0001| HOUSE JOINT RESOLUTION 16
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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| JERRY LEE ALWIN
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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 REFORM THE JUDICIAL ELECTIVE PROCESS.
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0013|
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0014| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. It is proposed to amend Article 6, Section 4
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0016| of the constitution of New Mexico to read:
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0017| "The supreme court of the state shall consist of at least
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0018| five justices who shall be [chosen as provided in this
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constitution] elected at the next general election for terms
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0020| of eight years. One of the justices shall be selected as
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0021| chief justice as provided by law."
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0022| Section 2. It is proposed to amend Article 6, Section 12
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0023| of the constitution of New Mexico to read:
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0024| "The state shall be divided into judicial districts as may
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0025| be provided by law. One or more judges shall be [chosen]
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0001| elected for each district [as provided in this
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constitution] at the next general election. The terms of
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0003| office of the district judges shall be six years and the terms
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0004| shall be staggered as provided by law."
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0005| Section 3. It is proposed to amend Article 6, Section 14
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0006| of the constitution of New Mexico to read:
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0007| "The qualifications of the district judges shall be the
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0008| same as those of justices of the supreme court except that
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0009| district judges shall have been in the actual practice of law
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0010| for at least six years preceding assumption of office. Each
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0011| district judge shall reside in the district for which the judge
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0012| was elected [or appointed]. The increased qualifications
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0013| provided by this 1988 amendment shall not apply to district
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0014| judges serving at the time this amendment passes or elected at
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0015| the general election in 1988."
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0016| Section 4. It is proposed to amend Article 6, Section 16
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0017| of the constitution of New Mexico to read:
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0018| "The legislature may increase the number of district
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0019| judges in any judicial district, and they shall be elected [or
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appointed] as other district judges [for that district]. At
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0021| any session after the publication of the census of the United
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0022| States in the year nineteen hundred and twenty, the legislature
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0023| may rearrange the districts of the state, increase the number
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0024| thereof, and make provision for a district judge for any
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0025| additional district."
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0001| Section 5. It is proposed to amend Article 6, Section 19
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0002| of the constitution of New Mexico to read:
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0003| "No justice of the supreme court, judge of the court of
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0004| appeals, judge of the district court or judge of a metropolitan
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0005| court, while serving, shall be nominated [appointed] or
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0006| elected to any other office in this state except a judicial
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0007| office."
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0008| Section 6. It is proposed to amend Article 6, Section 28
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0009| of the constitution of New Mexico to read:
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0010| "The court of appeals shall consist of not less than seven
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0011| judges [who shall be chosen as provided in this
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constitution], whose qualifications shall be the same as those
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0013| of justices of the supreme court and whose compensation and
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0014| election for terms of eight years shall be as provided by law.
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0015| The increased qualifications provided by this 1988 amendment
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0016| shall not apply to court of appeals judges serving at the time
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0017| this amendment passes or elected at the general election in
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0018| 1988.
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0019| Three judges of the court of appeals shall constitute a
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0020| quorum for the transaction of business, and a majority of those
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0021| participating must concur in any judgment of the court.
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0022| When necessary, the chief justice of the supreme court may
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0023| designate any justice of the supreme court, or any district
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0024| judge of the state, to act as a judge of the court of appeals,
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0025| and the chief justice may designate any judge of the court of
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0001| appeals to hold court in any district, or to act as a justice
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0002| of the supreme court."
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0003| Section 7. It is proposed to amend Article 6 of the
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0004| constitution of New Mexico by adding a new section to read:
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0005| "If a vacancy occurs in the office of a judge of the
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0006| district court or the court of appeals or a justice of the
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0007| supreme court, the governor shall fill the vacancy by
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0008| appointment and the appointee shall hold office until the next
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0009| general election. His successor shall be chosen at the next
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0010| general election and shall hold office for a full term."
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0011| Section 8. It is proposed to amend Article 6 of the
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0012| constitution of New Mexico by repealing Sections 33 through 38.
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0013| Section 9. The amendment proposed by this resolution
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0014| shall be submitted to the people for their approval or
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0015| rejection at the next general election or at any special
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0016| election prior to that date which may be called for that
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0017| purpose.
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0018|
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