N.M. Const. art. IV, § 13
Members of the legislature shall, in all cases except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and on going to and returning from the same. And they shall not be questioned in any other place for any speech or debate or for any vote cast in either house.
President pro tempore is entitled to legislative immunity as a matter of law for legitimate legislative activities. — Where the President pro tempore of the New Mexico legislature filed a petition for writ of superintending control to answer questions as to whether the speech and debate clause immunizes her from the consequences of reassigning a then-senator’s office in the state capitol and his seat on the senate floor, the district court erred when it concluded that it had to examine the president pro tempore’s motives before deciding whether she was entitled to legislative immunity under the speech and debate clause, because the president pro tempore’s motive and intent were irrelevant, and because the president pro tempore’s acts of reassigning the then-senator’s office in the state capitol and his seat on the senate floor were legitimate legislative activities, she was entitled to legislative immunity as a matter of law under the New Mexico Constitution. Stewart v. Ramczyk, 2025-NMSC-032.
Comparable provisions. — Idaho Const., art. III, § 7.
Iowa Const., art. III, § 11.
Montana Const., art. V, § 8.
Utah Const., art. VI, § 8.
Wyoming Const., art. III, § 16.
Origin of privilege. — The privilege for legislators first appeared in unequivocal form in the English bill of rights of 1689. 1969 Op. Att'y Gen. No. 69-83.
No license to commit crimes. — The privilege or immunity granted to members of the legislature does not grant any license to commit crimes. 1969 Op. Att'y Gen. No. 69-83.
Breach of peace. — The privileges and immunities clause protects legislators only from civil arrest. Thus, a state senator or representative who violates any criminal statute, including a misdemeanor statute, commits a "breach of the peace" and is not immune from arrest. 1993 Op. Att'y Gen. No. 93-04.
No immunity from service of civil process or subpoena. — Specific immunity from arrests for misdemeanors does not grant immunity from civil process, nor does it prevent the service of subpoenas on members of the deliberative body. 1969 Op. Att'y Gen. No. 69-83.
"Session." — A special committee session or interim committee session which occurs at a place and time other than regular and special legislative sessions constitutes a "session" as contemplated by the privileges and immunities clause, art. IV, § 13 of the New Mexico constitution. 1993 Op. Att'y Gen. No. 93-04.
Delegates to constitutional convention have privileges and immunities similar to those of the legislators although the privileges and immunities are less well defined and may not have the same broad scope as those granted to the legislators by this section. 1969 Op. Att'y Gen. No. 69-83.
State ethics commission lacks jurisdiction to adjudicate an administrative complaint against a member of the legislature for claims predicated on legislative acts. — N.M. Const., Art. IV, § 13's speech and debate clause provides members of the legislature with immunity from administrative, civil, and criminal actions, whether brought by private individuals or an executive branch agency, for legislative acts taken in the course of the members' official responsibilities, and therefore when claims alleged against a legislator are predicated on that legislator's legislative acts, Art. IV, § 13 operates as a jurisdictional bar to both judicial and administrative proceedings. The state ethics commission, therefore, lacks jurisdiction to adjudicate an administrative complaint that alleges a member of the New Mexico legislature violated the Governmental Conduct Act by introducing a bill, making comments related to a bill in a legislative committee or on the member's respective floor, or voting on the bill. 2021 Op. Ethics Comm’n No. 2021-12.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories and Dependencies § 55.
Immunity of public officers from criminal arrest, 1 A.L.R. 1156.
Immunity of legislators from civil process, 94 A.L.R. 1470.
Defamation: nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings, 41 A.L.R.4th 1116.
81A C.J.S. States § 45.