“2-1-2. [Power of officers to administer oaths to witnesses.]
“The presiding officer of the senate, the speaker of the house of representatives, or the chairman of any committee of either house, or the chairman of any joint committee of both houses of the legislature, shall have power to administer an oath to any witness who may appear to testify at any investigation being had by either of said houses of the legislature, or any committee or joint committee thereof” (New Mexico Statutes, Chapter 2, Article 1).
“2-1-10. Legislative subpoenas; form; issuance; penalty.
“A. During any regular or special session of the legislature upon request of a standing committee of either house of the legislature and approval by a majority vote of the elected members of the house of which such committee is a part, the presiding officer of the senate or the speaker of the house of representatives shall issue subpoenas to compel the attendance of any witnesses or command the person to whom directed to produce any books, papers, documents or tangible items designated therein, at any investigation or hearing before the body issuing the subpoena.
“B. Every subpoena shall be issued by the duly authorized legislative officer, under the name of the house or senate, and shall command each person to whom it is directed to attend and give testimony, or to produce documents or other designated articles at a time and place therein specified. Service of process may be made by any person designated by the officer issuing the subpoena.
“C. Witnesses who may be subpoenaed to appear before any body of the legislature, or to produce any designated books, papers, documents or tangible items shall receive as compensation the sum of five dollars ($5.00) a day for each day they are in actual attendance in obedience to the subpoena, and eight cents ($.08) for each mile actually and necessarily traveled in coming to or going from the place of examination, but nothing shall be paid for traveling expenses when the witnesses have been subpoenaed at the place of examination.
“D. Any person who shall refuse or neglect to comply with a subpoena, duly issued by the proper officer of the legislature, shall upon conviction be guilty of contempt of the legislature, and punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment in the discretion of the judge” (New Mexico Statutes, Chapter 2, Article 1).
“A standing committee has those powers necessary to make a proper recommendation on any bill, resolution, memorial or other matter that has been referred to it.
“The committee has authority to call upon all state officers, heads of agencies and departments, employees of agencies and departments and political subdivisions to furnish the committee information, records and documents necessary or proper to accomplish the purposes for which the committee was created.
“The committee is not restricted to the matters referred to it, but may also suggest and initiate legislation respecting any matter that is within the general scope of the committee.
“Each committee has the jurisdiction and duty to inquire into the condition and administration of the laws relating to the subjects it has in its charge. It has the authority to investigate the conduct and review the actions of all public officers and employees concerned with the area in which it operates. It may suggest measures that will correct abuses, protect the public interest and promote the general welfare” (Committee Handbook, pp. 12-13).
“Oaths and Subpoenas
“During any regular or special session, upon request of a standing committee and approval by a majority vote of the elected members of the house of which the committee is a part, the presiding officer of the senate or the speaker of the house is required to issue subpoenas to compel the attendance of any
witnesses or to command a person to produce any books, papers, documents or tangible items designated at any investigation or hearing before the body issuing the subpoena.
“Subpoenas are always issued in the name of the house or senate and never in the name of the committee.
The law provides that any person who does not comply with a house or senate subpoena is guilty of contempt of the legislature and, upon conviction, may be fined up to $500, imprisoned for not more than six months or both (Section 2-1-10 NMSA 1978).
“Oaths may be administered to a witness by any of the following:
- “the presiding officer of the senate;
- “the speaker of the house;
- “the chair of a committee of either house; and
- “the chair of a joint committee of both houses (Section 2-1-2 NMSA 1978)” (Committee Handbook, p. 16).
