Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 71-09

Collection Attorney General Opinions and Advisory Letters
Date 01/28/1971
File Number 1971 Op. Att'y Gen. No. 71-09
Citations - New Mexico Laws and Court Rules
Constitution of New Mexico - cited by 6,029 documents

Decision Content

Opinion No. 71-09

January 28, 1971

BY: OPINION OF DAVID L. NORVELL, Attorney General

TO: Arthur Ulibarri, Chairman Public Service Commission State Capitol Building Santa Fe, New Mexico 87501

QUESTIONS

QUESTION

1. Can a Public Service Commissioner, whose term expired January 15, 1971, and who has not been reappointed, continue in office until a successor is appointed to succeed him?

2. If the answer to No. 1 is in the affirmative, may he lawfully draw his salary, sign orders and otherwise perform the duties of a Public Service Commissioner?

ANSWER

1. Yes.

2. Yes.

OPINION

{*12} ANALYSIS

You raised the question as to the official status of a member of the Public Service Commission, whose term of office has expired but who, himself, has not been reappointed.

Article XX, Section 2 of the New Mexico Constitution states:

"Every officer, unless removed, shall hold his office until his successor has duly qualified."

A Public Service Commissioner is an officer within the constitutional definition contained in Article XX, Section 2 of the New Mexico Constitution, and a holdover officer is a de-jure officer with full and complete powers until his successor is duly qualified or until he is duly appointed.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.