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NO. 32,334
ORDER
WHEREAS, Article VI, Section 32, mandates that all papers filed
with the Commission and all proceedings before the Commission are
this Court;
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Section 3, promulgated Rule 27-201 NMRA, which provides for a pre-
that the judge continue to exercise judicial functions pending the due
that are pending before the Commission as required by Article VI, Section
32, of the New Mexico Constitution, any papers filed in the Supreme Court
filed pursuant to Rule 27-201 NMRA are subject to the automatic sealing
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WHEREAS, on April 16, 2010, petitioner, Judicial Standards
Grant, from judicial office prior to any evidentiary hearing before the
had been made on the unproven allegations, and accordingly filed its
104(B);
that the first ninety (90) days of any suspension would be with pay, and
that the Court should review the matter after ninety (90) days to
determine whether the pay should continue, all in lieu of the adversarial
hearing scheduled for May 4, and in lieu of any ruling by the Court on any
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grounds for suspension;
WHEREAS, on April 30, 2010, this Court accepted the Stipulation for
stipulation nor any other filings of the parties addressed the issue whether
under seal by the parties, the Court having advised the parties that it
remain sealed “unless the Court grants the petition” for summary
suspension, and the Court having set oral argument for Monday, May 17,
heard by counsel for respondent, and the Court being sufficiently advised,
concurring;
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to address in their written and oral arguments, among any other
following:
(1) the extent to which Article VI, Section 32, of the New
Mexico Constitution and this Court’s Rule 27-104(B), do or do
not provide this Court any lawful discretion in deciding
whether or not to unseal the file;
May 17th hearing to argue the merits of the pending Petition for
Temporary Suspension, in the event that the resolution of any of the issues
with regard to unsealing the record should result in any party’s successful
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IT IS SO ORDERED.
(SEAL) _______________________________________________
Kathleen Jo Gibson, Chief Clerk of the Supreme Court
of the State of New Mexico