Cook v. Smith

OPINION

RANSOM, Chief Justice.

Article II, Section 14 of the New Mexico Constitution states that “a grand jury shall be ordered to convene ... upon the filing of a petition therefor signed by not less than the lesser of two hundred registered voters or five percent of the registered voters of the county.” In this mandamus action we assumed original jurisdiction, N.M. Const, art. VI, § 3, to decide whether a district judge enjoys discretionary authority to refuse to convene a grand jury requested by petition. We conclude a judge is mandated to convene the grand jury or otherwise substantially…