BUL4602 Fall-2011 Lecture 6, Reading 7

BUL4602 Fall-2011 Lecture 6, Reading 7 - Mills v New Mexico...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Mills v. New Mexico page 1 Supreme Court of New Mexico. Carolyn MILLS, Petitioner-Appellant, v. NEW MEXICO STATE BOARD OF PSYCHOLOGIST EXAMINERS, Respondent-Appellee. No. 23701. May 30, 1997. Psychologist sought judicial review of administrative determination by state Board of Psychologist Examiners. On Board's motion, the District Court of Santa Fe County, James A. Hall, D.J., issued order quashing writ of certiorari. Psychologist appealed. On transfer from the Court of Appeals, the Supreme Court, Baca, J., held that: (1) absence of statutory basis for review of Board's decision to impose examination requirement adequately legitimated psychologist's request for writ of certiorari; (2) due process implications of imposing examination requirement without hearing were ripe for judicial review; (3) due process protections applied to any action by Board which might have resulted in deprivation of psychologist's license to practice; (4) remand was required to determine whether application of examination requirement to psychologist was rationally related to legitimate governmental purpose; (5) procedural due process required that psychologist be provided with notice and opportunity to be heard prior to implementation of examination requirement; and (6) psychologist was entitled to hearing establishing rational justification for Board's decision. Remanded for administrative action. Jacobvitz, Thuma & Matthews, P.C., Marian Matthews, Albuquerque, for Petitioner-Appellant. Michael Dickman, Santa Fe, for Respondent-Appellee. OPINION BACA, Justice. I 1. This is an appeal from a district court Order Quashing Writ of Certiorari to review the actions of the New Mexico State Board of Psychologist Examiners (the Board) pertaining to Dr. Carolyn Mills (Mills). Mills sought review of the Board's requirement that she take and pass an oral examination in order to reinstate her license to practice psychology following a brief retirement. Mills questioned the Board's imposition of the oral examination requirement, raising concerns about both substantive and procedural due process. The district court quashed the Motion for Certiorari for lack of jurisdiction to review the Board's discretionary requirement of an oral examination and because the court concluded that the oral examination requirement did not implicate due process. Mills filed a timely appeal. The Court of Appeals transferred the case to this Court pursuant to NMSA 1978, Section 34-5-14(C) (Repl.Pamp.1996), because the case involves significant questions of law under the Constitutions of New Mexico and the United States. We remand the case to the Board, ordering the Board to provide Mills with a reinstatement proceeding which complies with the requirements of due process. II 2. The Board is the body empowered to regulate licensing of psychologists. See NMSA 1978, § 61-9-6 (Repl.Pamp.1996). The Board issued Mills a license to practice psychology in 1980. Mills practiced psychology successfully until 1992, at which time she was prompted by several events in her personal life to retire from practice. Mills was suffering from severe environmental illness and intended to remarry, leave New Mexico, and retire.
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Mills v. New Mexico
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '11
  • Johnson
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, oral examination, Dr. Carolyn Mills

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern