State v. Surratt

Summary

The New Mexico Supreme Court considered whether a special prosecutor appointed under NMSA 1978, Section 36-1-23.1, could appoint another special prosecutor to continue a criminal prosecution. The Court held that a properly appointed special prosecutor assumes the appointing district attorney’s authority and duties in the specific case, including the authority to appoint another special prosecutor for ethical reasons or other good cause. The Court reversed the Court of Appeals and reinstated Danny Surratt’s conviction.

Holdings

1. A properly appointed special prosecutor assumes all powers and duties of the appointing district attorney in the specific case and may appoint another special prosecutor under Section 36-1-23.1 when an ethical reason or other good cause prevents continued prosecution.
2. The appointment of Chandler did not deprive the Lea County Fifth Judicial District Court of subject-matter jurisdiction over Surratt's criminal proceedings.
3. Section 36-1-23.1's reference to a practicing member of the New Mexico bar includes both private counsel and other public prosecutors.

Questions Presented

1. Whether NMSA 1978, Section 36-1-23.1 authorizes a district attorney appointed as a special prosecutor to appoint another special prosecutor when ethical reasons or other good cause prevent continued participation.
2. Whether the replacement special prosecutor's allegedly unauthorized appointment deprived the district court of subject-matter jurisdiction over the criminal proceedings.

Disposition

reversed