0001| HOUSE JOINT RESOLUTION 5
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| FRANK BIRD
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| A JOINT RESOLUTION
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0011| PROPOSING AN AMENDMENT TO ARTICLE 6 OF THE CONSTITUTION OF NEW
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0012| MEXICO TO PROVIDE FOR APPOINTMENT OF JUSTICES AND JUDGES FOR A
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0013| SINGLE TERM AND INCREASING QUALIFICATIONS FOR JUSTICES AND
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0014| JUDGES.
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0015|
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0016| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. It is proposed to amend Article 6, Section 8
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0018| of the constitution of New Mexico to read:
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0019| "No person shall be qualified to hold the office of
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0020| justice of the supreme court unless that person is at least
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0021| thirty-five years old and has been in the actual practice of
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0022| law for at least [ten] fifteen years preceding that
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0023| person's assumption of office and has resided in this state
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0024| for at least three years immediately preceding that person's
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0025| assumption of office. The actual practice of law shall
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0001| include a lawyer's service upon the bench of any court of this
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0002| state. The increased qualifications provided by this [1988]
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0003| 1998 amendment shall not apply to justices and judges
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0004| serving at the time this amendment passes or elected at the
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0005| general election in [1988] 1998."
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0006| Section 2. It is proposed to amend Article 6, Section 14
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0007| of the constitution of New Mexico to read:
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0008| "The qualifications of the district judges shall be the
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0009| same as those of justices of the supreme court [except that
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district judges shall have been in the actual practice of law
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for at least six years preceding assumption of office]. Each
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0012| district judge shall reside in the district for which the
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0013| judge was [elected or] appointed. The increased
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0014| qualifications provided by this [1988] 1998 amendment
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0015| shall not apply to district judges serving at the time this
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0016| amendment passes or elected at the general election in
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0017| [1988] 1998."
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0018| Section 3. It is proposed to amend Article 6, Section 16
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0019| of the constitution of New Mexico to read:
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0020| "The legislature may increase the number of district
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0021| judges in any judicial district, and they shall be [elected
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or] appointed as other district judges for that district. At
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0023| any session after the publication of the census of the United
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0024| States in the year nineteen hundred and twenty, the
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0025| legislature may rearrange the districts of the state, increase
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0001| the number [thereof] of judges and make provision for a
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0002| district judge for any additional district."
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0003| Section 4. It is proposed to amend Article 6, Section 28
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0004| of the constitution of New Mexico to read:
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0005| "The court of appeals shall consist of not less than
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0006| seven judges who shall be chosen as provided in this
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0007| constitution, whose qualifications shall be the same as those
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0008| of justices of the supreme court and whose compensation shall
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0009| be as provided by law. The increased qualifications provided
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0010| by this [1988] 1998 amendment shall not apply to court of
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0011| appeals judges serving at the time this amendment passes or
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0012| elected at the general election in [1988] 1998.
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0013| Three judges of the court of appeals shall constitute a
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0014| quorum for the transaction of business, and a majority of
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0015| those participating must concur in any judgment of the court.
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0016| When necessary, the chief justice of the supreme court
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0017| may designate any justice of the supreme court, or any
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0018| district judge of the state, to act as a judge of the court of
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0019| appeals, and the chief justice may designate any judge of the
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0020| court of appeals to hold court in any district, or to act as a
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0021| justice of the supreme court."
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0022| Section 5. It is proposed to amend Article 6, Section 33
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0023| of the constitution of New Mexico to read:
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0024| "A. Each justice of the supreme court, judge of
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0025| the court of appeals, district judge or metropolitan court
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0001| judge shall [have been elected to that position in a partisan
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election prior to being eligible for a nonpartisan retention
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election. Thereafter, each such justice or judge shall be
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subject to retention or rejection on a nonpartisan ballot.
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Retention of the judicial office shall require at least fifty-
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seven percent of the vote cast on the question of retention or
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rejection.
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B. Each justice of the supreme court or judge of
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the court of appeals shall be subject to retention or
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rejection in like manner at the general election every eighth
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year.
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C. Each district judge shall be subject to
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retention or rejection in like manner at the general election
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every sixth year.
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D. Each metropolitan court judge shall be subject
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to retention or rejection in like manner at the general
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election every fourth year.
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E. Every justice of the supreme court, judge of
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the court of appeals, district judge or metropolitan court
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judge holding office on January 1 next following the date of
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the election at which this amendment is adopted shall be
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deemed to have fulfilled the requirements of Subsection A of
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this section and the justice or judge shall be eligible for
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retention or rejection by the electorate at the general
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election next preceding the end of the term of which the
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justice or judge was last elected prior to the adoption of
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this amendment] be appointed by the governor with the advice
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0003| and consent of the senate. The term of each appointment is
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0004| ten years plus any additional time necessary to ensure that
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0005| the term expires on December 31. A justice or judge cannot
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0006| serve more than one term, except as otherwise provided in this
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0007| section. A person may be appointed to serve in a judgeship
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0008| superior or inferior to the one to which he was previously
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0009| appointed; the term of the new appointment is ten years plus
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0010| any additional time necessary to ensure that the term expires
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0011| on December 31. If a vacancy in a judgeship occurs, a
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0012| qualified person, who may be a judge holding a superior or
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0013| inferior judgeship, shall be appointed by the governor and
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0014| confirmed by the senate to fill the vacancy. The person
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0015| appointed to fill the vacancy shall serve one ten-year term
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0016| plus any additional time necessary to ensure that the term
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0017| expires on December 31.
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0018| B. Every justice of the supreme court, judge of
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0019| the court of appeals, district judge or metropolitan court
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0020| judge holding or taking office on January 1, 1999 shall serve
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0021| out the term for which elected or retained and, thereafter,
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0022| shall be eligible for appointment for one full ten-year term
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0023| plus any additional time necessary to ensure that the term
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0024| expires on December 31. When a vacancy occurs in a term
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0025| extant on January 1, 1999, the term shall be considered
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0001| expired, and the governor shall appoint a qualified person to
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0002| fill a full ten-year term."
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0003| Section 6. It is proposed to amend Article 6 of the
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0004| constitution of New Mexico by repealing Sections 10, 34, 35,
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0005| 36 and 37.
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0006| Section 7. The amendment proposed by this resolution
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0007| shall be submitted to the people for their approval or
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0008| rejection at the next general election or at any special
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0009| election prior to that date which may be called for that
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0010| purpose.
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0011|
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