State Ex Rel. Anaya v. McBride

OPINION

STEPHENSON, Justice.

This is a proceeding in quo warranto filed as an original action before us by the attorney general (petitioner) testing the constitutionality of the appointment of the Honorable Robert H. McBride (respondent) as district judge of the Second Judicial District. The controversy centers on Article IV, Section 28 of the Constitution of New Mexico which restricts the appointment of members of the legislature to civil offices under certain circumstances. Final resolution of the case has been delayed, pending the filing of a stipulation of counsel requested by us and which…