CARTER v. MONTOYA

No. 8045.

410 P.2d 951 (1966)

75 N.M. 730

Phil CARTER, Superintendent of the Los Lunas Hospital and Training School, and Board of Directors of the Los Lunas Hospital and Training School, Mrs. A.F. Crosby, MRS. E.L. Kemp, Joseph C. Ryan, William Hoagland and Bennie Sanchez, Relators, v. Judge Samuel Z. MONTOYA, Juvenile Court Judge, First Judicial District, Santa Fe County, Respondent.

Supreme Court of New Mexico.

February 7, 1966.


Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Gary O'Dowd, Asst. Atty. Gen., Santa Fe, for relators.

Alfonso G. Sanchez, Dist. Atty., Norman M. Neel, Joseph F. Baca, Asst. Dist. Attys., Santa Fe, Dean S. Zinn, Santa Fe, for respondent.


COMPTON, Justice.

This is an original proceeding in which we issued an alternative writ prohibiting the respondent from proceeding in a contempt action instituted by the district attorney against the relators for their alleged wilful refusal to obey respondent's order to admit a juvenile to the Los Lunas Hospital and Training School.

The order committing the juvenile was dated November 16, 1965. The relators' refusal to admit the juvenile at the time was the...

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