proceedings are conducted in secret, and the target and the target’s attorney are permitted to be present only if and when the target testifies. See § 3 l-6-4(B)-(D). The target’s attorney may not participate in the proceedings — except to advise the target — and may not speak in a manner that is audible to the grand jurors. See § 31-6-4(D). In these respects a grand jury proceeding is markedly different from a preliminary examination conducted before a judge, in which the defendant plays an active, adversarial role. For example, at a preliminary examination the defendant is permitted to be present with counsel thr sence of an unauthorized person before the grand jury requires dismissal of the indictment without the necessity of showing prejudice”); Ulibarri, 1999-NMCA-142, ¶¶ 13-15 (<HOLDING>); cf. State v. Bigler, 1982-NMCA-136, ¶¶ 1, 8,
holding that racial discrimination in selection of grand jurors compelled dismissal of indictment holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter holding that the plaintiffs failure to meet any one of the elements requires dismissal of claim holding that the prosecuting attorneys failure to instruct grand jurors on the record of the elements of the relevant criminal offenses warranted dismissal of the indictment without a showing of prejudice holding that plaintiffs failure to respond to argument warranted dismissal with prejudice