Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.

ANNOTATIONS

Cross references. — For statutory provision relating to granting of pardon or restoration of civil rights after service of individual's sentence, see 31-13-1 NMSA 1978.

Comparable provisions. — Idaho Const., art. IV, § 7.

Iowa Const., art. IV, § 16.

Montana Const., art. VI, § 12.

Utah Const., art. VII, § 12.

Wyoming Const., art. IV, § 5.

Ultimate power and right to pardon is granted to governor, unrestrained by any consideration other than his conscience, wisdom and sense of public duty, although there may be regulations by law of the manner of its exercise. Ex parte Bustillos, 1920-NMSC-095, 26 N.M. 449, 194 P. 886.

Legislative invasion of governor's rights unconstitutional. — Code 1915, § 5087 (since repealed), providing for issuance of pardons only upon recommendation of board of penitentiary commissioners, whether or not it was an "existing statute" when adopted and enacted into the code, constituted a plain invasion of rights and duties of the executive, and taken as a whole, was unconstitutional and inoperative. Ex parte Bustillos, 1920-NMSC-095, 26 N.M. 449, 194 P. 886.

Statute permitting court to suspend sentence valid. — Laws 1909, ch. 32, § 1 (since repealed), authorizing suspension of sentence by district court, did not encroach upon this section. Ex parte Bates, 1915-NMSC-060, 20 N.M. 542, 151 P. 698, 1916A L.R.A. 1285.

Governor has full power to pardon for direct criminal contempt of a court. Ex parte Magee, 1925-NMSC-061, 31 N.M. 276, 242 P. 332.

Constructive criminal contempt pardonable. — Constructive criminal contempt is an offense against the state which has the power, through its executive, to extend grace or forgiveness. State v. Magee Publishing Co., 1924-NMSC-023, 29 N.M. 455, 224 P. 1028, 38 A.L.R. 142, overruled by State v. Morris, 1965-NMSC-113, 75 N.M. 475, 406 P.2d 349.

Habitual offender sentences. — The governor has the power to pardon habitual offender sentences, even those not yet imposed on convictions in existence at the time the governor issues the pardon. State v. Mondragon, 1988-NMCA-027, 107 N.M. 421, 759 P.2d 1003, cert. denied, 107 N.M. 267, 755 P.2d 605.

Effect of pardon on habitual criminal provisions. — An executive pardon of an offense which has provoked the court into imposing a life sentence under the habitual criminal act does not avail to deny the court authority to employ the same felony convictions again for the purpose of imposing another sentence under the habitual criminal act, if subsequent to the pardon the prisoner commits another felony. Shankle v. Woodruff, 1958-NMSC-054, 64 N.M. 88, 324 P.2d 1017.

Revocation of pardon. — The governor may revoke a pardon he has issued before it has been delivered to and accepted by the pardonee. 1970 Op. Att'y Gen. No. 70-89.

Governor is without power to pardon conviction under municipal ordinance. City of Clovis v. Hamilton, 41 N.M. 4, 62 P.2d 1151 (1936).

Ward of court. — Pardon powers of the governor do not extend to a person adjudged to be a ward of the court, since such a person has not been convicted of crime. 1943 Op. Att'y Gen. No. 43-4315.

Governor does not have right to reinstate driver's license which had been revoked by the courts; governor's authority would be limited to pardoning conviction for the violation of the law which was the basis for the revocation of the license by the court. 1939 Op. Att'y Gen. No. 39-3083.

Retroactive application of statutory credits improper. — There is no constitutional authority under this section for the governor to apply the benefits of an act granting time credits to inmates while they appealed retroactively; such an act is neither a pardon nor a reprieve. 1968 Op. Att'y Gen. No. 68-57.

Prisoner sentenced to death may not be reprieved for indefinite period. 1921 Op. Att'y Gen. No. 21-3075.

Pardons are to be construed liberally in favor of the pardonee. 1970 Op. Att'y Gen. No. 70-85.

"Pardon" restores one to customary civil rights which ordinarily belong to a citizen of the state, including the right to vote and the right to hold office. 1970 Op. Att'y Gen. No. 70-85.

In the broad sense of the term "pardon," a "certificate restoring a person to full rights of citizenship" is a pardon; this method may be used to restore a federal ex-convict to his political rights. 1970 Op. Att'y Gen. No. 70-85.

This provision is clearly self-executing, and requires no legislative action to make it effective. Ex parte Bustillos, 1920-NMSC-095, 26 N.M. 449, 194 P. 886.

Power to pardon is not inherent attribute of executive department, but rests solely in a grant by the people. 1970 Op. Att'y Gen. No. 70-85.

