SENATE JOINT RESOLUTION 10

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Jacob R. Candelaria

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 6, SECTION 33 OF THE CONSTITUTION OF NEW MEXICO TO PROVIDE THAT JUDICIAL ELECTIONS BE NONPARTISAN.

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

     SECTION 1. 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] nonpartisan election process as provided by law prior to being eligible for a nonpartisan retention election. Thereafter, each such 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.

          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 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 who was elected to office in a partisan election and is 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."

     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.