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LOPEZ v. KASE

No. 25,530.

975 P.2d 346 (1999)

126 N.M. 733

1999-NMSC-011

Ron P. LOPEZ, District Attorney for the Seventh Judicial District, Petitioner, v. Hon. Edmund H. KASE, III, District Court Judge for the Seventh Judicial District, Respondent, and Patricia Ann Richardson, Real Party in Interest.

Supreme Court of New Mexico.

February 26, 1999.

Attorney(s) appearing for the Case

Ron P. Lopez, District Attorney, Socorro, Petitioner pro se.

Patricia A. Madrid, Attorney General, Andrea Joseph, Assistant Attorney General, Santa Fe, for Respondent.

Martin, Lutz, Roggow & Brower, P.C., William L. Lutz, Hugh T. Brower, Las Cruces, for Real Party in Interest.

OPINION

FRANCHINI, Justice.

{1} Based on our interpretation of Article VII, Sections 1 and 2 of the New Mexico Constitution and the deference this Court owes the State's executive branch under separation of powers considerations, we determine that Patricia Ann Richardson is lawfully entitled to take office as a Sierra County Commissioner pursuant to her election to that position in November 1998 and the subsequent restoration of her full rights of citizenship...

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