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NM Court of Appeals Resets December 12 Hearing for January 28, 2014

December 3, 2013 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, January 28, 2014. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge Michael D. Bustamante (’74), Judge Jonathan B. Sutin (’63), and Judge J. Miles Hanisee.

Following are the details of the case:

EMILY KANE, Petitioner-Appellee, represented by Michael J. Cadigan and Kristina Caffrey


CITY OF ALBUQUERQUE, Respondent-Appellant, represented by David Tourek, City Attorney, Rebecca E. Ward, Asst. City Attorney, Robin A. Goble

Petitioner-Appelle Emily Kane advised City officials in March 2012 that she intended to run for state public office as a Representative in the state legislature. Kane’s request for permission to run for an elective state office was denied based on the home rule Charter and Personnel Rule prohibitions against City employees running for or holding elective state office. After Kane failed to surrender her candidacy or end her employment with the city as instructed by Fire Chief James Breen, disciplinary proceedings were begun. Kane filed an Application for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction and for Declaratory Judgment against the City of Albuquerque, seeking protection against potential disciplinary action based on her candidacy for the state legislature. The court granted Kane’s application for injunctive relief and denied the City’s motion for declaratory judgment. The district court permanently restrained the City from taking any action to discipline Kane for seeking or holding office as a Representative in the state house of Representatives. Respondent-Appellant seeks review of the Second Judicial District Court’s order granting injunctive relief and declaratory judgment to Kane.

For more information, contact Nora Gonzales at 505-841-4618.