In the Matter of Death Penalty Sentencing Jury Rules

• Decision Date: 30 November 2009
• Docket Number: No. 09-8300-042.,09-8300-042.
• Citation: 222 P.3d 674,2009 NMSC 052
• Parties: IN THE MATTER OF DEATH PENALTY SENTENCING JURY RULES. In the Matter of the Amendments of Rules 5-605 and 5-704 NMRA of the Rules of Criminal Procedure for the District Courts-Death Penalty Sentencing Jury Rules.
• Court: New Mexico Supreme Court

222 P.3d 674

2009 NMSC 052

IN THE MATTER OF DEATH PENALTY SENTENCING JURY RULES In the Matter of the Amendments of Rules 5-605 and 5-704 NMRA of the Rules of Criminal Procedure for the District Courts-Death Penalty Sentencing Jury Rules.

No. 09-8300-042.

Supreme Court of New Mexico.

November 30, 2009.

ORDER

WHEREAS, the Legislature repealed the death penalty in New Mexico for all crimes committed on or after July 1, 2009. See 2009 N.M. Laws, ch. 11, §§ 5-7;

WHEREAS, the death penalty remains a sentencing option for a limited number of cases alleging crimes committed before July 1, 2009;

WHEREAS, prior to the 2009 death penalty repeal, the Legislature previously established a procedure for sentencing a defendant convicted of a capital felony under the provisions of NMSA 1978, Section 31-20A-1(B) (1979), which provides that a separate sentencing proceeding shall be held to determine whether the defendant shall be sentenced to death or life imprisonment and that "the sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury";

WHEREAS, this Court has acknowledged that the Legislature is not precluded from enacting statutes affecting pleading and practice in New Mexico state courts unless such a statute conflicts with an existing court rule, a constitutional provision, or otherwise impairs the essential functions of the Court. See Albuquerque Rape Crisis Center v. Blackmer, 2005-NMSC-032, ¶ 5, 138 N.M. 398, 120 P.3d 820;

WHEREAS, this Court previously deferred to the legislative policy considerations for choosing the sentencing procedure as aforementioned in State v. Fry, 2006-NMSC-001, ¶ 12, 138 N.M. 700, 126 P.3d 516;

WHEREAS, since Fry, the Governor signed legislation repealing the death penalty with both branches of government expressing their lack of trust in the procedural system they had previously developed for imposition of the death penalty, which includes the requirement of the original judge and jury conducting the sentencing proceeding;

WHEREAS, as the independent judicial branch of government charged with the constitutional responsibility of furthering due process considerations, this Court has the authority to adopt procedural rules;

WHEREAS, this Court concludes that our opinion in Fry is not an impediment to revising the procedures for the use of juries in death penalty cases; and

WHEREAS, this Court concludes that providing the option of having two separate juries — one to...