State Ex Rel. Human Services Department v. Gomez
This text of 657 P.2d 117 (State Ex Rel. Human Services Department v. Gomez) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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UPON CERTIORARI
This Court granted certiorari in State of New Mexico v. Gomez, in which the Court of Appeals majority opinion ruled to continue welfare benefits that Gomez had been receiving under AFDC (Aid to Families with Dependent Children). Specifically, the court held that Gomez was deprived of due process because his AFDC termination hearing was conducted by telephone and not in the presence of a hearing officer who could observe his demeanor. Judge Wood dissented from the majority opinion holding that Gomez’ benefits should be terminated and outlined the reasons. With the exception of minor procedural questions, this case primarily dealt with the issue of whether telephonic hearings in AFDC termination proceedings violate due process. We adopt the dissenting opinion authored by Judge Wood of the Court of Appeals, thereby upholding the constitutionality of the telephonic hearings.
IT IS SO ORDERED.
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Cite This Page — Counsel Stack
657 P.2d 117, 99 N.M. 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-human-services-department-v-gomez-nm-1982.