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, <u>one magistrate</u> 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 <u> 6 </u> For <u> 0 </u> 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 <u> 6 </u> For <u> 0 </u> 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|                            <u>                                 
</u>    |
<u></u>0002| <u>                           </u>                        Thomas P. Foy, Chairman
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0003|   
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0004|   
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0005|   Adopted <u>                    </u>   Not Adopted <u>                     
</u>    |
<u></u>0006| <u>  </u>
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0007|           (Chief Clerk)                      (Chief Clerk)
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0008|   
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0009|                        Date <u>            </u>
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0010|   
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0011|   The roll call vote was<u> 8 </u> For<u> 0 </u> 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|                            <u>                                 
</u>    |
<u></u>0016| <u>                           </u>                        Thomas P. Foy, Chairman
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0017|   
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0018|   
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0019|   Adopted <u>                    </u>   Not Adopted <u>                     
</u>    |
<u></u>0020| <u>  </u>
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0021|           (Chief Clerk)                      (Chief Clerk)
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0022|   
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0023|                        Date <u>            </u>
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0024|   
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0025|   The roll call vote was<u> 8 </u> For<u> 0 </u> 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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