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