J.M. v. Hobbs
Annotate this CaseAt issue in this case was the Legislature’s amendments to anti-attachment statutes to allow a civil judgment to attach to the distributed retirement assets of State Patrol officers and other public employees who have committed any of six specified crimes. Appellant was a retired State Patrol Officer who was convicted of one of the specified crimes, first degree sexual assault of a child. J.M., the victim’s guardian and conservator, sued Appellant on the victim’s behalf and obtained a civil judgment against Appellant. J.M. subsequently attempted to obtain an order in aid of execution. Appellant challenged the constitutionality of the amendment. The district court concluded that the amendment was unconstitutional as special legislation and dismissed J.M.’s motion. The Supreme Court affirmed, holding that the district court correctly determined that the amendment constitutes special legislation.
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