0001| SENATE JOINT RESOLUTION 8
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| TOM R. BENAVIDES
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| A JOINT RESOLUTION
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0012| PROPOSING AN AMENDMENT TO ARTICLES 6 AND 20 OF THE CONSTITUTION
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0013| OF NEW MEXICO; REFORMING THE JUDICIAL ELECTIVE PROCESS;
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0014| PROVIDING FOR THE CITIZEN VOICE IN ELECTING ITS JUDICIAL OFFICE
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0015| HOLDERS.
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0016|
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0017| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. It is proposed to amend Article 6, Section 4 of
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0019| the constitution of New Mexico to read:
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0020| "The supreme court of the state shall consist of [at
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least] five justices [who shall be chosen as provided in this
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constitution. One of the justices shall be selected as chief
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justice as provided by law] who shall be elected at the
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0024| general election for terms of eight years.
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0025| Until otherwise provided by law, the justice who has the
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0001| shortest term to serve shall be the chief justice and shall
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0002| preside at all sessions of the court. In his absence the
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0003| justice who has the next shortest term to serve shall preside.
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0004| However, no justice appointed to fill a vacancy who has not had
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0005| the opportunity to stand for election shall be chief justice."
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0006| Section 2. It is proposed to amend Article 6, Section 8 of
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0007| the constitution of New Mexico to read:
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0008| "No person shall be qualified to hold the office of justice
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0009| of the supreme court unless that person is at least thirty-five
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0010| years old, [and] is learned in the law, has been in the
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0011| actual practice of law for at least ten years preceding that
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0012| person's assumption of office and has resided in this state for
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0013| at least three years immediately preceding that person's
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0014| assumption of office. The actual practice of law shall include
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0015| a lawyer's service upon the bench of any court or
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0016| administrative tribunal of this state. The increased
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0017| qualifications provided by this 1988 amendment shall not apply
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0018| to justices and judges serving at the time this amendment passes
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0019| or elected at the general election in 1988."
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0020| Section 3. It is proposed to amend Article 6, Section 12
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0021| of the constitution of New Mexico to read:
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0022| "The state shall be divided into judicial districts as may
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0023| be provided by law. One or more judges shall be [chosen]
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0024| elected for each district [as provided in this constitution]
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0025| at the general election. The terms of office of the district
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0001| judges shall be six years."
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0002| Section 4. It is proposed to amend Article 6, Section 14
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0003| of the constitution of New Mexico to read:
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0004| "The qualifications of the district judges shall be the
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0005| same as those of justices of the supreme court except that
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0006| district judges shall have been in the actual practice of law
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0007| for at least six years preceding assumption of office. Each
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0008| district judge shall reside in the district for which [the
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judge] he was elected [or appointed]. The increased
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0010| qualifications provided by this 1988 amendment shall not apply
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0011| to district judges serving at the time this amendment passes or
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0012| elected at the general election in 1988."
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0013| Section 5. It is proposed to amend Article 6, Section 16
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0014| of the constitution of New Mexico to read:
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0015| "The legislature may increase the number of district judges
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0016| in any judicial district, and they shall be elected [or
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appointed] as other district judges [for that district]. At
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0018| [any] its first session after the publication of the census
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0019| of the United States in the year nineteen hundred and twenty,
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0020| and at the first session after each United States census
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0021| thereafter, the legislature may rearrange the districts of the
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0022| state, increase the number thereof, and make provision for a
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0023| district judge for any additional district."
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0024| Section 6. It is proposed to amend Article 6, Section 19
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0025| of the constitution of New Mexico to read:
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0001| "No justice of the supreme court, judge of the court of
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0002| appeals, judge of the district court or judge of a metropolitan
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0003| court, while serving, shall be nominated [appointed] or
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0004| elected to any [other] office other than a judicial office
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0005| in this state [except a judicial office]."
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0006| Section 7. It is proposed to amend Article 6, Section 28
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0007| of the constitution of New Mexico to read:
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0008| "The court of appeals shall consist of not less than seven
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0009| judges [who shall be chosen as provided in this constitution],
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0010| whose qualifications shall be the same as those of justices of
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0011| the supreme court and whose compensation and election for terms
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0012| of eight years shall be as provided by law. The increased
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0013| qualifications provided by this 1988 amendment shall not apply
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0014| to court of appeals judges serving at the time this amendment
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0015| passes or elected at the general election in 1988.
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0016| Three judges of the court of appeals shall constitute a
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0017| quorum for the transaction of business, and a majority of those
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0018| participating must concur in any judgment of the court.
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0019| When necessary, the chief justice of the supreme court may
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0020| designate any justice of the supreme court, or any district
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0021| judge of the state, to act as a judge of the court of appeals,
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0022| and the chief justice may designate any judge of the court of
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0023| appeals to hold court in any district, or to act as a justice of
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0024| the supreme court."
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0025| Section 8. It is proposed to amend Article 6 of the
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0001| constitution of New Mexico by repealing Sections 33 through 38.
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0002| Section 9. It is proposed to amend Article 20, Section 4
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0003| of the constitution of New Mexico to read:
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0004| "If a vacancy occurs in the office of district attorney or
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0005| county commissioner, judge of the metropolitan court, district
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0006| court or court of appeals or justice of the supreme court, the
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0007| governor shall fill such vacancy by appointment, and such
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0008| appointee shall hold such office until the next general
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0009| election. His successor shall be chosen at such election and
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0010| shall hold [his office until the expiration of the original
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term] office for a full term."
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0012| Section 10. The amendment proposed by this resolution
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0013| shall be submitted to the people for their approval or rejection
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0014| at the next general election or at any special election prior to
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0015| that date which may be called for that purpose.
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0016|
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| February 10, 1996
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0023|
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0024| Mr. President:
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0025|
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0001| Your RULES COMMITTEE, to whom has been referred
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0002|
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0003| SENATE JOINT RESOLUTION 8
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, thence referred to the
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0007| JUDICIARY COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| Gloria Howes, Chairman
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0015|
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0016|
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0017|
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0018| Adopted_______________________ Not Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 7 For 0 Against
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0002| Yes: 7
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0003| No: 0
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0004| Excused: EJennings, Wray
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0005| Absent: 0
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0006|
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0007|
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0008| SJR08U1
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0009|
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