{ "id": 5321276, "name": "Jane C. RIDDLE, Appellant, v. The BOARD OF EDUCATION of the State of Mexico, Appellee", "name_abbreviation": "Riddle v. Board of Education", "decision_date": "1967-12-08", "docket_number": "No. 91", "first_page": "631", "last_page": "632", "citations": [ { "type": "official", "cite": "78 N.M. 631" }, { "type": "parallel", "cite": "435 P.2d 1013" } ], "court": { "name_abbreviation": "N.M. Ct. App.", "id": 9025, "name": "Court of Appeals of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "78 N.M. 297", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 5324652 ], "weight": 2, "year": 1967, "opinion_index": 0, "case_paths": [ "/nm/78/0297-01" ] }, { "cite": "70 N.M. 261", "category": "reporters:state", "reporter": "N.M.", "case_ids": [ 2850162 ], "weight": 2, "year": 1962, "opinion_index": 0, "case_paths": [ "/nm/70/0261-01" ] } ], "analysis": { "cardinality": 230, "char_count": 3973, "ocr_confidence": 0.673, "pagerank": { "raw": 1.5789956000039021e-07, "percentile": 0.6800382956689753 }, "sha256": "09d9db7e11e495b773c715aa7ac027168d529228d6ca73c9200e337ea068327c", "simhash": "1:4117d75196178628", "word_count": 683 }, "last_updated": "2023-07-14T21:27:10.359171+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "SPIESS, C. J., and OMAN, J., concur." ], "parties": [ "Jane C. RIDDLE, Appellant, v. The BOARD OF EDUCATION of the State of Mexico, Appellee." ], "opinions": [ { "text": "OPINION\nWOOD, Judge)\nThe appeal involves a change in the remedy available for reviewing actions of the State Board of' Education taken in connection with a teacher\u2019s appeal. We must determine whether we have jurisdiction.\nThe teacher (Jane C. Riddle) had a teacher\u2019s contract with the Local Board (Board of Education, Cloudcroft Municipal School District No. 11). The contract was for the 1966-1967 school term. The Local Board discharged the teacher during the term of her contract. The teacher appealed the decision of the Local Board to the State Board. The State Board affirmed the decision of the Local Board. The teacher appeals to this court from the decision of the State Board.\nAt the time the teacher was discharged by the Local Board and at the time she appealed to the State Board, \u00a7 73-12-15, N. M.S.A. 1953,- 1965 Pocket Supp. (Laws 1965, ch. 218, repealed 1967) was in effect. This section set forth the procedure applicable in the discharge of teachers holding contracts. State ex rel. Roberson v. Board of Education of City of Santa Fe, 70 N.M. 261, 372 P.2d 832 (1962).\nUnder \u00a7 73-12-15, the decision of the Local Board could be appealed to the State Board. This section provided that the State Board\u2019s decision \u201c * * * shall be final.\u201d Accordingly, the remedy for reviewing the actions of the State Board was certiorari. Roberson v. Board of Education of City of Santa Fe, 78 N.M. 297, 430 P.2d 868 (1967).\nSection 73-12-15 was repealed by Laws 1967, ch. 16, \u00a7 301. Sections 77-8-16 and 77-8-17 were enacted. Laws 1967, ch. 16, \u00a7\u00a7 121 and 122. The effective date was July 1, 1967. Laws 1967, ch. 16, \u00a7 303.\nSection 77-8-17(F), N.M.S.A. 1953, 1967 Pocket Supp., provides that a party aggrieved by a decision of the State Board may appeal the decision to the Court of Appeals. Thus, this section changes the remedy available for reviewing the actions of the State Board. Under prior law the remedy was certiorari; under present law the remedy is by appeal to this court. This change occurred when the teacher\u2019s appeal was pending before the State Board.\nDoes \u00a7 77-8-17(F) apply in this case? If so, we have jurisdiction. N.M. Const. Art. VI, \u00a7 29. If not, we do not have jurisdiction and the teacher\u2019s remedy is by certi-orari.\nThe parties have presented the issue of our jurisdiction on the basis of whether \u00a7 77-8-17(F) affects the remedy or procedure in a pending case so as to violate N.M. Const. Art. IV, \u00a7 34. We do not reach this question.\nWe answer the question of our jurisdiction on the basis of the statute under which the State Board conducted its review of the Local Board proceeding. Both the old (\u00a7 73-12-15) and the new (\u00a7 77-8-17) provide for appeals to the State Board; however, the review by the State Board under \u00a7 73-12-15 differs from the review under \u00a7 77-8-17. Section 73-12-15 does not authorize appeals to this court from a State Board review pursuant to that section. Section 77-8-17 authorizes appeals to this court from \u201c * * * a decision of the state board after a review proceeding pursuant to this section * * *.\u201d\nThe State Board\u2019s review proceeding was not pursuant to \u00a7 77-8-17. One example suffices: Because of the dates involved, if the State Board had proceeded under \u00a7 77-8-17, its review would have been completed and its decision would have been rendered before \u00a7 77-8-17 went into effect.\nSince the State Board\u2019s review proceeding was not conducted under the authority of \u00a7 77-8-17, and since our authority is limited to a review of State Board proceedings conducted under the authority of that section, an appeal to this court is not authorized in this case.\nThe appeal is dismissed.\nIt is so ordered.\nSPIESS, C. J., and OMAN, J., concur.", "type": "majority", "author": "WOOD, Judge)" } ], "attorneys": [ "William C. Marchiondo, McAtee, Mar-chiondo & Michael, Albuquerque, for appel-ant.", "E. P. Ripley, Santa Fe, for appellee." ], "corrections": "", "head_matter": "435 P.2d 1013\nJane C. RIDDLE, Appellant, v. The BOARD OF EDUCATION of the State of Mexico, Appellee.\nNo. 91.\nCourt of Appeals of New Mexico.\nDec. 8, 1967.\nWilliam C. Marchiondo, McAtee, Mar-chiondo & Michael, Albuquerque, for appel-ant.\nE. P. Ripley, Santa Fe, for appellee." }, "file_name": "0631-01", "first_page_order": 671, "last_page_order": 672 }