By Frost McGahey, Investigative Reporter
NM AG Raul Torrez and Gov. Michelle Lujan Grisham
Despite all the headlines and press releases, Attorney General Raul Torrez’s efforts against Dr. Shepard and the Board of Regents appear to be sputtering. Also, Governor Grisham’s email to the Board of Regents demanding that they resign seems to have backfired.
First, the Attorney General on January 6 sought to block the severance payment to Dr. Shepard by asking the court to issue a restraining order. The court declined because the claims in the attorney general’s lawsuit did not implicate Shepard in any wrongdoing.
Next on February 19, John C. Anderson, Dr. Shepard’s attorney, filed a motion to dismiss. Here are the main reasons for dismissal:*
1. The State lacks authority to bring the lawsuit.
2. The allegations do not support the requested remedy against Dr. Shepard.
3. The attorney general’s allegation of breach of fiduciary duty is not within the court’s jurisdiction.
4. Dr. Shepard did not owe a fiduciary duty when negotiating his termination.
5. The State's claims did not attack the legality, of the Board's decision.
6. Dr. Shepard did not aid or abet any breach of fiduciary duty.
7. The contract claims are not within the court’s jurisdiction.
8. The constitutional claims are not within the court’s jurisdiction.
9. Dr. Shepard was not unjustly enriched.
The AG’s lawsuit contains no facts suggesting that Dr. Shepard in any way improperly influenced the board’s decision to enter into the agreement.
Secondly, Governor Grisham’s part:
The governor appoints Regents to WNMU for six-year terms. These are the regents being sued by the Attorney General, many of whom were noted for their exemplary service to the community.
The four former and one remaining regent, through their attorney, M. Karen Kilgore of the Cuddy and McCarthy law firm of Santa Fe, filed an answer to the attorney general’s complaint, denying the allegations against the board and arguing the Attorney General is not a party to any contracts negotiated by the board and so lacks any standing to challenge their validity.**
The board’s response also argues that because the Regents resigned at the governor’s request, they cannot be sued in any official capacity. Also, it appears from the Governor’s statement on January 7, 2025***, the Regents never had the chance to explain their actions to the Governor. Instead, she just insulted them.
The result is that since Grisham fired them, the State can’t sue them.
Dr. Shepard – the focus of a Political Witch Hunt? (grantcountybeat.com)
*Analysis of court document done by AI Assistant.
**Shepard, regents seek end to AG’s lawsuit, Silver City Daily Press, Juno Ogle
