44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING TO AMEND ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO TO ABOLISH STATEWIDE ELECTIONS TO RETAIN OR REJECT NEW MEXICO SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS, TO PROVIDE FOR ELECTION OF THE JUSTICES AND JUDGES FROM FIVE SUPREME COURT DISTRICTS AND TEN APPELLATE JUDICIAL DISTRICTS, TO CHANGE THE TERM OF SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND TO ABOLISH THE APPELLATE JUDGES NOMINATING COMMISSION.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 6, Section 12 of the constitution of New Mexico to read:

"A. The state shall be divided into judicial districts as may be provided by law. One or more district judges shall be chosen for each district as provided in this constitution.

B. The state shall be divided into five supreme court districts as may be provided by law. One justice of the supreme court shall be chosen from each district as provided by this constitution. A justice shall reside in the district from which he is elected.

C. The state shall be divided into ten judicial appellate districts as may be provided by law. One judge of the court of appeals shall be chosen from each district as provided by this constitution. A judge shall reside in the district from which he is elected."

Section 2. It is proposed to amend Article 6, Section 33 of the constitution of New Mexico to read:

"A. Each justice of the supreme court, judge of the court of appeals, district judge or metropolitan court judge shall have been elected to that position in a partisan election prior to being eligible for a nonpartisan retention election. Thereafter, each [such] elected justice or judge shall be subject to retention or rejection on a nonpartisan ballot. Retention of the judicial office shall require at least fifty-seven percent of the vote cast on the question of retention or rejection. Each justice or judge shall be elected and retained by voters of his respective judicial or appellate judicial district.

B. Each justice of the supreme court or judge of the court of appeals shall be subject to retention or rejection in like manner at the general election every [eighth] fourth year.

C. Each district judge shall be subject to retention or rejection in like manner at the general election every sixth year.

D. Each metropolitan court judge shall be subject to retention or rejection in like manner at the general election every fourth year.

E. Every justice of the supreme court, judge of the court of appeals, district judge or metropolitan court judge holding office on January 1 next following the date of the election at which this amendment is adopted shall be deemed to have fulfilled the requirements of Subsection A of this section and the justice or judge shall be eligible for retention or rejection by the electorate at the general election next preceding the end of the term of which the justice or judge was last elected prior to the adoption of this amendment.

F. The legislature shall randomly assign each justice of the supreme court and judge of the court of appeals seated prior to this amendment to a supreme court district or an appellate judicial district, respectively, as created by law in accordance with this constitution. At the end of a justice's or judge's term, the voters of the district to which he was assigned shall vote to retain or reject the justice or judge assigned to the district."

Section 3. It is proposed to amend Article 6, Section 35 of the constitution of New Mexico to read:

"[There is created the "appellate judges nominating commission", consisting of: the chief justice of the supreme court or the chief justice's designee from the supreme court; two judges of the court of appeals appointed by the chief judge of the court of appeals; the governor, the speaker of the house of representatives and the president pro tempore of the senate shall each appoint two persons, one of whom shall be an attorney licensed to practice law in this state and the other who shall be a citizen who is not licensed to practice law in any state; the dean of the university of New Mexico school of law, who shall serve as chairman of the commission and shall vote only in the event of a tie vote; four members of the state bar of New Mexico, representing civil and criminal prosecution and defense, appointed by the president of the state bar and the judges on this committee. The appointments shall be made in such manner that each of the two largest major political parties, as defined by the Election Code, shall be equally represented on the commission. If necessary, the president of the state bar and the judges on this committee shall make the minimum number of additional appointments of members of the state bar as is necessary to make each of the two largest major political parties be equally represented on the commission. These additional members of the state bar shall be appointed such that the diverse interests of the state bar are represented. The dean of the university of New Mexico school of law shall be the final arbiter of whether such diverse interests are represented. Members of the commission shall be appointed for terms as may be provided by law. If a position on the commission becomes vacant for any reason, the successor shall be selected by the original appointing authority in the same manner as the original appointment was made and shall serve for the remainder of the term vacated.

The commission shall actively solicit, accept and evaluate applications from qualified lawyers for the position of justice of the supreme court or judge of the court of appeals and may require an applicant to submit any information it deems relevant to the consideration of his application.

Upon the occurrence of an actual vacancy in the office of justice of the supreme court or judge of the court of appeals, the commission shall meet within thirty days and within that period submit to the governor the names of persons qualified for the judicial office and recommended for appointment to that office by a majority of the commission.

Immediately after receiving the commission nominations, the governor may make one request of the commission for submission of additional names, and the commission shall promptly submit such additional names if a majority of the commission finds that additional persons would be qualified and recommends those persons for appointment to the judicial office.] The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of justice of the supreme court or judge of the court of appeals within thirty days after [receiving final nominations from the commission by appointing one of the persons nominated by the commission for appointment to that office. If the governor fails to make the appointment within that period or from those nominations, the appointment shall be made from those nominations by the chief justice or the acting chief justice of the supreme court. Any] the vacancy occurs. A person appointed shall serve until the next general election. That person's successor shall be chosen at [such] the election and shall hold the office until the expiration of the original term."

Section 4. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.