SENATE JOINT MEMORIAL 14

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Richard C. Martinez

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO SUPREME COURT TO RESCIND CERTAIN RULES OF CRIMINAL PROCEDURE REGARDING BAIL.

     WHEREAS, in 2016, the voters of New Mexico adopted an amendment to Article 2, Section 13 of the constitution of New Mexico, providing that a defendant who is neither a danger nor a flight risk and who has a financial inability to post a money or property bond may file a motion with the court requesting relief from the requirement to post bond to obtain pretrial liberty; and

     WHEREAS, the New Mexico supreme court, by Order Number 17-8300-005, which was adopted on June 5, 2017 and became effective on July 1, 2017, amended Rules 5-106, 5-204, 5-401, 5-402, 5-403, 5-405 and 5-406 of the Rules of Criminal Procedure for the District Courts; Rules 6-401, 6-403, 6-406, 6-506 and 6-703 of the Rules of Criminal Procedure for the Magistrate Courts; Rules 7-401, 7-403, 7-406, 7-506 and 7-703 of the Rules of Criminal Procedure for the Metropolitan Courts; and Rules 8-401, 8-403, 8-406, 8-506 and 8-703 of the Rules of Criminal Procedure for the Municipal Courts; and

     WHEREAS, the supreme court's rules do not include the constitutional requirement to file a motion to request relief from the requirement to post bond; and

     WHEREAS, Section 38-1-1 NMSA 1978 provides that when the supreme court promulgates rules for judicial proceedings, "Such rules shall not abridge, enlarge or modify the substantive rights of any litigant."; and

     WHEREAS, the adoption of the above-referenced rules by the supreme court impacted the substantive rights of individuals appearing in New Mexico courts as litigants to obtain pre-arraignment and pretrial release through the offering of monetary bail;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico supreme court be requested to immediately rescind the above-referenced amendments to the rules; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to members of the New Mexico supreme court.

- 2 -