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DWISIOJN NM am
(505) 341.7522
FAX (505) 841-6785

January 24, 2013

The Honorable Kari E. Brandenburg
Second Judicial District Attornev
520 Lomas Blvd. NW 4
Albuquerque, NM 87102-21 l8

Rf: USE 0f Investigative Gram] Juries in Police Officer-Involved Shootings

Dear Ms. Brandenburg:

As you may recall, in May. 2012, after some discussions. it was agreed that the use of
investigative grand juries in of?cer-involved shootings would be suspended. The thought was we
would meet to address questions and concerns that had arisen about these proceedings.

At the initial meeting, the very ?rst request the Court made was for you or your of?ce to
provide the legal authority that supports and justi?es the use of the grandjury for these particular and
unique proceedings. From that point and up until this day, we have not received a reSponse to that
request- Nor has there been any agreement to lift the suspension. Rather, by your letter dated
January 7, 2013, you unilaterally preclaimed your intention to start presenting ofitccr-tnvoived

shooting cases to the grand jury in February and March. 2013.

The Court's concerns about the exiStence ofclear legal authority for these proceedings has
not been resolved. Any assertion that the law that goi'erns grandjury proceedings "doesn?t say you
can't use the grand jury sy?Stcm for these matters" appears to us as legally fragile and unpersuastte.
Given the vast power of the grand jury. we believe It ismore. prowdent to interpret the 
laws. rules and statues as permitting only those proceedings tnat are clearly described and to amid
my reading into existing law additional powers and

any expansive interpretation that would all
I

procedures.
l' these cases when they are presented to the grand jury causes us additional
7, 2013, after any of?cer-involved shooting meident

The posture 
to make an initial probable cause

concern. As you state in your letter of January 
occurs your of?ce will carefully and thoroughly reView the cas

determination. Ifyour of?ce determines there is no probable cause, you will proceed to present the
case to an investigative grandjury So, essentially, these cases are only presented to the urand itiry
after your of?ce, in the exercise of its extensive experience. expertise, and effort, has determined
there is no probable cause to ?le criminal charges. You assert, under these circumstances. that the
presentation to the grand jury is fair, balanced, and impartial. Assuming that to be true. we
nonetheless, believe that the appearance of a iack of impartiality is impossible to avoid, especially
gaven'that the procedure is used only for police of?cers and Speci?cally limited to officer-involved
ooungs

. Rule 5-302 NMRA provides that the district court has supervisory authority over all
grand Jury proceedings. In the exercise of that authority, we conclude that the use of investigative
grand juries in of?cer-involved shootings shall remain suspended until further notice. Should you
to have further discussions in an effort to find a way forward, please let us know.

Be5t Regards,


(?xes 

Ted Brice
Chief Judge



E?harlES Brown
Presiding Judge ofthe Criminal Division

 

Tu, a 


Grand Jury Judge

cc: Greg lreland, Court Executive Officer