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HOUSE JOINT RESOLUTION 5

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Joseph Cervantes

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 6, SECTION 35 OF THE

CONSTITUTION OF NEW MEXICO TO ALLOW A PRIMARY ELECTION AND A

GENERAL ELECTION TO BE HELD FOR CERTAIN JUDICIAL OFFICES FILLED

BY APPOINTMENT BY REQUIRING AN APPOINTED JUDGE TO SERVE AT

LEAST ONE FULL YEAR ON THE BENCH BEFORE AN ELECTION IS HELD TO

FILL THAT OFFICE.

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

Section 1. It is proposed to amend Article 6, Section 35

of the constitution of New Mexico to read:

"There is created the "appellate judges nominating

commission", consisting of: the chief justice of the supreme

court or the chief justice's designee from the supreme court;

two judges of the court of appeals appointed by the chief judge

of the court of appeals; the governor, the speaker of the house

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of representatives and the president pro tempore of the senate,

who

shall each appoint two persons, one of whom shall be an

attorney licensed to practice law in this state and the other

who shall be a citizen who is not licensed to practice law in

any state; the dean of the university of New Mexico school of

law, who shall serve as chairman of the commission and shall

vote only in the event of a tie vote; four members of the state

bar of New Mexico, representing civil and criminal prosecution

and defense, appointed by the president of the state bar and

the judges on this committee. The appointments shall be made

in such manner that each of the two largest major political

parties, as defined by the Election Code, shall be equally

represented on the commission. If necessary, the president of

the state bar and the judges on this committee shall make the

minimum number of additional appointments of members of the

state bar as is necessary to make each of the two largest major

political parties be equally represented on the commission.

These additional members of the state bar shall be appointed

such that the diverse interests of the state bar are

represented. The dean of the university of New Mexico school

of law shall be the final arbiter of whether such diverse

interests are represented. Members of the commission shall be

appointed for terms as may be provided by law. If a position

on the commission becomes vacant for any reason, the successor

shall be selected by the original appointing authority in the

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same manner as the original appointment was made and shall

serve for the remainder of the term vacated.

The commission shall actively solicit, accept and evaluate

applications from qualified lawyers for the position of justice

of the supreme court or judge of the court of appeals and may

require an applicant to submit any information it deems

relevant to the consideration of his application.

Upon the occurrence of an actual vacancy in the office of

justice of the supreme court or judge of the court of appeals,

the commission shall meet within thirty days and within that

period submit to the governor the names of persons qualified

for the judicial office and recommended for appointment to that

office by a majority of the commission.

Immediately after receiving the commission nominations,

the governor may make one request of the commission for

submission of additional names, and the commission shall

promptly submit such additional names if a majority of the

commission finds that additional persons would be qualified and

recommends those persons for appointment to the judicial

office. The governor shall fill a vacancy or appoint a

successor to fill an impending vacancy in the office of justice

of the supreme court or judge of the court of appeals within

thirty days after receiving final nominations from the

commission by appointing one of the persons nominated by the

commission for appointment to that office. If the governor

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fails to make the appointment within that period or from those

nominations, the appointment shall be made from those

nominations by the chief justice or the acting chief justice of

the supreme court. Any person appointed shall serve until the

next general election following one full year of service in the

judicial office

. That person's successor shall be chosen at

such election and shall hold the office until the expiration of

the [original

] term in effect on January 1 following the

election

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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