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STATE EX REL. TAYLOR v. JOHNSON

No. 24547.

961 P.2d 768 (1998)

125 N.M. 343

1998-NMSC-015

STATE of New Mexico, ex rel., J. Paul TAYLOR, Murray Ryan, Mary Jane Garcia, Rita Harrington, Jeanette Jordan, Dorothy Martinez, Norma Ruiz, Patricia Quintana and Roberta Vasquez, Petitioners, v. Hon. Gary JOHNSON, Governor of the State of New Mexico, and William H. Johnson, Secretary of the New Mexico Human Services Department, Respondents.

Supreme Court of New Mexico.

May 29, 1998.

Attorney(s) appearing for the Case

Freedman, Boyd, Daniels, Hollander, Guttman & Goldberg, Joseph Goldberg, Michael B. Browde, Robert C. Erickson, New Mexico Center on Law and Poverty, Peter M. Cubra, Albuquerque, for Petitioners.

Hinkle, Cox, Eaton, Coffield & Hensley, L.L.P., Thomas M. Hnasko, Jeffrey L. Fornaciari, Santa Fe, for Respondents.

Tom Udall, Attorney General, Patrick T. Simpson, Craig B. Fredwell, Monica M. Ontiveros, Corliss G. Thalley, Elizabeth A. Glenn, Assistant Attorneys General, Santa Fe, for Amicus Curiae.

OPINION

BACA, Justice.

{1} The Constitution of the State of New Mexico commands that "[t]he powers of the government of this state are divided into three distinct departments, the legislative, executive, and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others...."

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