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AGUILAR v. CITY COM'N OF CITY OF HOBBS

No. 17363.

940 P.2d 181 (1997)

123 N.M. 333

1997-NMCA-045

Raymond (Tony) P. AGUILAR, Jr., as Municipal Judge of the City of Hobbs, Plaintiff-Appellee, v. The CITY COMMISSION OF THE CITY OF HOBBS composed of Randy Owensby, Mayor, Don Bratton, Pat Jones, Jimmy Woodfin and Joe Calderon, Defendant-Appellant.

Court of Appeals of New Mexico.

March 25, 1997.

Attorney(s) appearing for the Case

James W. Klipstine, Jr., Payne & Klipstine, P.A., Lovington, for Plaintiff-Appellee.

Paul J. Pusateri, City Attorney, Hobbs, for Defendant-Appellant.

OPINION

ARMIJO, Judge.

1. This case concerns the appointment of a temporary municipal judge for the City of Hobbs to act when the elected judge is absent or temporarily incapacitated. Judge Aguilar is the elected judge. He believes that he alone can appoint a replacement to serve as municipal judge during his temporary absence. The Hobbs City Commission (City Commission) contends, on the other hand, that the selection of a temporary municipal judge...

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