SENATE JOINT RESOLUTION 4

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Lisa A. Torraco

A JOINT RESOLUTION

PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO TO REMOVE DISTRICT COURT APPELLATE JURISDICTION OVER ON THE RECORD DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS CASES, AND ON THE RECORD DOMESTIC VIOLENCE CASES, FROM METROPOLITAN 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 supervisory control over the same, except that the district court shall not have appellate jurisdiction of on the record driving while under the influence of intoxicating liquor or drugs cases or domestic violence cases from metropolitan court. 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. 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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