0001| HOUSE JOINT RESOLUTION 16
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| STEVEN E. PEARCE
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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 OF THE CONSTITUTION OF NEW MEXICO
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0012| TO ABOLISH STATEWIDE ELECTIONS TO RETAIN OR REJECT NEW MEXICO
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0013| SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND
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0014| TO PROVIDE FOR ELECTION OF THE JUSTICES AND JUDGES FROM FIVE
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0015| APPELLATE DISTRICTS.
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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 12
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0019| of the constitution of New Mexico to read:
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0020| "A. The state shall be divided into judicial
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0021| districts as may be provided by law. One or more district
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0022| judges shall be chosen for each district as provided in this
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0023| constitution.
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0024| B. The state shall be divided into at least five
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0025| appellate judicial districts as may be provided by law. One
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0001| or more justices of the supreme court and two or more judges
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0002| of the court of appeals shall be chosen from each district as
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0003| provided by this constitution. A justice or judge shall
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0004| reside in the appellate judicial district from which he is
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0005| elected."
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0006| Section 2. It is proposed to amend Article 6, Section 33
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0007| of the constitution of New Mexico to read:
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0008| "A. Each justice of the supreme court, judge of
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0009| the court of appeals, district judge or metropolitan court
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0010| judge shall have been elected to that position in a partisan
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0011| election prior to being eligible for a nonpartisan retention
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0012| election. Thereafter, each [such] elected justice or judge
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0013| shall be subject to retention or rejection on a nonpartisan
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0014| ballot. Retention of the judicial office shall require at
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0015| least fifty-seven percent of the vote cast on the question of
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0016| retention or rejection. Each justice or judge shall be
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0017| elected and retained by voters of his respective judicial or
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0018| appellate judicial district.
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0019| B. Each justice of the supreme court or judge of
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0020| the court of appeals shall be subject to retention or
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0021| rejection in like manner at the general election every eighth
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0022| year.
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0023| C. Each district judge shall be subject to
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0024| retention or rejection in like manner at the general election
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0025| every sixth year.
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0001| D. Each metropolitan court judge shall be subject
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0002| to retention or rejection in like manner at the general
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0003| election every fourth year.
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0004| E. Every justice of the supreme court, judge of
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0005| the court of appeals, district judge or metropolitan court
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0006| judge holding office on January 1 next following the date of
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0007| the election at which this amendment is adopted shall be
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0008| deemed to have fulfilled the requirements of Subsection A of
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0009| this section and the justice or judge shall be eligible for
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0010| retention or rejection by the electorate at the general
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0011| election next preceding the end of the term of which the
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0012| justice or judge was last elected prior to the adoption of
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0013| this amendment.
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0014| F. The legislature shall randomly assign each
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0015| justice of the supreme court and judge of the court of appeals
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0016| seated prior to this amendment to an appellate judicial
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0017| district as created by law in accordance with this
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0018| constitution. At the end of a justice's or judge's term, the
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0019| voters of the district to which he was assigned shall vote to
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0020| retain or reject the justice or judge assigned to the
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0021| district."
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0022| Section 3. The amendment proposed by this resolution
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0023| shall be submitted to the people for their approval or
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0024| rejection at the next general election or at any special
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0025| election prior to that date which may be called for that
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0001| purpose.
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0002|
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