A state district court judge is considering whether New Mexico lawmakers can be called upon to testify in the case of a former state senator accused of fraud.
Judge Brett Loveless has scheduled a hearing Monday to consider the extent to which prosecutors can compel lawmakers and their aides to testify in response to objections by the Legislature's administrative office.
The state attorney general's office accuses former Sen. Phil Griego of using his position as a legislator to profit from the sale of a state owned building in downtown Santa Fe. He has pleaded not guilty to fraud, bribery and other charges.
The Legislative Council Service says broad-based subpoenas could violate a constitutional provision that it claims protects the independence of the Legislature and the integrity of the law-making process.
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