0001| SENATE JOINT RESOLUTION 5
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PETE CAMPOS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT RESOLUTION
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0011| PROPOSING AN AMENDMENT TO ARTICLE 6, SECTION 32 OF THE
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0012| CONSTITUTION OF NEW MEXICO TO ADD A MAGISTRATE AS A MEMBER OF
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0013| THE JUDICIAL STANDARDS COMMISSION.
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0014|
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0015| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. It is proposed to amend Article 6, Section 32
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0017| of the constitution of New Mexico to read:
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0018| "There is created the "judicial standards commission",
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0019| consisting of two justices or judges, one magistrate and two
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0020| lawyers selected as may be provided by law to serve for terms
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0021| of four years, and five citizens, none of whom is a justice,
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0022| judge or magistrate of any court or licensed to practice law in
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0023| this state, who shall be appointed by the governor for five-
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0024| year staggered terms as may be provided by law. If a position
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0025| on the commission becomes vacant for any reason, the successor
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0001| shall be selected by the original appointing authority in the
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0002| same manner as the original appointment was made and shall
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0003| serve for the remainder of the term vacated. No act of the
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0004| commission is valid unless concurred in by a majority of its
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0005| members. The commission shall select one of the members
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0006| appointed by the governor to serve as chairman.
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0007| In accordance with this section, any justice, judge or
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0008| magistrate of any court may be disciplined or removed for
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0009| willful misconduct in office, persistent failure or inability
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0010| to perform a judge's duties, or habitual intemperance, or he
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0011| may be retired for disability seriously interfering with the
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0012| performance of his duties that is, or is likely to become, of a
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0013| permanent character. The commission may, after investigation
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0014| it deems necessary, order a hearing to be held before it
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0015| concerning the discipline, removal or retirement of a justice,
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0016| judge or magistrate, or the commission may appoint three
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0017| masters who are justices or judges of courts of record to hear
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0018| and take evidence in the matter and to report their findings to
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0019| the commission. After hearing or after considering the record
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0020| and the findings and report of the masters, if the commission
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0021| finds good cause, it shall recommend to the supreme court the
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0022| discipline, removal or retirement of the justice, judge or
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0023| magistrate.
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0024| The supreme court shall review the record of the
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0025| proceedings on the law and facts and may permit the
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0001| introduction of additional evidence, and it shall order the
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0002| discipline, removal or retirement as it finds just and proper
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0003| or wholly reject the recommendation. Upon an order for his
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0004| retirement, any justice, judge or magistrate participating in a
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0005| statutory retirement program shall be retired with the same
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0006| rights as if he had retired pursuant to the retirement program.
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0007| Upon an order for removal, the justice, judge or magistrate
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0008| shall thereby be removed from office, and his salary shall
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0009| cease from the date of the order.
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0010| All papers filed with the commission or its masters, and
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0011| proceedings before the commission or its masters, are
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0012| confidential. The filing of papers and giving of testimony
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0013| before the commission or its masters is privileged in any
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0014| action for defamation, except that the record filed by the
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0015| commission in the supreme court continues privileged but, upon
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0016| its filing, loses its confidential character, and a writing
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0017| which was privileged prior to its filing with the commission or
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0018| its masters does not lose its privilege by the filing. The
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0019| commission shall promulgate regulations establishing procedures
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0020| for hearings under this section. No justice or judge who is a
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0021| member of the commission or supreme court shall participate in
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0022| any proceeding involving his own discipline, removal or
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0023| retirement.
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0024| This section is alternative to, and cumulative with, the
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0025| removal of justices, judges and magistrates by impeachment and
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0001| the original superintending control of the supreme court."
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0002| Section 2. The amendment proposed by this resolution
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0003| shall be submitted to the people for their approval or
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0004| rejection at the next general election or at any special
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0005| election prior to that date which may be called for that
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0006| purpose.
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0007|
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0008| FORTY-THIRD LEGISLATURE SJR 5/a
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0009| FIRST SESSION, 1997
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0010|
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0011| February 5, 1997
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0012| Mr. President:
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0013|
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0014| Your JUDICIARY COMMITTEE, to whom has been referred
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0015|
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0016| SENATE JOINT RESOLUTION 5
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0017|
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0018| has had it under consideration and reports same with
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0019| recommendation that it DO PASS, amended as follows:
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0020|
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0021| 1. On page 1, line 12, after the word "ADD" insert "AN
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0022| ADDITIONAL CITIZEN AND".
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0023|
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0024| 2. On page 1, line 12, strike the words "A MEMBER" and
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0025| insert in lieu thereof the word "MEMBERS".
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0001|
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0002| 3. On page 1, line 21, strike "five" and insert in lieu
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0003| thereof "six",
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0004|
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0005| and thence referred to the RULES COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| __________________________________
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0013| Fernando R Macias, Chairman
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0014|
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024|
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0025| The roll call vote was 6 For 0 Against
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0001| Yes: 6
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0002| No: None
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0003| Excused: Vernon, Macias
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0004| Absent: None
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0005|
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0006|
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0007|
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0008| SJR0005JU1
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0009|
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| February 22, 1997
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0016|
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0017| Mr. President:
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0018|
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0019| Your RULES COMMITTEE, to whom has been referred
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0020|
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0021| SENATE JOINT RESOLUTION 5, as amended
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| Gloria Howes, Chairman
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0008|
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0009|
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0010|
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0011| Adopted_______________________ Not
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0012| Adopted_______________________
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0013| (Chief Clerk) (Chief Clerk)
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0014|
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0015|
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0016|
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0017| Date ________________________
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0018|
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0019|
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0020| The roll call vote was 6 For 0 Against
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0021| Yes: 6
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0022| No: 0
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0023| Excused: Altamirano, Aragon
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0024| Absent: None
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0025|
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0001|
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0002| SJR05RU1
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| March 14, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your JUDICIARY COMMITTEE, to whom has been referred
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0016|
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0017| SENATE JOINT RESOLUTION 5, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002| Thomas P. Foy, Chairman
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 8 For 0 Against
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0012| Yes: 8
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0013| Excused: Alwin, King, Luna, Rios, Sanchez
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0014| Absent: None
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0015|
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0016|
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0017| G:\BILLTEXT\BILLW_97\SJR05 State of New Mexico
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0018| House of Representatives
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0019|
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0020| FORTY-THIRD LEGISLATURE
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0021| FIRST SESSION, 1997
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0022|
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0023|
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0024| March 14, 1997
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0025|
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0001|
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0002| Mr. Speaker:
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0003|
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0004| Your JUDICIARY COMMITTEE, to whom has been referred
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0005|
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0006| SENATE JOINT RESOLUTION 5, as amended
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| Thomas P. Foy, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 8 For 0 Against
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0001| Yes: 8
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0002| Excused: Alwin, King, Luna, Rios, Sanchez
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0003| Absent: None
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0004|
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0005|
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0006| G:\BILLTEXT\BILLW_97\SJR05
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