SB 239
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AN ACT
RELATING TO THE SUPREME COURT; PROVIDING THAT THE CHIEF
JUSTICE OF THE SUPREME COURT BE ELECTED IN APRIL OF EACH
EVEN-NUMBERED YEAR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-2-1 NMSA 1978 (being Laws 1929,
Chapter 9, Section 1, as amended) is amended to read:
"34-2-1. SUPREME COURT JUSTICES--NUMBER--ELECTION BY
POSITION--ELECTION OF CHIEF JUSTICE.--
A. There shall be five justices of the supreme
court.
B. In any election where more than one justice is
to be nominated or elected for a term of the same length, the
officer issuing the election proclamation shall designate as
many positions, numbered consecutively, as there are places
to be filled for terms of the same length. Each of these
places shall be identified by the position number in all
nominations and elections.
C. At their first meeting in April of each
even-numbered year, the justices of the supreme court shall,
by a majority vote, designate one of their number, not
appointed, to serve as chief justice. In the absence of the
chief justice, the senior justice present at the seat of
government shall exercise the powers of chief justice.
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SB 239
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Seniority shall be determined by the length of present
continuous service on the supreme court. In the event of a
vacancy in the office of chief justice, the justices shall,
by majority vote, designate one of their eligible number to
serve for the remainder of the term."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2009.