inmates' attorney, signed a consent order in the New Mexico U.S. District Court compelling the penitentiary of New Mexico to improve classification practices, stop illegal disciplinary procedures, reduce overcrowding and significantly improve food (without mice droppings and cockroaches), water supply (so water does not come up in the sink when the toilet is flushed), plumbing, heating, ventilation and electrical wiring. Ordered by District Judge Edwin Felter, the decree was largely ignored and unenforced for more than three and a half years prior to the New Mexico State Penitentiary riot.[7] In 1978 Anaya ran for United States Senate, but was defeated by incumbent Republican Pete Domenici. In 1982, he was elected the 26th governor of New Mexico.[8]

As governor, Anaya focused on energy alternatives, water development and conservation, the environment, education, and economic development. Known as a visionary, he steered the state through a national recession, transforming New Mexico into a more technology-based economy and laying the groundwork for future deployment of rapid rail transit, education and social reform.[9] In 1986, after the election of his successor, Garrey Carruthers, Anaya commuted the death sentences of all five death row inmates in New Mexico. He is a longtime opponent of capital punishment,[10] had campaigned against the death penalty and in later interviews expressed no regret for the commutations.[9] Anaya made headlines on March 28, 1986, by declaring New Mexico the nation's first "State of Sanctuary" for refugees from Central America.[11]

Anaya served one term as governor, from 1983 to 1987. At that time, the New Mexico Constitution did not allow executive officers to succeed themselves for consecutive terms. That changed when a 1986 Constitutional amendment allowed state executive officers to serve two consecutive four-year terms for terms beginning January 1, 1991.[12]

Since leaving office, Anaya has served on numerous boards, commissions, and at nonprofit organizations, primarily focusing on Hispanic issues, education, and politics. He contributed significantly to the Democratic National Committee and the North American Free Trade Agreement.

In 2009, New Mexico Governor Bill Richardson appointed Anaya to head the New Mexico Office of Recovery and Reinvestment. Anaya was responsible for overseeing the spending of the $1.8 billion in federal stimulus money expected to be invested in New Mexico during the next two years. Anaya worked closely with state agencies to facilitate access to funding, assist with compliance, and promote transparency throughout the process.[13]

From August 2009 to January 2011, Anaya served as Chief Executive Officer of Natural Blue Resources, a Woburn, Massachusetts-based penny stock company specializing in investments in environmentally friendly companies, including a New Mexico-based initiative to sell purified water. In July 2014, Anaya entered into a civil settlement with the U.S. Securities and Exchange Commission relating to charges that he committed fraud.[14] Under the terms of the settlement, Anaya agreed to a five-year ban from penny stock offerings and a cease-and-desist order without admitting or denying the charges.[15]

• Appearances on C-SPAN