Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In New Mexico, as in other states, various forms of legal immunity protect certain individuals and entities from civil lawsuits or criminal prosecution. Judicial immunity in New Mexico shields judges from liability for acts performed in their official capacity, ensuring that judges can perform their duties without fear of personal repercussions. Witness immunity is often granted to witnesses in criminal cases to encourage truthful testimony without the risk of self-incrimination or subsequent prosecution. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity in New Mexico limits the circumstances under which state and local government entities can be sued. This immunity can be waived in certain situations, such as when a governmental entity has purchased insurance or when the New Mexico Tort Claims Act allows for specific types of lawsuits against the government. It's important to note that the application of these immunities can be complex and may require the interpretation of state statutes, federal law, and case law.