AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Antonio Romero, the Petitioner-Appellant, sought judicial review of an administrative hearing officer's probable cause determination through a petition for writ of certiorari. The City of Albuquerque moved to dismiss the petition on the grounds that the hearing officer's determination was not a final order, leading to the initiation of this appeal (para 2).

Procedural History

• District Court of Bernalillo County, Ted Baca, District Judge: The court granted the City's motion to dismiss the petition for writ of certiorari, which sought review of the administrative hearing officer's probable cause determination (para 2).

Parties' Submissions

• Petitioner-Appellant: Argued for appellate review of the hearing officer's probable cause determination, suggesting that without immediate appeal, effective judicial review may be unavailable (para 4).
• Respondents-Appellees: Moved to dismiss the petition on the basis that the hearing officer's determination was not a final order and thus not appealable under Rule 1-075 NMRA (para 2).

Legal Issues

• Whether the hearing officer's probable cause determination constitutes a final decision appealable to the district court under Rule 1-075 NMRA.

Disposition

• The Court of Appeals affirmed the district court's dismissal of the petition for writ of certiorari (para 6).

Reasons

• Per Jonathan B. Sutin, with Michael D. Bustamante and J. Miles Hanisee concurring, the court reasoned that Rule 1-075 NMRA provides for the review of final agency decisions. In this case, the hearing officer's determination was not final as it contemplated further proceedings in the form of formal forfeiture proceedings. Thus, it was not appealable to the district court under Rule 1-075. The court also referenced the New Mexico Supreme Court's decision in City of Farmington v. Piñon-Garcia, explaining that the district courts must review, de novo, the merits of pretrial motions brought before them on appeal from courts not of record, ensuring meaningful review based on the record on appeal. The court concluded that the appellant is entitled to review of the hearing officer’s probable cause determination, but such review must occur within the forfeiture proceedings rather than in a separate action (paras 3-5).