In Ammerman v. Hubbard Broadcasting, Inc., 89 N.M. 307, 551 P.2d 1354 (1976), the Court held that rules of privilege, being evidentiary and thus procedural in nature, were constitutionally the domain of the judiciary. Id. at 310, 551 P.2d at 1357.
On that basis, the Court concluded that statutory privileges created by the legislature were unconstitutional. Id. at 311, 551 P.2d at 1357.
This approach is reflected in Rule 11-501 NMRA 2000, limiting privileges to those required by the state constitution and the rules promulgated by the Supreme Court. See Ammerman, 89 N.M. at 312, 551 P.2d at 1359 (discussing the limited privileges under Rule 501).