45th legislature - STATE OF NEW MEXICO - first session, 2001

PROPOSING AN AMENDMENT TO ARTICLES 6 AND 20 OF THE CONSTITUTION OF NEW MEXICO TO ELIMINATE THE SELECTION AND RETENTION OF JUSTICES AND JUDGES AND PROVIDE FOR THEIR ELECTION.

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

Section 1. It is proposed to amend Article 6, Section 4 of the constitution of New Mexico to read:

"The supreme court of the state shall consist of at least five justices who shall be [chosen as provided in this constitution] elected at the general election for representatives in congress for a term of eight years. One of the justices shall be selected as chief justice as provided by law."

Section 2. It is proposed to amend Article 6, Section 12 of the constitution of New Mexico to read:

"The state shall be divided into judicial districts as may be provided by law. One or more judges shall be chosen for each district [as provided in this constitution] by the qualified electors of the district at the election for representatives in congress. The terms of office of the district judges shall be six years."

Section 3. It is proposed to amend Article 6, Section 26 of the constitution of New Mexico to read:

"The legislature shall establish [a] magistrate [court] courts, including metropolitan courts, to exercise limited original jurisdiction as may be provided by law. Except as provided by this section, the magistrate court shall be composed of such districts and elective magistrates as may be provided by law. Magistrates and metropolitan court judges shall be qualified electors of, and reside in, their respective districts, and the legislature shall prescribe other qualifications. Magistrates and metropolitan court judges shall be elected at general elections for terms of four years. Magistrates and metropolitan court judges shall receive compensation as may be provided by law [which compensation shall not be diminished during their term of office. Metropolitan court judges shall be chosen as provided in this constitution]."

Section 4. It is proposed to amend Article 6, Section 28 of the constitution of New Mexico to read:

"The court of appeals shall consist of not less than [seven] ten judges [who shall be chosen as provided in this constitution], whose qualifications shall be the same as those of justices of the supreme court and whose compensation and election for terms of eight years shall be as provided by law. The increased qualifications provided by [this] the 1988 amendment shall not apply to court of appeals judges serving at the time [this] that amendment [passes] passed or elected at the general election in 1988.

Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur in any judgment of the court.

When necessary, the chief justice of the supreme court may designate any justice of the supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the chief justice may designate any judge of the court of appeals to hold court in any district, or to act as a justice of the supreme court."

Section 5. It is proposed to amend Article 6 of the constitution of New Mexico by repealing Sections 33 through 37.

Section 6. It is proposed to amend Article 20, Section 4 of the constitution of New Mexico to read:

"If a vacancy occurs in the office of justice of the supreme court, judge of the court of appeals, judge of the district court, magistrate, metropolitan court judge, district attorney or county commissioner, the governor shall fill such vacancy by appointment, and such appointee shall hold such office until the next general election. His successor shall be chosen at such election and shall hold his office until the expiration of the original term."

Section 7. 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.