Legal Opinion · Dissent

Collins on Behalf of Collins v. Tabet

New Mexico Supreme Court

Decided February 4, 1991No. 18488Published

1DissentBaca, Justice

Although I find Justice Montgomery’s opinion thorough and intriguing, I feel I must respectfully dissent. I would cloak the guardian ad litem in judicial immunity. Through this opinion, the majority chips away at the independence of the judiciary (a doctrine that has been respected since the early days of our government) by limiting the immunity of judges and those who operate under judicial authority, and it severely limits the ability of guardians to pursue the tasks to which they are appointed. The significance of this case to the judicial branch should not be underestimated.1

Absolute…

2Cases cited15 opinions

  1. Pierson v. RaySupreme Court of the United States · 1967
  2. Bradley v. FisherSupreme Court of the United States · 1872
  3. Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
  4. Dr. Gladys Cok v. Louis CosentinoCourt of Appeals for the First Circuit · 1989
  5. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976

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