0001| HOUSE JOINT RESOLUTION 12
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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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 for
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0024| at least three years immediately preceding that person's
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0025| assumption of office. The actual practice of law shall include
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0001| a lawyer's service upon the bench of any court of this state.
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0002| The increased qualifications provided by this [1988] 1998
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0003| amendment shall not apply to justices and judges serving at the
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0004| time this amendment passes or elected at the general election
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0005| in [1988] 1998."
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0006| Section 2. It is proposed to amend Article 6, Section 10
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0007| of the constitution of New Mexico to read:
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0008| "After the publication of the census of the United States
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0009| in the year nineteen hundred and twenty, the legislature shall
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0010| have power to increase the number of justices of the supreme
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0011| court to five; provided, however, that no more than two of
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0012| [said] the justices shall be [elected] appointed at one
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0013| time, except to fill a vacancy."
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0014| Section 3. It is proposed to amend Article 6, Section 14
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0015| of the constitution of New Mexico to read:
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0016| "The qualifications of the district judges shall be the
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0017| 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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0020| district judge shall reside in the district for which the judge
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0021| was [elected or] appointed. The increased qualifications
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0022| provided by this [1988] 1998 amendment shall not apply to
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0023| district judges serving at the time this amendment passes or
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0024| elected at the general election in [1988] 1998."
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0025| Section 4. It is proposed to amend Article 6, Section 16
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0001| of the constitution of New Mexico to read:
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0002| "The legislature may increase the number of district
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0003| 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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0005| any session after the publication of the census of the United
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0006| States in the year nineteen hundred and twenty, the legislature
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0007| may rearrange the districts of the state, increase the number
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0008| [thereof] of judges and make provision for a district judge
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0009| for any additional district."
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0010| Section 5. It is proposed to amend Article 6, Section 28
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0011| of the constitution of New Mexico to read:
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0012| "The court of appeals shall consist of not less than seven
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0013| judges who shall be chosen as provided in this constitution,
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0014| whose qualifications shall be the same as those of justices of
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0015| the supreme court and whose compensation shall be as provided
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0016| by law. The increased qualifications provided by this [1988]
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0017| 1998 amendment shall not apply to court of appeals judges
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0018| serving at the time this amendment passes or elected at the
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0019| general election in [1988] 1998.
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0020| Three judges of the court of appeals shall constitute a
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0021| quorum for the transaction of business, and a majority of those
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0022| participating must concur in any judgment of the court.
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0023| When necessary, the chief justice of the supreme court may
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0024| designate any justice of the supreme court, or any district
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0025| judge of the state, to act as a judge of the court of appeals,
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0001| and the chief justice may designate any judge of the court of
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0002| appeals to hold court in any district, or to act as a justice
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0003| of the supreme court."
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0004| Section 6. It is proposed to amend Article 6, Section 33
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0005| of the constitution of New Mexico to read:
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0006| "A. Each justice of the supreme court, judge of the
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0007| court of appeals, district judge or metropolitan court judge
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0008| 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 rejection
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in like manner at the general election every eighth 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 the
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court of appeals, district judge or metropolitan court judge
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holding office on January 1 next following the date of the
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election at which this amendment is adopted shall be deemed to
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have fulfilled the requirements of Subsection A of this section
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and the justice or judge shall be eligible for retention or
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rejection by the electorate at the general election next
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preceding the end of the term of which the justice or judge was
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last elected prior to the adoption of this amendment] be
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0008| appointed by the governor with the advice and consent of the
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0009| senate. The term of each appointment is ten years plus any
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0010| additional time necessary to ensure that the term expires on
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0011| December 31, and a justice or judge cannot serve more than one
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0012| term, except as otherwise provided in this section. A person
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0013| may be appointed to serve in a judgeship superior or inferior
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0014| to the one to which he was previously appointed and the term of
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0015| the new appointment is ten years plus any additional time
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0016| necessary to ensure that the term expires on December 31. If a
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0017| vacancy in a judgeship occurs, a qualified person, who may be a
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0018| judge holding a superior or inferior judgeship, shall be
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0019| appointed by the governor and confirmed by the senate to fill
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0020| the vacancy. The person appointed to fill the vacancy shall
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0021| serve one ten-year term plus any additional time necessary to
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0022| ensure that the term expires on December 31.
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0023| B. Every justice of the supreme court, judge of the
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0024| court of appeals, district judge or metropolitan court judge
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0025| holding or taking office on January 1, 1999 shall serve out the
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0001| term for which elected or retained and, thereafter, shall be
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0002| eligible for appointment for one full ten-year term plus any
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0003| additional time necessary to ensure that the term expires on
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0004| December 31. When a vacancy occurs in a term extant on January
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0005| 1, 1999, the term shall be considered expired, and the governor
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0006| shall appoint a qualified person to fill a full ten-year
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0007| term."
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0008| Section 7. It is proposed to amend Article 6 of the
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0009| constitution of New Mexico by repealing Sections 34, 35, 36 and
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0010| 37.
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0011| Section 8. The amendment proposed by this resolution
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0012| shall be submitted to the people for their approval or
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0013| rejection at the next general election or at any special
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0014| election prior to that date which may be called for that
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0015| purpose.
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0016| - 6 - State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 6, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your VOTERS AND ELECTIONS COMMITTEE, to whom has
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0004| been referred
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0005|
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0006| HOUSE JOINT RESOLUTION 12
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, and thence referred to the
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0010| JUDICIARY COMMITTEE.
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0011|
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0012| Respectfully submitted,
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| Edward C. Sandoval, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 6 For 4 Against
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0003| Yes: 6
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0004| No: Coll, Garcia, Sandoval, J.P. Taylor
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0005| Excused: Lujan, Sanchez
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0006| Absent: None
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0008|
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0009| G:\BILLTEXT\BILLW_97\HJR12
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