Fifteen residents file lawsuit to remove mayor of Anthony, New Mexico. Here's why

A group of residents in Anthony, New Mexico, filed a lawsuit on Nov. 2 seeking to remove the elected mayor after alleging she illegally used a company vehicle for personal use, violated state transparency laws, and took steps to prevent the public from participating in government.

The lawsuit is the second involving Diana Murillo, the mayor of Anthony and commissioner of Doña Ana County, involving allegations of misuse of public resources. Murillo filed the first in April against Anthony Trustee Gabriel Holguin, alleging Holguin removed agenda items and used a city-owned printer for personal reasons. Holguin argued that he used the printer to create flyers to inform the public about city happenings.

Now, former Mayor Pro Temp and current trustee candidate Fernando Herrera, alongside a group of 14 residents, have filed to have Murillo removed from office.

"We think a lot of damage is being done to the city of Anthony, where the people of Anthony are not being heard, money is being spent in inappropriate ways," said Yvonne Quintana, an attorney representing the 15 plaintiffs during a news conference on Nov. 4 announcing the lawsuit. "We think that it's appropriate not to wait for an election because it's egregious."

Murillo has been Mayor of Anthony since 2016, a city of less than 9,000 pressed against the Texas border and adjacent to a Texas town with the same name. Anthony, New Mexico, was incorporated in 2010. But recent years have seen the newborn city struggle with internal strife.

In the lawsuit, the 15 plaintiffs allege that Murillo regularly uses a city-owned vehicle as a personal vehicle, transporting family members and driving it between work and home.

The 15 plaintiffs also said Murillo has forced out groups of residents from participating in public meetings, held votes in quasi-closed sessions (a violation of the state's laws governing public meetings), and prevented Spanish speakers from understanding the meeting by removing translation services.

The 15 plaintiffs also said Murillo is being investigated by the State Attorney General and hired a cousin without disclosing the family relationship.

Murillo could not be reached for comment before this article was published.

Quintana, who also represents Holguin in the lawsuit between Holguin and Murillo, acknowledged that removing an elected official from office via lawsuit would be a difficult task. The law favors allowing the voters to decide, Quintana said.

"I, as a lawyer, thought that these allegations were serious enough that they supported the cause of action that I filed. Whether or not I can prevail, that will you know, that's beyond my control. That is up to a judge," Quintana said.

Murillo has 30 days to file a response to the lawsuit before a judge can determine if she'll be removed.

Herrera, Fernando G. Et Al. v. Murillo, Diana-Mayor of Anthony New Mexico by Justin Garcia on Scribd

This article originally appeared on Las Cruces Sun-News: Fifteen residents file lawsuit to remove mayor of Anthony, New Mexico