44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO JUDICIAL NOMINATING PROCEDURE; SETTING TERMS FOR CERTAIN MEMBERS OF JUDICIAL NOMINATING COMMISSIONS OR COMMITTEES; DECLARING AN EMERGENCY.

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

Section 1. SHORT TITLE.--This act may be cited as the "Judicial Nominating Commissioner's Term Act".

Section 2. DEFINITIONS.--As used in the Judicial Nominating Commissioner's Term Act:

A. "appointed member" means a person appointed to the commission or a committee by an appointing authority;

B. "appointing authority" means the governor, the speaker of the house of representatives, the president pro tempore of the senate or the president of the state bar and the judges on the commission or committee who are required by the constitution of New Mexico to appoint members to the commission or a committee;

C. "commission" means the appellate judges nominating commission;

D. "committee" means the district court judges nominating committee or the metropolitan court judges nominating committee; and

E. "judge" means a justice of the supreme court, a judge of the court of appeals or a district court or a metropolitan court judge.

Section 3. APPELLATE JUDGES NOMINATING COMMISSION-- MEMBERS--TERM LENGTH AND LIMITATIONS--APPOINTMENT.--

A. Terms of the appointed members of the commission shall be:

(1) for a period of six years from the date of appointment; and

(2) staggered.

B. An appointed member of the commission shall be appointed to serve for one term only or a total of six years.

C. An appointed member of the commission who is judge shall serve no more than two six-year terms or until he vacates his judicial position, whichever is shorter.

D. Following the effective date of the Judicial Nominating Commissioner's Term Act, terms of appointed members shall be staggered by lot drawn by the appointing authorities prior to making the initial appointments so that the terms of no more than four appointed members end in the same year.

E. No person who has served six years or more on the commission prior to the effective date of the Judicial Nominating Commissioner's Term Act may be appointed to a term on the commission following the effective date of that act. A person who has served fewer than six years on the commission may be appointed to serve a four- or two-year term or to complete a vacated position, but in no case may serve more than six years total.

F. Upon appointment of a member to the commission, the appointing authority shall submit to the chairman of the commission the name of the person appointed.

Section 4. DISTRICT COURT JUDGES COMMITTEE AND METROPOLITAN COURT JUDGES COMMITTEE--MEMBERS--TERM LENGTH AND LIMITATIONS--APPOINTMENT.--

A. Terms of the appointed members of a committee shall be:

(1) for a period of six years from the date of appointment; and

(2) staggered.

B. An appointed member of a committee shall be appointed to serve for only one term or a total of six years.

C. Appointed judicial members of a committee shall serve no more than two six-year terms or until the judge vacates his judicial position, whichever is shorter.

D. Following the effective date of the Judicial Nominating Commissioner's Term Act, terms of appointed members shall be staggered by lot drawn by the appointing authorities prior to making the initial appointments so that the terms of no more than four appointed members end in the same year.

E. No person who has served six years or more on a committee prior to the effective date of the Judicial Nominating Commissioner's Term Act may be appointed to a term on the committee following the effective date of that act. A person who has served fewer than six years on either the district court judges nominating committee or the metropolitan court judges nominating committee may be appointed to serve a four- or two-year term or to complete a vacated position, but in no case may serve more than six years total.

F. Upon appointment of a member to a committee, the appointing authority shall submit to the chairman of the committee the name of the person appointed.

Section 5. COMMISSION AND COMMITTEES--GENERAL PROVISIONS--ATTENDANCE--REMOVAL.--

A. The chairman of the commission or a committee may recommend to the members of that commission removal of a member who fails to attend a substantial number of meetings of the commission.

B. A person who holds a federal or state elected office or is employed by a governmental entity shall not be appointed to the commission or a committee.

C. No member of the commission or a committee is eligible for consideration as a nominee for a position as judge for six years after leaving the commission or a committee.

D. Every effort shall be made by the appointing authorities to ensure that commission and committee appointments substantially reflect the gender and cultural diversity of the jurisdiction from which the appointment is being made.

E. An appointee to the commission or a committee shall be required to attend training provided by the New Mexico judicial education center or other agency as determined by the chief justice of the supreme court to familiarize the new members of the commission or committee with the duties, responsibilities, rules and procedures of the commission or committee of which the appointee is a member.

F. Members of the commission or a committee not employed by a state agency shall be reimbursed pursuant to the provisions of the Per Diem and Mileage Act by the administrative office of the courts pursuant to a voucher submitted by the chairman of the commission or committee on which the member serves.

G. Upon appointment of a member to the commission or a committee, the chairman of the commission or committee shall have published in a newspaper of general circulation in the state and in a publication of general circulation among state bar members the name and term of the new appointment. The state bar shall publish the names and terms of members of the commission and the committees annually.

Section 6. COMMISSION AND COMMITTEES--DECLARATION OF CANDIDACY FOR MEMBERSHIP POSITIONS--QUALIFICATIONS.--

A. A person who wishes to be considered for a membership position on the commission or a committee may submit his resume and a cover letter describing the qualifications for service on the commission or committee to one or more appointing authorities for consideration for the next available position on the commission or committee for which the person wishes to be considered.

B. To be considered as a candidate for a membership position on the commission or a committee, a person shall be a registered voter in the district in which the appointment would be made, shall have no felony convictions and shall have been a resident of the state for the three consecutive years immediately prior to consideration.

C. To be considered as a candidate for an attorney commission or committee position, a person shall be licensed to practice law in the state.

Section 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.