2021 New Mexico Statutes
Article 6 - Grand Jury
Section 31-6-2 - Foreman of grand jury.

The jurors shall select one of their number as foreman of the grand jury. The foreman shall preside over the sessions of the grand jury. The foreman shall administer oaths to witnesses. The foreman will sign all reports, indictments or other undertakings of the grand jury. The foreman may appoint one member of the grand jury as a clerk to aid in the keeping of notes or minutes and the tallying of votes during secret sessions when no persons other than grand jury members may be present. The foreman may recess the sessions of the grand jury and reconvene them. The foreman, for good cause, may request the court to excuse or discharge individual grand jurors and to replace them with alternate grand jurors as necessary to continue the work of the grand jury.
History: 1953 Comp., § 41-5-2, enacted by Laws 1969, ch. 276, § 2; 1979, ch. 337, § 1.
Repeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-2, 1953 Comp., relating to challenges of the grand jury panel.
Directory nature of section. — Section 31-6-1 NMSA 1978 and this section are merely directory, not mandatory. State v. Apodaca, 1987-NMCA-033, 105 N.M. 650, 735 P.2d 1156, cert. denied, 105 N.M. 618, 735 P.2d 535, overruled on other grounds by State v. Garcia, 1990-NMCA-065, 110 N.M. 419, 796 P.2d 1115, cert. denied, 110 N.M. 282, 795 P.2d 87.
Law reviews. — For annual survey of criminal procedure in New Mexico, see 18 N.M.L. Rev. 345 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38A C.J.S. Grand Juries §§ 54, 55.

Structure 2021 New Mexico Statutes