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COOK v. SMITH

No. 20517.

834 P.2d 418 (1992)

114 N.M. 41

Elizabeth H. COOK, Frank Bowden, James T. Cooper, James Hare and Billy Johnson, Petitioners, v. Hon. W.C. "Woody" SMITH, District Judge, Respondent.

Supreme Court of New Mexico.

July 7, 1992.

Attorney(s) appearing for the Case

Oman, Gentry & Yntema, P.A., Hessel E. Yntema, III, Albuquerque, for petitioners Cook, et al.

Robert M. Schwartz, Dist. Atty., Steven S. Suttle, Asst. Chief Deputy, Dist. Atty., Albuquerque, Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., John Wentworth, Santa Fe, for respondent 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...

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