NEW MEXICO CONSTITUTION
ARTICLE VI
JUDICIARY
Art. VI §1 | JUDICIAL POWER VESTED
Art. VI §2 | SUPREME COURT; APPELLATE JURISDICTION
Art. VI §3 | SUPREME COURT; ORIGINAL JURISDICTION; SUPERVISORY CONTROL; EXTRAORDINARY WRITS
Art. VI §4 | SUPREME COURT; SELECTION OF CHIEF JUSTICE
Art. VI §5 | SUPREME COURT; QUORUM; MAJORITY CONCURRING IN JUDGMENTS
Art. VI §6 | SUPREME COURT; ABSENT OR DISQUALIFIED JUSTICE
Art. VI §7 | SUPREME COURT; TERMS, SESSIONS AND RECESSES
Art. VI §8 | SUPREME COURT; QUALIFICATIONS OF JUSTICES
Art. VI §9 | SUPREME COURT; OFFICERS
Art. VI §10 | SUPREME COURT; ADDITIONAL JUSTICES
Art. VI §11 | SUPREME COURT; SALARY OF JUSTICES
Art. VI §12 | JUDICIAL DISTRICTS; DISTRICT JUDGES
Art. VI §13 | DISTRICT COURT; JURISDICTION AND TERMS
Art. VI §14 | DISTRICT COURT; QUALIFICATIONS AND RESIDENCE REQUIREMENT OF JUDGES
Art. VI §15 | DISTRICT COURT; JUDGES PRO TEMPORE
B. Whenever the public business may require, the chief justice of the supreme court shall designate any district judge of the state, or any justice of the supreme court when no district judge may be available within a reasonable time, to hold court in any district, and two or more judges may sit in any district or county separately at the same time.
C. If any district judge is disqualified from hearing any cause or is unable to expeditiously dispose of any cause in the district, the chief justice of the supreme court may designate any retired New Mexico district judge, court of appeals judge or supreme court justice, with said designees' consent, to hear and determine the cause and to act as district judge pro tempore for such cause.
D. If any judge shall be disqualified from hearing any cause in the district, the parties to such cause, or their attorneys of record, may select some member of the bar to hear and determine said cause, and act as judge pro tempore therein.
Art. VI §16 | DISTRICT COURT; ADDITIONAL JUDGES; REDISTRICTING
Art. VI §17 | DISTRICT COURT; JUDGES' COMPENSATION
Art. VI §18 | DISQUALIFICATION OF JUDGES OR MAGISTRATES
Art. VI §19 | INELIGIBILITY OF JUSTICES OR JUDGES FOR NONJUDICIAL OFFICES
Art. VI §20 | STYLE OF WRITS AND PROCESSES
Art. VI §21 | JUDGES AS CONSERVATORS OF THE PEACE; PRELIMINARY EXAMINATIONS IN CRIMINAL CASES
Art. VI §22 | COUNTY CLERK AS DISTRICT AND PROBATE COURT CLERK
Art. VI §23 | PROBATE COURT
Art. VI §24 | DISTRICT ATTORNEYS
The legislature shall have the power to provide for the election of additional district attorneys in any judicial district and to designate the counties therein for which the district attorneys shall serve; but no district attorney shall be elected for any district of which he is not a resident.
Art. VI §26 | MAGISTRATE COURT
Art. VI §27 | APPEALS FROM PROBATE COURTS AND OTHER INFERIOR COURTS
Art. VI §28 | COURT OF APPEALS; NUMBER, QUALIFICATIONS, COMPENSATION; QUORUM; MAJORITY CONCURRING IN JUDGMENT; POWER OF CHIEF JUSTICE TO SELECT ACTING JUSTICES
Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur in any judgment of the court.
When necessary, the chief justice of the supreme court may designate any justice of the supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the chief justice may designate any judge of the court of appeals to hold court in any district, or to act as a justice of the supreme court.
Art. VI §29 | COURT OF APPEALS; JURISDICTION; ISSUANCE OF WRITS
Art. VI §30 | FEES COLLECTED BY JUDICIARY PAID TO STATE TREASURY
Art. VI §31 | JUSTICES OF THE PEACE ABOLISHED
Art. VI §32 | JUDICIAL STANDARDS COMMISSION
In accordance with this section, any justice, judge or magistrate of any court may be disciplined or removed for willful misconduct in office, persistent failure or inability to perform a judge's duties, or habitual intemperance, or may be retired for disability seriously interfering with the performance of the justice's, judge's or magistrate's duties that is, or is likely to become, of a permanent character. The commission may, after investigation it deems necessary, order a hearing to be held before it concerning the discipline, removal or retirement of a justice, judge or magistrate, or the commission may appoint three masters who are justices or judges of courts of record to hear and take evidence in the matter and to report their findings to the commission. After hearing or after considering the record and the findings and report of the masters, if the commission finds good cause, it shall recommend to the supreme court the discipline, removal or retirement of the justice, judge or magistrate.
