N.M. Sup. Ct. Order No. S-1-AO-2023-00016

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

September 8, 2023 2

NO. S-1-AO-2023-00016 3

IN THE MATTER OF THE 4

WITHDRAWAL OF NEW MEXICO 5

SUPREME COURT ORDER 6

NO. 22-8500-021 7

ORDER 9

WHEREAS, the Court previously recognized in New Mexico Supreme Court 10

Order No. 22-8500-021, In the Matter of Convening a Grand Jury in the First 11

Judicial District, that Article II, Section 14 of the New Mexico Constitution requires 12

a grand jury indictment or criminal information following preliminary examination 13

to confer jurisdiction on the district court to try capital, felonious, or infamous 14

crimes; 15

WHEREAS, this Court explained in Cook v. Smith, 1992-NMSC-041, ¶ 8, 16

114 N.M. 41, 834 P.2d 418, that Artic le II, Section 14 of the New Mexico 17

Constitution provides two mechanisms for convening a grand jury; 18

WHEREAS, the first of these mechanisms vests the judiciary with 19

discretionary authority to decide whether to convene a grand jury, id.; 20

WHEREAS, the second mechanism is the citizen-initiated grand jury petition, 21

id. ¶¶ 6, 8; N.M. Const. art. II, § 14; 22

WHEREAS, pursuant to NMSA 1978, Section 31-6-7(C) (2003), the district 1

attorney, unless otherwise disqualified, is responsible for conducting a grand jury 2

convened in response to a citizen petition; 3

WHEREAS, NMSA 1978, Section 31-6-9 (1993) permits the district court to 4

limit the inquiries of the grand jury, as further confirmed by this Court in Dist. Ct. 5

of Second Jud. Dist. v. McKenna, 1994-NMSC-102, ¶ 8, 118 N.M. 402, 881 P.2d 6

1387; 7

WHEREAS, Article VI, Section 3 of the New Mexico Constitution confers on 8

this Court superintending control over all inferior courts, including the district 9

courts; 10

WHEREAS, Supreme C ourt Order No. 22-8500-021 ordered that a district 11

court judge of the First Judicial District Court shall convene a grand jury pursuant 12

to NMSA 1978, Section 31-6-1 (1983); 13

WHEREAS, the Chief Judge of the First Judicial District Court requested that 14

Supreme Court Order No. 22-8500-021 be withdrawn; and 15

WHEREAS, the Court having considered the foregoing and being sufficiently 16

advised, Chief Justice C. Shannon Bacon, Justice Michael E. Vigil, Justice David K. 17

Thomson, Justice Julie J. Vargas, and Justice Briana H. Zamora concurring; 18

NOW, THEREFORE, IT IS ORDERED that Supreme Court Order No. 22-1

8500-021 is hereby WITHDRAWN. 2

IT IS SO ORDERED. 3

WITNESS, the Honorable C. Shannon Bacon, Chief 4

Justice of the Supreme Court of the State of New Mexico, 5

and the seal of said Court this 8th day of September, 2023. 6