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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

2/20/2007

HB

SHORT TITLE Supreme Court Judicial Election Districts, CA

SJR 2

ANALYST Schuss

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

Senate Joint Resolution 2, if approved by the voters, would amend Article VI of the New Mexico

Constitution to add a new section dividing the state into five Supreme Court judicial election

districts as provided by law, and assigning each justice to a district. Justices would stand for

retention or rejection by vote of the electorate within their district. Vacancies would be filled by

persons residing within the district. Candidates would also run for election within the district in

which they reside.

FISCAL IMPLICATIONS

AOC notes that there could be a cost for establishing satellite offices. If justices are required to

travel to Santa Fe from satellite offices to conduct the business of the court, additional fiscal

resources would be needed to cover office space rent, travel and per diem expenses.

Senate Joint Resolution 2 – Page

2

SIGNIFICANT ISSUES

AOC has listed the following in their analysis:

Since the Supreme Court decides cases arising from lower courts throughout the entire

state, every citizen of the state currently votes for each of the five justices on the Supreme Court.

If this resolution is passed, every citizen could only vote for one of the five justices, once every

eight years (or more frequently if a justice leaves the bench).

This change might encourage Supreme Court Justices to have parochial interests which

contradict their statewide authority to make rulings. It is unclear whether the sitting justices

would be required to move to the new judicial district to which he or she is assigned. Moreover,

Article 6, section 7 of the New Mexico Constitution provides that the Supreme Court shall at all

times be in session at the seat of government, which is in Santa Fe. Therefore, it is unclear

whether satellite offices would be set up in the respective districts and then all five justices

would be required to travel to Santa Fe to conduct the business of the Court.

AGO notes that Supreme Court Justices currently stand for retention or rejection, or run for

election, in statewide elections. They are currently elected by position. This bill would provide

for their retention, rejection, or election by geographical district. Several other states provide for

election by geographical district. (e.g. Kentucky, Nebraska, Louisiana)

ADMINISTRATIVE IMPLICATIONS

AOC states that the administrative impact will depend on whether satellite offices are created for

each judicial district that is created. More administrative time will be spent coordinating the

business of the court if the five justices are spread throughout the state in various satellite offices.

BS/csd