| Text of Section 13:
Bail; Excessive Fines; Cruel and Unusual Punishment
All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great and in situations in which bail is specifically prohibited by this section. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Bail may be denied by the district court for a period of sixty days after the incarceration of the defendant by an order entered within seven days after the incarceration, in the following instances:
A. the defendant is accused of a felony and has previously been convicted of two or more felonies, within the state, which felonies did not arise from the same transaction or a common transaction with the case at bar;
B. the defendant is accused of a felony involving the use of a deadly weapon and has a prior felony conviction, within the state. The period for incarceration without bail may be extended by any period of time by which trial is delayed by a motion for a continuance made by or on behalf of the defendant. An appeal from an order denying bail shall be given preference over all other matters. (As amended November 4, 1980 and November 8, 1988.)
Sec. 14. [Indictment and information; grand juries; rights of accused.]
No person shall be held to answer for a capital, felonious or infamous crime unless on a presentment or indictment of a grand jury or information filed by a district attorney or attorney general or their deputies, except in cases arising in the militia when in actual service in time of war or public danger. No person shall be so held on information without having had a preliminary examination before an examining magistrate, or having waived such preliminary examination.
A grand jury shall be composed of such number, not less than twelve, as may be prescribed by law. Citizens only, residing in the county for which a grand jury may be convened and qualified as prescribed by law, may serve on a grand jury. Concurrence necessary for the finding of an indictment by a grand jury shall be prescribed by law; provided, such concurrence shall never be by less than a majority of those who compose a grand jury, and, provided, at least eight must concur in finding an indictment when a grand jury is composed of twelve in number. Until otherwise prescribed by law a grand jury shall be composed of twelve in number of which eight must concur in finding an indictment. A grand jury shall be convened upon order of a judge of a court empowered to try and determine cases of capital, felonious or infamous crimes at such times as to him shall be deemed necessary, or a grand jury shall be ordered to convene by such judge upon the filing of a petition therefor signed by not less than the greater of two hundred registered voters or two percent of the registered voters of the county, or a grand jury may be convened in any additional manner as may be prescribed by law.
In all criminal prosecutions, the accused shall have the right to appear and defend himself in person, and by counsel; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have the charge and testimony interpreted to him in a language that he understands; to have compulsory process to compel the attendance of necessary witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. (As amended November 4, 1924, effective January 1, 1925, November 4, 1980, and November 8, 1994.)
Sec. 15. [Self-incrimination; double jeopardy.]
No person shall be compelled to testify against himself in a criminal proceeding, nor shall any person be twice put in jeopardy for the same offense; and when the indictment, information or affidavit upon which any person is convicted charges different offenses or different degrees of the same offense and a new trial is granted the accused, he may not again be tried for an offense or degree of the offense greater than the one of which he was convicted.
Sec. 16. [Treason.]
Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Sec. 17. [Freedom of speech and press; libel.]
Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted.
Sec. 18. [Due process; equal protection; sex discrimination.]
No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person. (As amended November 7, 1972, effective July 1, 1973).
Sec. 19. [Retroactive laws; bills of attainder; impairment of contracts.]
No ex post facto law, bill of attainder nor law impairing the obligation of contracts shall be enacted by the legislature.
Sec. 20. [Eminent domain.]
Private property shall not be taken or damaged for public use without just compensation.
Sec. 21. [Imprisonment for debt.]
No person shall be imprisoned for debt in any civil action.
Sec. 22. [Alien landownership.][Repealed.]
Sec. 23. [Reserved rights.]
The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.
Sec. 24. [Victim's rights.]
A. A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a child or that victim's representative shall have the following rights as provided by law:
(1) the right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
(2) the right to timely disposition of the case;
(3) the right to be reasonably protected from the accused throughout the criminal justice process;
(4) the right to notification of court proceedings;
(5) the right to attend all public court proceedings the accused has the right to attend;
(6) the right to confer with the prosecution;
(7) the right to make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
(8) the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury;
(9) the right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
(10) the right to have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause; and
(11) the right to promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property.
B. A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of Subsection A of Section 24 of Article 2 of the constitution of New Mexico.
