Legal Opinion

City of Albuquerque v. Chavez

New Mexico Court of Appeals

Decided April 1, 1997No. 17356PublishedCited by 11 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

1. Joseph Chavez (Chavez), a corrections officer for the City of Albuquerque (the City), was terminated from his employment. After a hearing, the hearing officer ultimately recommended, and the Personnel Board (the Board) approved, reversal of Chavez’s termination. The City appealed to the district court, which found that the hearing officer “was not impartial,” and remanded for a new hearing. On interlocutory appeal, we take this opportunity to address when, as a matter of law, a hearing officer should disqualify himself or herself on an issue of bias, and by what…

2Cases cited10 opinions

  1. Butz v. EconomouSupreme Court of the United States · 1978
  2. Santa Fe Exploration Co. v. Oil Conservation CommissionNew Mexico Supreme Court · 1992
  3. Nguyen v. StateSupreme Court of Oklahoma · 1990
  4. Reid v. New Mexico Board of Examiners in OptometryNew Mexico Supreme Court · 1979
  5. Downtown Neighborhoods Ass'n v. City of AlbuquerqueNew Mexico Court of Appeals · 1989

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3Cited by11 opinions

  1. In Re Com'n InvestigationNew Mexico Supreme Court · 1999
  2. U S West Communications, Inc. v. New Mexico State Corp. CommissionNew Mexico Supreme Court · 1999
  3. Los Chavez Cmty. Assn. v. Valencia Cnty.New Mexico Court of Appeals · 2012
  4. Los Chavez Community v. Valencia CountyNew Mexico Court of Appeals · 2012
  5. Lujan v. City of Santa FeDistrict Court, D. New Mexico · 2015

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