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STATE v. CLAYTON

Nos. 4615, 4735.

625 P.2d 99 (1981)

95 N.M. 644

STATE of New Mexico, Petitioner-Appellant, v. Ruth CLAYTON, Respondent-Appellee. STATE of New Mexico, Petitioner-Appellant, v. Santiago MARTINEZ, Respondent-Appellee.

Court of Appeals of New Mexico.

January 29, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Leslie D. Ringer, Chief Counsel, Beth Schaefer, Division Counsel, Santa Fe, Residential Treatment Division, Health and Environment Dept., for petitioner-appellant.

Thomas G. Rice, Las Vegas, for respondent-appellee Clayton.

Joseph M. Ulibarri, Las Vegas, for respondent-appellee Martinez.

OPINION

WOOD, Judge.

In these consolidated appeals, the State challenges the propriety of district court orders which contain specific provisions for the habilitation of developmentally disabled adults. We discuss: (1) the trial court's authority; (2) separation of powers; and (3) attorney fees.

Both cases involve petitions by the Health and Environment Department, see § 43-1-13(C), N.M.S.A. 1978, for extended residential placement of patients...

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