A taxpayer may bring an action against the government or one of its instrumentalities in order to enjoin the expenditure of public funds for other than public purposes or for a breach of fiduciary duty. The court shall award costs and attorney fees to any person who prevails in such an action in a reasonable amount relative to the public benefit of the suit.
In decision reversing ruling that party lacked standing to bring action challenging Superior Court judge’s right to hold office of Presiding Judge (on basis that judge was never appointed and confirmed to the office) as a taxpayer suit pursuant to N.M.I. Const. art. X, § 9, NMI Supreme Court would not remand for ruling on the merits because: