Alec Baldwin wants 'Rust' prosecutor dismissed as she's a Republican lawmaker: 'Unconstitutional'

[gldstwmn]

11. She was already running for office when she was appointed and that is the crux of the issue

according to documents obtained by Forbes:
Section 1 of Article III of the New Mexico’s constitution states a member of the Legislature may not “exercise any powers properly belonging” to the executive or judicial branch, according to the filing.

In working as a special prosecutor, “Representative Reeb is vested by statute with ‘all the powers and duties’ of a District Attorney,” who has both executive and judicial powers, and “must be disqualified.”

The local district attorney appointed Reeb as a special prosecutor in August to “expedite” the case review process, after Reeb had received the Republican nomination for her state House seat, which she ultimately won, according to the filing.

Baldwin is not making a political argument about Reeb’s appointment, even though she is a Republican and he is a Democrat known for playing former President Donald Trump on Saturday Night Live.

https://www.forbes.com/sites/marisadellatto/2023/02/07/alec-baldwin-moves-to-disqualify-special-prosecutor-in-rust-case-for-serving-as-state-lawmaker/