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State v. Ogden3/14/1994
r this definition, the fact that CSOs hold their public employment is what vests them by law with the duty to maintain public order. There is no need for specific legislation stating that the CSOs are vested by law to maintain public order. Such a judicial construction employs an artificial and unduly narrow definition of the term "vested by law," and it incorrectly deprives the legislature of the ability to enact broad, general statutes. Instead, "vested by law" should be read to mean "empowered by the sovereign authority of the government." This interpretation is much more natural. The fact that the CSO program is funded and approved by the Farmington City Council and run by the Farmington Police Department means that CSOs are vested by law to maintain public order. CSOs are literally clothed with the authority of the State. There are no New Mexico precedents requiring adoption of the district court's constricted interpretation.
Rather than over-literalize the "vested by law" language in the statutory definitions, our emphasis should focus on the maintenance of public order or peace requirement the more substantive and limiting language of the definitions. Because the purpose of the aggravating circumstance of killing a peace officer is to protect those who maintain public order, it makes more sense to focus on this aspect of the definition. Furthermore, our Court has stated, "To determine whether positions are of a law enforcement nature, this Court will look at the character of the principal duties involved . . . . ; see (stating that "peace officer" under Section 30-1-12(C) is defined in terms of duty). Such an approach sufficiently limits the definition of "peace officer" to protection of precisely those intended to be protected. See, e.g., ) (construing "maintain public order" as it has been traditionally interpreted in the law enforcement context to refer to the function of police officers, sheriff's deputies, and other traditional law enforcement officers); People v. Perry, 27 Ill. App. 3d 230, 327 N.E.2d 167, 170-71 (Ill. App. Ct. 1975) (concluding that private security guards and jailers are not "peace officers" because their duty to maintain public order is confined to a specific time and place).
It seems clear that CSOs are charged with the duty to maintain public peace or order. Although their duties exclude some of the duties of police officers, all of their responsibilities are of a peace-keeping nature. Although CSOs' contact with dangerous criminals is limited, they are heavily involved with protection against property crime. And although property crime is usually considered less serious by our penal laws than personal injury crime, this does not mean that prevention of and protection against property crime is not a central component of maintaining public order.
In sum, there is no statutory definition of "peace officer" directly applicable to the aggravating circumstance statute. The plain meaning rule, the rule that criminal statutes should be construed to redress the evil they are intended to prevent, and the plain meaning of the two statutory definitions of "peace officer" indicate that CSOs are peace officers under Section 31-20A-5(A).
III. Applicability of Murder of a Witness Aggravating Circumstance
The district court denied Ogden's motion to dismiss the aggravating circumstance of murder of a witness, but the basis of its decision is not clear from the court's order. We therefore remand this matter to the district court so that it may revise its order or conduct further proceedings consistent herewith.
Conclusion
We reverse dismissal of the killing
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