C. The provisions of this amendment shall not take effect until the legislature enacts laws to implement this amendment. (As added November 3, 1992.)
ADOPTION OF RULES GOVERNING
THE JUDICIAL NOMINATING COMMISSIONS
OF THE STATE OF NEW MEXICO
Leo M. Romero, Dean of the University of New Mexico School of Law and Chair of the judicial nominating commissions established under Article VI, Sections 35 to 37 of the New Mexico Constitution, submits to the New Mexico Compilation Commission for publication the following Rules Governing the Judicial Nominating Commissions. To date, the rules have been adopted by the Appellate Judges Nominating Commission and the District Court Judges Nominating Committees for the Second, Third, Seventh and Eleventh Judicial Districts. The rules will be effective for those commissions on July 1, 1996. The rules will be presented for adoption by the Nominating Committees for the remaining judicial districts and for the metropolitan courts when those committees next convene, and will be effective for those committees as of the date they are adopted.
Leo M. Romero, Chair
Rules of the Judicial Nominating Commission.
JUDICIAL NOMINATING COMMISSION RULES
SECTION 1. Rules.
A. These Rules shall be known as the "Rules Governing Judicial Nominating Commissions," and are applicable to the appellate judges nominating commission, the district court judges nominating committees and the metropolitan court judges nominating committee established under Article VI of the New Mexico Constitution.
B. These Rules shall be effective beginning ____________ .
C. By a majority vote of those commissioners present, each judicial nominating commission or committee may adopt additional rules consistent with the Rules Governing Judicial Nominating Commissions, Article VI of the New Mexico Constitution and state law.
SECTION 2. Role of the Chair.
A. Upon the occurrence of a judicial vacancy or an upcoming judicial vacancy, it is the responsibility of the chair to announce publicly the existence of the vacancy, the application and nomination process and the deadline for applications.
B. The chair shall provide notice of the vacancy to the persons charged by the constitution with the duty of appointing commissioners and shall coordinate the appointment of commissioners in accordance with the constitutional requirements.
C. The chair shall schedule the meetings of the commission and provide the media with notice of the date, time and place of the meetings.
D. The chair shall provide an application packet to applicants and persons nominated by others. For inclusion in the packet, the chair shall prepare a questionnaire requesting information relevant to the evaluation criteria specified in Section 4 of these Rules. Except as specified in the questionnaire, the questionnaire becomes public upon submission.
E. The chair, after the deadline for applications has passed, shall provide the media with the list of applicants who will be considered for the vacancy and date of interviews.
F. The chair shall prepare a proposed agenda and shall send the agenda and the applications to the commission members prior to the meeting.
G. The chair shall determine the order of interviews.
H. The chair shall send a list of the applicants to the Chief Disciplinary Counsel of the Disciplinary Board and request verification that none of the applicants has been the subject of a formal specification of charges.
I. The chair shall send a list of those applicants who are serving as judges in the state to the Executive Director of the Judicial Standards Commission and request verification that none of those applicants has been the subject of formal disciplinary charges.
J. Upon written request by a commissioner, the chair may seek additional information from the applicant or others relevant to the evaluation criteria specified in Section 4 of these Rules.
K. The chair shall preside over meetings of the commission.
L. The chair shall file the oaths of office executed by the commissioners with the Secretary of State.
SECTION 3. Role of the Commissioners.
A. Each commissioner shall take an oath of office prior to the start of a meeting of the commission.
B. Each commissioner shall disclose to the commission all current or past professional, family, business, and other special relationships with any of the applicants. These relationships shall not disqualify a commissioner from participating unless the commissioner feels that he/she cannot be impartial and cannot comply with his/her oath of office as to any applicant.
SECTION 4. Evaluative Criteria.
The commissioners shall evaluate the applicants on the basis of the constitutional requirements and the following evaluative criteria:
- physical and mental ability to perform the tasks required
SECTION 5. Commission Meetings.
A. A majority of the commission shall constitute a quorum. Should the chair be absent, the commission will choose a chair from among its members.
