Convisser v. Ecoversity

OPINION

DANIELS, Justice.

Article II, Section 14 of the New Mexico Constitution provides that, in addition to other permissible methods for convening a criminal grand jury, “a grand jury shall be ordered to convene by [a district] 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 . . . .” We hold that determining whether a grand jury petition is supported by the requisite number of “registered voters” is a judicial function calling for the exercise of judicial discretion and…