HOUSE BILL 255

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Al Park

AN ACT

RELATING TO THE JUDICIAL STANDARDS COMMISSION; AUTHORIZING THE JUDICIAL STANDARDS COMMISSION TO ISSUE SUBPOENAS WITHOUT PETITION TO A DISTRICT COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 34-10-2.1 NMSA 1978 (being Laws 1977, Chapter 289, Section 1) is amended to read:

     "34-10-2.1. JUDICIAL STANDARDS COMMISSION--DUTIES--SUBPOENA POWER.--

          A. The judicial standards commission shall:

                (1) investigate all charges, complaints and allegations as to willful misconduct in office, persistent failure or inability to perform a judge's duties or habitual intemperance of any justice, judge or magistrate of any court, and, when the commission deems necessary, hold a hearing on the charges, complaints or allegations concerning the discipline or removal of [such] a judicial officer;

                (2) investigate and, if the commission deems necessary, hold hearings on any charge, complaint or allegation that a justice, judge or magistrate has suffered a disability seriously interfering with the performance of [his] duties which is, or is likely to become, of a permanent character;

                (3) if the commission deems it necessary or convenient, appoint three masters, who are justices or judges of courts of record, to hear and take evidence in any matter arising under Paragraph (1) or (2) of this subsection who shall report their findings to the commission; and

                (4) after a hearing [deemed necessary pursuant to Paragraph (2) of this subsection] or after considering the record and the findings and report of the masters, if the commission finds good cause, it shall recommend to the supreme court the discipline, removal or retirement of the justice, judge or magistrate.

          B. In any investigation or hearing held under the provisions of this section, the commission shall have the power to [adminster] administer oaths and [with the concurrence of a majority of the members of the commission, it may petition a district court to subpoena witnesses] issue subpoenas to compel [their] the attendance of witnesses, examine them under oath or affirmation, [and] require the production of any books, records, documents or other evidence [it may deem] relevant or material to an investigation [upon a showing of probable cause] or hearing."

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