B. Meetings shall be open to the public.
C. The public shall be notified of the meeting through notice in the media and in accordance with the commission's Open Meetings Act notice resolution.
D. The chair shall report on actions taken before the meeting on behalf of the commission pursuant to Section 2 of these Rules.
E. Members of the public shall be allotted time for comments or questions concerning the policies and procedures of the commission and also time for comments concerning individual applicants. Public comment by any individual shall be limited to 5 minutes.
SECTION 6. Interviews.
A. Interviews shall be conducted in the order determined by the chair, unless the commission determines that a change is warranted by the circumstances.
B. Unless the commission decides that a different time schedule would be appropriate, applicants shall be scheduled for interviews at intervals of at least 20 minutes and may choose to start with an opening statement of no more than 5 minutes.
C. Each commissioner shall be given the opportunity to question each applicant.
D. Each commissioner should ask each applicant about any information which the commissioner has learned or heard regarding the applicant and which the commissioner intends to raise in closed session.
E. The commission may, for good reason, hear any applicant on a confidential subject in closed session.
SECTION 7. Closed Session.
A. Following the interviews, the commission may go into closed session to discuss the applicants' qualifications and to evaluate them according to the evaluative criteria specified in Section 4 of these Rules. The discussion during closed session shall be confidential. The extent of confidentiality shall be determined by the commission, but, in any event, shall extend to prohibit express or implied attribution of comments or opinions to individual commissioners.
B. As part of the discussion of the applicants, straw votes, non-binding and by secret ballot, shall be taken to determine support for particular applicants.
C. Before each round of straw votes, the names of the applicants then under consideration shall be raised for discussion by the Commission.
D. Commissioners shall cast only one vote per applicant but may vote for as many of the applicants as he/she wishes.
E. When the commission, in closed session, after deliberations and at least two rounds of straw votes, believes that it is ready to vote in public session, the commission shall reconvene in open session for a final vote.
SECTION 8. Formal Vote.
A. The commission, using the evaluative criteria set forth in Section 4, shall determine which applicants are both qualified for judicial office and should be recommended to the Governor for appointment.
B. The formal vote shall take place in public session. The chair may vote only in the event of a tie. A vote of the majority of the commissioners present shall be required to recommend a nominee or nominees to the Governor.
C. In recognition of the fact that the New Mexico Constitution vests the Governor with the authority to appoint judges and that the commission does not select the judges, the commission should strive to recommend a list of two or more names for each position to the Governor.
SECTION 9. Recommendation to the Governor.
The chair shall send to the Governor, in alphabetical but unranked order, the names of the applicants recommended by the commission. The chair shall notify the media and all applicants of the commission's recommendation to the Governor.
SECTION 10. Forms.
A. Oath of Office
B. Open Meetings Act Resolution
C. Applicant Questionnaire
O A T H
I, __________________ , do solemnly swear that I will support the Constitution of the United States and the constitution and laws of the State of New Mexico; and that I will faithfully and impartially discharge the duties of the office of Commissioner, __________________ Judicial Nominating Commission, on which I am about to enter, to the best of my ability, SO HELP ME GOD.
Sworn and subscribed before me this ______________ day of ______________ , __________ .
My commission expires _________________________________________
(This oath, when executed, must be forwarded
immediately to the Secretary of State at Santa Fe, New
Mexico, accompanied by the filing fee of $1.00)
JUDICIAL NOMINATING COMMISSION
OPEN MEETINGS RESOLUTION
WHEREAS, the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission ("Commission") met at __________________ on __________________ , __________ , at ________ , a.m./p.m. as required per law; and
WHEREAS, Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and
WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and
WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Commission to determine annually what constitutes reasonable notice of its public meetings;
NOW, THEREFORE, BE IT RESOLVED by the Commission that:
1. All meetings shall be held on the date and at the time and place indicated on the meeting notice.
2. Notice of meetings at which applicant interviews will be conducted will be given at least ten (10) days in advance of the meeting date. Notice of other, nonemergency meetings shall be given at least three (3) days in advance of the meeting date. The notice for a meeting shall include an agenda or information on how the public may obtain a copy of the agenda. The agenda shall be available to the public at least twenty-four (24) hours before a meeting.
