State v. Jonathan M.

(specially concurring).

Although I concur in the judgment of the court, I believe the majority’s conclusion can be reached without umbrage to the rationale of Doe v. State, 100 N.M. 579, 673 P.2d 1312 (1984), and without judicial expansion of the policy on which the Children’s Code is based. I write separately to explain how the majority’s conclusion can be distinguished from Doe based solely on interpretation of the statutory language. As the majority indicates, when statutory language is clear and unambiguous, we should give effect to that language and refrain from further interpretation.…