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Three lawmakers named in a lawsuit brought by Western New Mexico University鈥檚 former president have been dismissed as defendants by a state judge鈥檚 order last week.

Joseph Shepard sued the university along with state Sen. George Mu帽oz, D-Gallup, state Sen. Mimi Stewart, D-sa国际传媒官网网页入口, and former state Sen. Siah Correa Hemphill of Silver City, alleging a conspiracy to 鈥渄estroy his reputation鈥� after Shepard questioned a $1 million appropriation for a charter school located on WNMU鈥檚 main campus in Silver City.

The lawsuit also named State Auditor Joseph Maestas, whose office oversaw a special audit addressing the handling of public money by Shepard and the former university regents. Current regent John Wertheim is a defendant as well. 

But state District Judge Jarod Hofacket ruled that the actions attributed to the senators are covered by the state Constitution鈥檚 guarantee of immunity to lawmakers for legislative activity.

Shepard filed a motion Friday asking Hofacket to reconsider his order, as well as a separate order dismissing Maestas as a defendant. 

Shepard served as WNMU鈥檚 president from 2011 through 2024, leaving the post amid controversy after multiple state probes into spending at the university as well as a $1.9 million severance payment and $200,000 faculty appointment at WNMU鈥檚 business school, approved by the former regents shortly before Shepard鈥檚 departure.

The golden parachute prompted Gov. Michelle Lujan Grisham to request the resignations of WNMU鈥檚 entire board of regents at the start of 2025.

A newly appointed board subsequently voided Shepard鈥檚 faculty appointment, prompting Shepard to claim breach of contract in a separate pending lawsuit.

Shepard claimed that Mu帽oz, who chairs the Senate Finance Committee, hatched a plan with Correa Hemphill, who sat on the committee, to appropriate $1 million to WNMU that would actually be spent on the Aldo Leopold Charter School without disclosing that Correa Hemphill 鈥� a psychologist 鈥� had worked for the school and had children enrolled there.

Shepard is seeking damages under New Mexico鈥檚 Whistleblower Act, claiming ethics investigations into his use of public funds and termination as a faculty member were in retaliation for his objections to the appropriation. Shepard also sought triple damages through New Mexico鈥檚 anti-racketeering statute.

Hofacket ruled that, even if Shepard鈥檚 claims about the senators were assumed to be true, 鈥渢hey occurred in the course of legislative budgeting, deliberation, committee inquiry, or oversight,鈥� and are therefore covered by legislative immunity, regardless of whether their intent was proper or not.

Correa Hemphill filed to run for reelection in 2024 but later withdrew, citing the financial burden of serving in New Mexico鈥檚 unsalaried Legislature.

After Hofacket鈥檚 ruling, Correa Hemphill issued a statement saying the ruling 鈥渂rings an enormous sense of relief and closure.鈥�

She also denied any impropriety, writing, 鈥淎s legislators, we often face difficult decisions and challenging appropriations processes, but I always carried out my duties with honesty, transparency, and deep respect for the people I served.鈥�

鈥淚 am of course pleased by the recent ruling, but as the case is still ongoing, I don鈥檛 have further comments at this time,鈥� Stewart told the Journal.

Mu帽oz was unavailable for comment Monday afternoon. 

In a separate order, Hofacket granted a motion to dismiss Maestas as a defendant, ruling that Shepard had not made a factual claim implicating Maestas in criminal acts supporting a racketeering claim.

The rulings leave the university and Wertheim as defendants.

Shepard is himself a defendant in a lawsuit brought by the New Mexico State Ethics Commission, set for trial in 2027 unless a settlement is reached.

Mediation is ongoing in still another lawsuit brought in 2025 by state Attorney General Ra煤l Torrez against Shepard and the university. In that case, Shepard filed a counter suit against the university.

WNMU鈥檚 new president, Jose Coll, was selected in March with an official start date of July 1.

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.