3. Emergency meetings will be called only under circumstances which demand immediate action to protect the health, safety and property of citizens or to protect the Commission from substantial financial loss. The Commission will avoid emergency meetings whenever possible. Emergency meetings may be called upon twenty-four (24) hours' notice, unless the threat of personal injury, property damage or financial loss require less notice. The notice for all emergency meetings shall include an agenda or information on how the public may obtain a copy of the agenda.
4. For purposes of the meetings described in paragraph 2 of this Resolution, notice of the date, time, place and agenda shall be placed in the Bar Bulletin and newspapers of general circulation in the state and posted at the Commission's office at __________________ . The Secretary shall also mail copies of the written notice or provide telephone notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.
5. For purposes of emergency meetings described in paragraph 3 of this Resolution, notice of the date, time, place and agenda shall be posted at the Commission's office at __________________ . Telephone notice shall also be provided to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings.
6. In addition to the information specified above, all notices shall include the following language:
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact __________________ at __________________ at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact __________________ at __________________ if a summary or other type of accessible format is needed.
7. The Commission may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act.
(a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Commission taken during the open meeting. The authority for the closure and the subjects to be discussed shall be stated with reasonable specificity in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting.
(b) If the decision to hold a closed meeting is made when the Commission is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity is given to the members and to the general public.
(c) Following completion of any closed meeting, the minutes shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure.
(d) Except as provided in Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Commission in an open public meeting.
Passed by the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission this day of __________________ , ________ .
JUDICIAL SELECTION COMMISSION
FOR JUDICIAL VACANCY ON THE __________________
DEADLINE FOR APPLICATIONS
__________________ 5:00 p.m.
This questionnaire should be filed with the Chair of the Judicial Selection Commission no later than 5:00 p.m. ________ . Upon submission, it will be considered as a public document and will be open for inspection by anyone who requests to see it. If you wish to disclose any information that you think should be confidential, you may, in a separate letter, so indicate. Your application will then be treated as conditional pending the Commission's decision regarding your request for confidentiality. If the Commission denies your request, you will not be considered as a candidate and your application will be returned to you unless you elect to be considered a candidate with the information available on a non-confidential basis. Please type or use a word processor.
1. Full name:
2. Social Security Number:
3. County of residence:
4. (a) Office address:
(b) Phone number:
5. (a) Home address:
(b) Phone number:
6. (a) Birthplace:
(b) If outside the United States, give the basis for your citizenship:
8. (a) Marital status:
(b) If divorced, list the name(s) of former spouses:
9. If married, give your spouse's full name, including maiden name where appropriate:
10. Spouse's occupation:
11. All places of residence, city and state, and approximate dates for last 10 years:
12. Schools attended, including preparatory, college and law, with dates and degrees:
13. Bar admissions and dates:
14. (a) Present employment:
(b) List your professional partner(s), associates or employer:
15. (a) Previous employment and dates:
(b) Past professional partners, associates or employers:
16. Public offices held and dates:
17. Activities in professional organizations, including offices held, for last 10 years:
18. Activities in civic organizations, including offices held, for last 10 years:
19. Avocational interests and hobbies:
20. Have you been addicted to the use of any substance within the last three years that would affect your ability to perform the essential duties of a judge? If so, please state the substance and what treatment received, if any:
21. Have you any mental or physical impairment that would affect your ability to perform the essential duties of a judge? If so, please specify:
22. If you have undergone treatment for an emotional or mental condition or illness that would affect your ability to perform the essential duties of a judge, please so indicate by a separate confidential letter and state the reason:
23. To your knowledge, has any formal charge of violation of any rules of professional conduct ever been filed against you in any jurisdiction? If so, when? How was it resolved?
24. Have you ever been convicted of any misdemeanor or felony other than a minor traffic offense?
25. Have you ever had a DWI or any criminal charge, other than a minor traffic offense, filed against you? If so, when? What was the outcome?
26. To your knowledge, is there any circumstance in your professional or personal life that creates a substantial question as to your qualifications to serve in the judicial position involved or which might interfere with your ability to so serve?
