0001| SENATE JOINT RESOLUTION 9
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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| ROD ADAIR
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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 TO AMEND ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO
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0012| TO ABOLISH STATEWIDE ELECTIONS TO RETAIN OR REJECT NEW MEXICO
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0013| SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS, TO
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0014| PROVIDE FOR ELECTION OF THE JUSTICES AND JUDGES FROM FIVE
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0015| SUPREME COURT DISTRICTS AND TEN APPELLATE JUDICIAL DISTRICTS,
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0016| TO CHANGE THE TERM OF SUPREME COURT JUSTICES AND JUDGES OF THE
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0017| COURT OF APPEALS AND TO ABOLISH THE APPELLATE JUDGES
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0018| NOMINATING COMMISSION.
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0019|
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0020| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021| Section 1. It is proposed to amend Article 6, Section 12
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0022| of the constitution of New Mexico to read:
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0023| "A. The state shall be divided into judicial
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0024| districts as may be provided by law. One or more district
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0025| judges shall be chosen for each district as provided in this
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0001| constitution.
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0002| B. The state shall be divided into five supreme
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0003| court districts as may be provided by law. One justice of the
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0004| supreme court shall be chosen from each district as provided
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0005| by this constitution. A justice shall reside in the district
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0006| from which he is elected.
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0007| C. The state shall be divided into ten judicial
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0008| appellate districts as may be provided by law. One judge of
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0009| the court of appeals shall be chosen from each district as
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0010| provided by this constitution. A judge shall reside in the
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0011| district from which he is elected."
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0012| Section 2. It is proposed to amend Article 6, Section 33
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0013| of the constitution of New Mexico to read:
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0014| "A. Each justice of the supreme court, judge of
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0015| the court of appeals, district judge or metropolitan court
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0016| judge shall have been elected to that position in a partisan
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0017| election prior to being eligible for a nonpartisan retention
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0018| election. Thereafter, each [such] elected justice or
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0019| judge shall be subject to retention or rejection on a
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0020| nonpartisan ballot. Retention of the judicial office shall
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0021| require at least fifty-seven percent of the vote cast on the
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0022| question of retention or rejection. Each justice or judge
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0023| shall be elected and retained by voters of his respective
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0024| judicial or appellate judicial district.
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0025| B. Each justice of the supreme court or judge of
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0001| the court of appeals shall be subject to retention or
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0002| rejection in like manner at the general election every
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0003| [eighth] fourth year.
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0004| C. Each district judge shall be subject to
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0005| retention or rejection in like manner at the general election
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0006| every sixth year.
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0007| D. Each metropolitan court judge shall be subject
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0008| to retention or rejection in like manner at the general
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0009| election every fourth year.
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0010| E. Every justice of the supreme court, judge of
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0011| the court of appeals, district judge or metropolitan court
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0012| judge holding office on January 1 next following the date of
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0013| the election at which this amendment is adopted shall be
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0014| deemed to have fulfilled the requirements of Subsection A of
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0015| this section and the justice or judge shall be eligible for
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0016| retention or rejection by the electorate at the general
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0017| election next preceding the end of the term of which the
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0018| justice or judge was last elected prior to the adoption of
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0019| this amendment.
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0020| F. The legislature shall randomly assign each
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0021| justice of the supreme court and judge of the court of appeals
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0022| seated prior to this amendment to a supreme court district or
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0023| an appellate judicial district, respectively, as created by
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0024| law in accordance with this constitution. At the end of a
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0025| justice's or judge's term, the voters of the district to which
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0001| he was assigned shall vote to retain or reject the justice or
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0002| judge assigned to the district."
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0003| Section 3. It is proposed to amend Article 6, Section 35
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0004| of the constitution of New Mexico to read:
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0005| "[There is created the "appellate judges nominating
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commission", consisting of: the chief justice of the supreme
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court or the chief justice's designee from the supreme court;
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two judges of the court of appeals appointed by the chief
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judge of the court of appeals; the governor, the speaker of
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the house of representatives and the president pro tempore of
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the senate shall each appoint two persons, one of whom shall
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be an attorney licensed to practice law in this state and the
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other who shall be a citizen who is not licensed to practice
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law in any state; the dean of the university of New Mexico
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school of law, who shall serve as chairman of the commission
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and shall vote only in the event of a tie vote; four members
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of the state bar of New Mexico, representing civil and
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criminal prosecution and defense, appointed by the president
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of the state bar and the judges on this committee. The
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appointments shall be made in such manner that each of the two
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largest major political parties, as defined by the Election
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Code, shall be equally represented on the commission. If
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necessary, the president of the state bar and the judges on
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this committee shall make the minimum number of additional
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appointments of members of the state bar as is necessary to
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make each of the two largest major political parties be
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equally represented on the commission. These additional
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members of the state bar shall be appointed such that the
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diverse interests of the state bar are represented. The dean
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of the university of New Mexico school of law shall be the
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final arbiter of whether such diverse interests are
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represented. Members of the commission shall be appointed for
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terms as may be provided by law. If a position on the
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commission becomes vacant for any reason, the successor shall
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be selected by the original appointing authority in the same
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manner as the original appointment was made and shall serve
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for the remainder of the term vacated.
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The commission shall actively solicit, accept and
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evaluate applications from qualified lawyers for the position
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of justice of the supreme court or judge of the court of
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appeals and may require an applicant to submit any information
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it deems relevant to the consideration of his application.
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Upon the occurrence of an actual vacancy in the office of
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justice of the supreme court or judge of the court of appeals,
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the commission shall meet within thirty days and within that
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period submit to the governor the names of persons qualified
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for the judicial office and recommended for appointment to
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that office by a majority of the commission.
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Immediately after receiving the commission nominations,
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the governor may make one request of the commission for
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submission of additional names, and the commission shall
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promptly submit such additional names if a majority of the
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commission finds that additional persons would be qualified
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and recommends those persons for appointment to the judicial
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office.] The governor shall fill a vacancy or appoint a
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successor to fill an impending vacancy in the office of
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justice of the supreme court or judge of the court of appeals
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within thirty days after [receiving final nominations from the
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commission by appointing one of the persons nominated by the
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commission for appointment to that office. If the governor
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fails to make the appointment within that period or from those
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nominations, the appointment shall be made from those
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nominations by the chief justice or the acting chief justice
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of the supreme court. Any] the vacancy occurs. A person
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0015| appointed shall serve until the next general election. That
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0016| person's successor shall be chosen at [such] the election
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0017| and shall hold the office until the expiration of the original
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0018| term."
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0019| Section 4. The amendment proposed by this resolution
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0020| shall be submitted to the people for their approval or
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0021| rejection at the next general election or at any special
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0022| election prior to that date which may be called for that
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0023| purpose.
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0024|
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