SENATE JOINT RESOLUTION 1

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Peter Wirth

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO TO REMOVE THE REQUIREMENT THAT ALL APPEALS FROM COURTS INFERIOR TO THE DISTRICT COURT BE TAKEN TO DISTRICT COURT.

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

     SECTION 1. It is proposed to amend Article 6, Section 13 of the constitution of New Mexico to read:

     "The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law, and appellate jurisdiction of [all] cases originating in inferior courts and tribunals in their respective districts [and] as provided by law. The district court shall have supervisory control over [the same] inferior courts and tribunals in their respective districts. The district courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and all other writs, remedial or otherwise in the exercise of their jurisdiction; provided, that no such writs shall issue directed to judges or courts of equal or superior jurisdiction. The district courts shall also have the power of naturalization in accordance with the laws of the United States. Until otherwise provided by law, at least two terms of the district court shall be held annually in each county, at the county seat."

     SECTION 2. It is proposed to amend Article 6, Section 27 of the constitution of New Mexico to read:

     "Appeals shall be allowed in all cases from the final judgments and decisions of the probate courts and other [inferior] courts inferior to the district courts as provided by law, and in all such appeals, trial shall be had de novo unless otherwise provided by law."

     SECTION 3. 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 that may be called for that purpose.

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