27. (a) List the names and addresses of five persons who are in a position to comment on your qualifications for a judicial position. Include one or more professional adversaries in your list of references, identifying them as such. (List only 5 - separate attachment entitled: References).
(b) Please have at least two, but not more than five, letters of recommendation from your references listed above submitted directly to The Chair of the Judicial Selection Commission.
28. If you have served as a judge, has any formal charge of a violation of the Code of Judicial Conduct been filed against you, and if so, how was it resolved?
29. Have you filed all federal, state and city tax returns that are now due or overdue, and are all tax payments up to date? If no, please explain.
30. Have you or any entity in which you have or had an interest ever filed a petition in bankruptcy, or has a petition in bankruptcy been filed against you? If so, please explain.
31. Are you presently an officer, director, partner, majority shareholder or holder of a substantial interest in any corporation, partnership or other business entity? If so, please list the entity and your relationship:
32. Have you ever been a party to a lawsuit other than a dissolution of marriage either as a plaintiff or as a defendant? If so, please supply details and give caption and cause number and date it was filed:
33. Please enclose one legal writing sample, such as a legal memorandum, opinion, or brief. If you had assistance from an associate, clerk or partner, indicate the extent of such assistance.
34. Attach a copy of a publication which you feel would be pertinent to the Commission's consideration of your qualifications:
35. Describe the nature of your law practice for at least the last six years, including the type of legal work, whether in trial or appellate courts, etc. Do you hold yourself out as a specialist in any areas? Do you limit your practice in any way?
36. (a) How extensive is your experience in the following areas:
(b) How many cases have you tried to a jury? Of those trials, how many occurred within the last two years? Please indicate whether these jury trials involved criminal or civil cases.
(c) How many cases have you tried without a jury? How many of these trials occurred within the last two years? Please indicate whether these non-jury trials involved criminal or civil cases.
(d) How many appeals have you handled? Please indicate how many of these appeals occurred within the last two years.
37. Please explain your reasons for applying for a judicial position and what factors you believe indicate that you are well-suited for it.
38. Please submit a current resume.
Submission of this questionnaire expresses my willingness to accept judicial appointment to the ________________________ if tendered by the Governor.
Please transmit the completed and signed questionnaire along with attachments to the Judicial Selection Office, at the following address:
Chair, Judicial Selection Commission
The University of New Mexico
School of Law
1117 Stanford NE
Albuquerque, NM 87131-1431
Type Name: __________________
Waiver of confidentiality - Professional
Disciplinary Bodies and Judicial Disciplinary Bodies
The undersigned applicant hereby waives, until the judicial position applied for is filled, the benefits of any statute, rule or regulation prescribing confidentiality of records of any administrative or disciplinary committee of the State of New Mexico, including but not limited to the Disciplinary Board of the Supreme Court, the Board of Bar Examiners and the Judicial Standards Commission; and does authorize any of the above to furnish to the Judicial Nominating Commission, any such information, including documents, records, bar association files regarding charges or complaints filed against the undersigned, formal or informal, pending or closed, or any other pertinent data, and to permit the Judicial Nominating Commission or any of its members, agents or representatives to inspect and make copies of such documents, records, and other information. The undersigned does hereby release and discharge the Judicial Nominating Commission, its individual representatives, and any other person so furnishing information from any and all liability of every nature and kind arising out of the furnishing of information so provided concerning the applicant. The undersigned also expressly consents to the release of his/her name and this form to the public in the sole discretion of the Judicial Nominating Commission.
STATE OF NEW MEXICO )
COUNTY OF____________ )
The undersigned, upon oath, deposes and states as follows: that he/she is the person whose signature appears hereinabove on the instrument entitled, "Waiver of Confidentiality - Professional Disciplinary Bodies and Judicial Disciplinary Bodies"; that he/she has read the same and is aware of the content thereof; that the same is true and correct according to the best knowledge and belief of the undersigned; and that he/she executed the same freely and voluntarily.
SWORN TO AND SUBSCRIBED before me on this __________ day of ______________ , ________ .
My commission expires