0001|                      SENATE JOINT RESOLUTION 2
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          JOHN ARTHUR SMITH
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0005|     
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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|                          A JOINT RESOLUTION
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0011|     PROPOSING TO AMEND ARTICLE 6, SECTIONS 12 AND 33 OF THE
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0012|     CONSTITUTION OF NEW MEXICO TO PROVIDE THAT DISTRICT JUDGES
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0013|     SHALL BE ELECTED BY THE QUALIFIED ELECTORS OF THEIR DISTRICT.
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0014|     
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0015|     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  It is proposed to amend Article 6, Section 12
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0017|     of the constitution of New Mexico to read:
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0018|          "The state shall be divided into judicial districts as may
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0019|     be provided by law.  One or more judges shall be chosen for
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0020|     each district <s>[as provided in this constitution]</s> <u>by the
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<u></u>0021| <u>    qualified electors thereof at the general election.  The terms
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<u></u>0022| <u>    of office of the district judges shall be six years.</u>"
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0023|          Section 2.  It is proposed to amend Article 6, Section 33
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0024|     of the constitution of New Mexico to read:
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0025|               "A.  Each justice of the supreme court, judge of the
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0001|     court of appeals <s>[district judge]</s> or metropolitan court judge
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0002|     shall have been elected to that position in a partisan election
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0003|     prior to being eligible for a nonpartisan retention election. 
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0004|     Thereafter, each such justice or judge shall be subject to
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0005|     retention or rejection on a nonpartisan ballot.  Retention of
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0006|     the judicial office shall require at least fifty-seven percent
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0007|     of the vote cast on the question of retention or rejection.
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0008|               B.  Each justice of the supreme court or judge of
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0009|     the court of appeals shall be subject to retention or rejection
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0010|     in like manner at the general election every eighth year.
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0011|               <s>[C.  Each district judge shall be subject to
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<s></s>0012| <s>    retention or rejection in like manner at the general election
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<s></s>0013| <s>    every sixth year.
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<s></s>0014| <s>              D.]</s> <u>C.</u>  Each metropolitan court judge shall be
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0015|     subject to retention or rejection in like manner at the general
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0016|     election every fourth year.
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0017|               <s>[E.]</s> <u>D.</u>  Every justice of the supreme court,
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0018|     judge of the court of appeals <s>[district judge]</s> or
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0019|     metropolitan court judge holding office on January 1 next
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0020|     following the date of the election at which this amendment is
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0021|     adopted shall be deemed to have fulfilled the requirements of
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0022|     Subsection A of this section and the justice or judge shall be
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0023|     eligible for retention or rejection by the electorate at the
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0024|     general election next preceding the end of the term of which
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0025|     the justice or judge was last elected prior to the adoption of
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0001|     this amendment."
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0002|          Section 3.  The amendment proposed by this resolution
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0003|     shall be submitted to the people for their approval or
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0004|     rejection at the next general election or at any special
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0005|     election prior to that date which may be called for that
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0006|     purpose.
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0007|                                  
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