Legal Opinion

State Ex Rel. Duran v. Anaya

New Mexico Supreme Court

Decided April 26, 1985No. 15429PublishedCited by 20 opinions

1Opinion of the Court

OPINION

STOWERS, Justice.

This case involves the basic question of the exercise of executive appointive and removal authority.

The facts in this case involve the appointment of Jerry Duran (Duran) and Joseph Jaramillo (Jaramillo), petitioners to the State Board of Barber Examiners and their removal by Governor Toney Anaya (Ana-ya), respondent prior to the expiration of their stated terms. Duran’s term was to expire June 30, 1985; Jaramillo’s term expired June 30, 1984.

The case was initiated by the petitioners filing a petition for a writ of prohibition, which was later amended to be a writ of…

2Cases cited5 opinions

  1. John A. Mitchell v. Bruce King, Governor of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1976
  2. Donald G. Adams v. Daniel Walker, A/K/A Dan Walker, Individually and as Governor of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1974
  3. Winston v. New Mexico State Police BoardNew Mexico Supreme Court · 1969
  4. State Ex Rel. Barela v. New Mexico State Board of EducationNew Mexico Supreme Court · 1969
  5. State Ex Rel. Ulrick v. SanchezNew Mexico Supreme Court · 1926

3Cited by20 opinions

  1. Schuessler v. WolterColorado Court of Appeals · 2012
  2. Chavez ex rel. Baca v. Desert Eagle Distributing Co.New Mexico Court of Appeals · 2006
  3. Chavez v. DESERT EAGLE DISTRIBUTING CO.New Mexico Court of Appeals · 2006
  4. STATE JUDICIAL STANDARDS COM'N v. EspinosaNew Mexico Supreme Court · 2003
  5. State ex rel. New Mexico Judicial Standards Commission v. EspinosaNew Mexico Supreme Court · 2003

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