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STATE EX REL. ANAYA v. McBRIDE

No. 10346.

539 P.2d 1006 (1975)

88 N.M. 244

STATE of New Mexico ex rel. Toney ANAYA, Attorney General, Petitioner, v. The Hon. Robert H. McBRIDE, District Judge, Second Judicial District of New Mexico, Respondent.

Supreme Court of New Mexico.

Order of Ouster July 1, 1975.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Harry L. Bigbee, Sp. Asst. Atty. Gen., Santa Fe, for petitioner.

Bruce D. Hall, Willard F. Kitts, Albuquerque, Olmsted & Cohen, Charles D. Olmsted, Santa Fe, for respondent.

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...

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