0001| HOUSE JOINT RESOLUTION 16 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| STEVEN E. PEARCE | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| A JOINT RESOLUTION | 0011| PROPOSING TO AMEND ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO | 0012| TO ABOLISH STATEWIDE ELECTIONS TO RETAIN OR REJECT NEW MEXICO | 0013| SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND | 0014| TO PROVIDE FOR ELECTION OF THE JUSTICES AND JUDGES FROM FIVE | 0015| APPELLATE DISTRICTS. | 0016| | 0017| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. It is proposed to amend Article 6, Section 12 | 0019| of the constitution of New Mexico to read: | 0020| "A. The state shall be divided into judicial | 0021| districts as may be provided by law. One or more district | 0022| judges shall be chosen for each district as provided in this | 0023| constitution. | 0024| B. The state shall be divided into at least five | 0025| appellate judicial districts as may be provided by law. One | - 1 - 0001| or more justices of the supreme court and two or more judges | 0002| of the court of appeals shall be chosen from each district as | 0003| provided by this constitution. A justice or judge shall | 0004| reside in the appellate judicial district from which he is | 0005| elected." | 0006| Section 2. It is proposed to amend Article 6, Section 33 | 0007| of the constitution of New Mexico to read: | 0008| "A. Each justice of the supreme court, judge of | 0009| the court of appeals, district judge or metropolitan court | 0010| judge shall have been elected to that position in a partisan | 0011| election prior to being eligible for a nonpartisan retention | 0012| election. Thereafter, each ~~[such]~~ elected justice or judge | 0013| shall be subject to retention or rejection on a nonpartisan | 0014| ballot. Retention of the judicial office shall require at | 0015| least fifty-seven percent of the vote cast on the question of | 0016| retention or rejection. Each justice or judge shall be | 0017| elected and retained by voters of his respective judicial or | 0018| appellate judicial district. | 0019| B. Each justice of the supreme court or judge of | 0020| the court of appeals shall be subject to retention or | 0021| rejection in like manner at the general election every eighth | 0022| year. | 0023| C. Each district judge shall be subject to | 0024| retention or rejection in like manner at the general election | 0025| every sixth year. | - 2 - 0001| D. Each metropolitan court judge shall be subject | 0002| to retention or rejection in like manner at the general | 0003| election every fourth year. | 0004| E. Every justice of the supreme court, judge of | 0005| the court of appeals, district judge or metropolitan court | 0006| judge holding office on January 1 next following the date of | 0007| the election at which this amendment is adopted shall be | 0008| deemed to have fulfilled the requirements of Subsection A of | 0009| this section and the justice or judge shall be eligible for | 0010| retention or rejection by the electorate at the general | 0011| election next preceding the end of the term of which the | 0012| justice or judge was last elected prior to the adoption of | 0013| this amendment. | 0014| F. The legislature shall randomly assign each | 0015| justice of the supreme court and judge of the court of appeals | 0016| seated prior to this amendment to an appellate judicial | 0017| district as created by law in accordance with this | 0018| constitution. At the end of a justice's or judge's term, the | 0019| voters of the district to which he was assigned shall vote to | 0020| retain or reject the justice or judge assigned to the | 0021| district." | 0022| Section 3. The amendment proposed by this resolution | 0023| shall be submitted to the people for their approval or | 0024| rejection at the next general election or at any special | 0025| election prior to that date which may be called for that | - 3 - 0001| purpose. | 0002| |