SOUTHERN NEW MEXICO
Fleet of lawsuits involving former WNMU president to be heard in 2027
Civil cases stemming from Joseph Shepard's tenure linger as negotiations stall
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As Western New Mexico University鈥檚 new president, Jose Coll, prepares to open the next academic year, a fleet of lawsuits pertaining to his predecessor is on track to linger well into 2027.
State District Judge Jarod Hofacket set a five-day bench trial for August of next year to hear New Mexico Attorney General Ra煤l Torrez鈥檚 2025 lawsuit against former president Joseph Shepard and the university鈥檚 governing board of regents, challenging a $1.9 million severance agreement and lucrative faculty contract approved as Shepard announced his resignation late in 2024, amid state probes into spending at the public university in Silver City.
Shepard filed a crossclaim for breach of contract after a new board of regents voided those agreements last year. The money was paid to Shepard at the start of 2025, and Torrez鈥檚 lawsuit sought to claw the money back while also seeking a declaration that the regents had violated New Mexico鈥檚 Open Meetings Act.
Efforts to negotiate a settlement deadlocked in April, according to court filings, although Hofacket鈥檚 scheduling order allows for meditation efforts to continue through April.
New Mexico鈥檚 State Ethics Commission sued Shepard separately last year over allegations he diverted money committed for a handicap-accessible ramp to expand a patio and connect it to his campus residence in time for his daughter鈥檚 wedding. A subsequent special audit took a different view, opining there was a legitimate basis for changes to the project and that Shepard had paid the university for wedding events on campus.
Jury selection for Shepard鈥檚 lawsuit is currently scheduled at the end of June.
Shepard filed a lawsuit of his own against the university in October, initially naming three state lawmakers and State Auditor Joseph Maestas as well, alleging they conspired to 鈥渄estroy his reputation鈥� after he questioned a state appropriation benefitting a charter school located on WNMU鈥檚 campus. Maestas and the legislators were subsequently dropped from the litigation when Hofacket ruled the actions at issue were within the scope of their official duties.
Shepard is seeking a jury trial in the case, which is still pending.
In yet another civil case, currently set to be heard by a jury in October 2027, WNMU鈥檚 former grants and rural initiatives director, Sunil Otto Khera, is alleging Shepard, university vice-president Magdaleno Manzanzarez and the regents fired him in 2023 in retaliation for raising questions about the university鈥檚 compliance with procurement policies and handling of federal grant funds.
Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.