Ultimate power and right to pardon is granted to governor. — This provision is a plain and clear grant of the pardoning power, the exercise of which may be regulated by law so long as the prescribed regulation does not impair the ultimate power granted. 1970 Op. Att'y Gen. No. 70-85.

The power to grant "reprieves" and "pardons" is vested in the governor by this section. 1960 Op. Att'y Gen. No. 60-199.

In pardoning person convicted of misdemeanor, governor was not bound by legislative restriction. 1915 Op. Att'y Gen. No. 15-1667.

Power to grant partial pardons. — The governor has the power under the New Mexico constitution to grant a partial pardon conferring the right to vote and hold public office while denying the right to possess a firearm. 1992 Op. Att'y Gen. No. 92-09.

Parole or release by court after sentencing improper. — An inmate of the New Mexico industrial school (New Mexico boys school at Springer) who has been convicted and sentenced for crime, whether he has been removed to state penitentiary or not, can only be pardoned by the governor and may not be paroled or released by the court. 1942 Op. Att'y Gen. No. 42-4072.

Pardon of juveniles. — The governor did not have power to pardon boys sentenced to reform school who had merely been adjudged juvenile delinquents, but he did have power to pardon such boys who had first been convicted by court of competent jurisdiction of offense against the peace and dignity of the state. 1933-34 Op. Att'y Gen. No. 33-611.

Commutation of minor's punishment. — It is within power of governor to commute punishment of defendant, under 18 years of age at time crime was committed, from imprisonment in penitentiary to imprisonment in reform school. 1914 Op. Att'y Gen. No. 14-1175.

Pardon pending appeal. — The pardoning power of the governor might be exercised after conviction in the district court, pending appeal. 1918 Op. Att'y Gen. No. 18-2089.

Effect of pardon on eligibility for appointment as police officer. — An unconditional gubernatorial pardon allows a person convicted of a felony to be eligible for certification by the Law Enforcement Academy for permanent appointment as a police officer. However, if authorized by statute or regulation, a pardoned felon's character and the acts underlying the conviction may be considered in certification or licensing. 1992 Op. Att'y Gen. No. 92-09.

Effect of pardon on eligibility for license as private investigator. — An unconditional gubernatorial pardon allows a person convicted of a felony to be eligible for licensure as a private investigator. However, if authorized by statute or regulation, a pardoned felon's character in the acts underlying the conviction maybe considered in certification or licensing. 1992 Op. Att'y Gen. No. 92-09.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d Pardon and Parole §§ 14 to 16, 22, 26 to 30.

Contempt, executive power to pardon for, 23 A.L.R. 524, 26 A.L.R. 21, 38 A.L.R. 171, 63 A.L.R. 226.

Statute authorizing court to suspend sentence as infringing executive pardoning power, 26 A.L.R. 400, 101 A.L.R. 402.

Lieutenant-governor, exercise of pardon power in absence or disability of governor, 32 A.L.R. 1162.

Formal requisites of pardon, 34 A.L.R. 212.

Statute permitting suspension of sentence for wife or family abandonment or nonsupport as encroachment on pardoning power of governor, 48 A.L.R. 1198.

Consent of convict as essential to pardon, commutation or reprieve, 52 A.L.R. 835.

Effect of pardon on previous offenses or punishment therefor, 57 A.L.R. 443.

Conditional pardons, 60 A.L.R. 1410.

Statute restoring competency of convicts as witnesses as infringing governor's pardoning power, 63 A.L.R. 982.

Judicial investigation of pardon by governor, 65 A.L.R. 1471.

Fine or penalty imposed in addition to imprisonment, pardon as affecting, 74 A.L.R. 1118.

Impeachment: pardon as affecting impeachment by proof of conviction of crime, 30 A.L.R.2d 893.

Habitual criminal statute, pardon as affecting consideration of earlier conviction in applying, 31 A.L.R.2d 1186.

Jury: procedure to be followed where jury requests information as to possibility of pardon or parole from sentence imposed, 35 A.L.R.2d 769.

Offenses and convictions covered by pardon, 35 A.L.R.2d 1261.

Governor's authority to remit forfeited bail bond, 77 A.L.R.2d 988.

Jury: prejudicial effect of instruction of court as to possibility of pardon or parole, 12 A.L.R.3d 832.

Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191.

State pardon as affecting "convicted" status of one accused of violations of Gun Control Act of 1968 (18 USC §§ 921 et seq.), 44 A.L.R. Fed. 692.

67A C.J.S. Pardon and Parole §§ 6 to 10.