April 9, 1999

The Honorable Raymond G. Sanchez and

Members of the House of Representatives

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable Speaker and Members of the House:

I have this day VETOED and am returning HOUSE BILL 409, as amended, enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation would significantly alter the current grand jury system. Among other things, it would allow members of the grand jury to be disqualified due to a conflict of interest, bias, partiality or inability to follow the law; allow a target defendant’s attorney to play a greater role; establish stricter standards to the admission of evidence; and require greater notification to the target of a grand jury investigation. The purpose of the grand jury is to investigate and determine whether or not probable cause exists which would require a person charged with a crime to stand trial. This legislation has been vetoed because it severely undermines the ability of District Attorneys to use the grand jury. The rights which this bill attempts to grant to targets of grand jury investigations are currently and adequately reserved for those who stand trial as criminal defendants

Sincerely,

Gary E. Johnson

Governor