The supreme court shall review the record of the proceedings on the law and facts and may permit the introduction of additional evidence, and it shall order the discipline, removal or retirement as it finds just and proper or wholly reject the recommendation. Upon an order for retirement, any justice, judge or magistrate participating in a statutory retirement program shall be retired with the same rights as if the justice, judge or magistrate had retired pursuant to the retirement program. Upon an order for removal, the justice, judge or magistrate shall thereby be removed from office, and the justice's, judge's or magistrate's salary shall cease from the date of the order.
All papers filed with the commission or its masters, and proceedings before the commission or its masters, are confidential. The filing of papers and giving of testimony before the commission or its masters is privileged in any action for defamation, except that the record filed by the commission in the supreme court continues privileged but, upon its filing, loses its confidential character, and a writing that was privileged prior to its filing with the commission or its masters does not lose its privilege by the filing. The commission shall promulgate regulations establishing procedures for hearings under this section. No justice, judge or magistrate who is a member of the commission or supreme court shall participate in any proceeding involving the justice's, judge's or magistrate's own discipline, removal or retirement.
This section is alternative to, and cumulative with, the removal of justices, judges and magistrates by impeachment and the original superintending control of the supreme court.
Art. VI §33 | RETENTION OR REJECTION AT GENERAL ELECTION
B. Each justice of the supreme court or judge of the court of appeals shall be subject to retention or rejection in like manner at the general election every eighth year.
C. Each district judge shall be subject to retention or rejection in like manner at the general election every sixth year.
D. Each metropolitan court judge shall be subject to retention or rejection in like manner at the general election every fourth year.
E. Every justice of the supreme court, judge of the court of appeals, district judge or metropolitan court judge holding office on January 1 next following the date of the election at which this amendment is adopted shall be deemed to have fulfilled the requirements of Subsection A of this section and the justice or judge shall be eligible for retention or rejection by the electorate at the general election next preceding the end of the term of which the justice or judge was last elected prior to the adoption of this amendment.
Art. VI §34 | VACANCIES IN OFFICE; DATE FOR FILING DECLARATION OF CANDIDACY
Art. VI §35 | APPELLATE JUDGES NOMINATING COMMISSION
two judges of the court of appeals appointed by the chief judge of the court of appeals;
the governor,
the speaker of the house of representatives and
the president pro tempore of the senate
the other who shall be a citizen who is not licensed to practice law in any state;
a faculty member,
a retired faculty member or
a former dean of the university of New Mexico school of law;
The commission shall actively solicit, accept and evaluate applications from qualified lawyers for the position of justice of the supreme court or judge of the court of appeals and may require an applicant to submit any information it deems relevant to the consideration of the application.
Upon the occurrence of an actual vacancy in the office of justice of the supreme court or judge of the court of appeals, the commission shall meet within thirty days and within that period submit to the governor the names of persons qualified for the judicial office and recommended for appointment to that office by a majority of the commission.
Immediately after receiving the commission nominations, the governor may make one request of the commission for submission of additional names, and the commission shall promptly submit such additional names if a majority of the commission finds that additional persons would be qualified and recommends those persons for appointment to the judicial office. The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of justice of the supreme court or judge of the court of appeals within thirty days after receiving final nominations from the commission by appointing one of the persons nominated by the commission for appointment to that office. If the governor fails to make the appointment within that period or from those nominations, the appointment shall be made from those nominations by the chief justice or the acting chief justice of the supreme court. The person appointed shall serve until the first general election following one year after appointment. The appointee's successor shall be chosen at such election and shall hold the office until the expiration of the term in effect at the time of election.
Art. VI §36 | DISTRICT COURT JUDGES NOMINATING COMMITTEE
there shall be only one appointment from the court of appeals; and
the citizen members and state bar members shall be persons who reside in that judicial district.
Art. VI §37 | METROPOLITAN COURT JUDGES NOMINATING COMMITTEE
Art. VI §38 | CHIEF JUDGE OF DISTRICT AND METROPOLITAN COURT DISTRICTS
Art. VI §39 | CREATION OF PUBLIC DEFENDER DEPARTMENT AND PUBLIC DEFENDER COMMISSION
B. The "public defender commission" is established. The public defender com mission shall appoint the chief public defender. The public defender commission shall exercise independent oversight of the department and provide guidance to the chief public defender in the administration of the department and the representation of indigent persons. The commission shall not interfere with the discretion or the professional judgment or advocacy of a public defender office, a public defender contractor or assigned counsel in the representation of individual cases. Terms, qualifications and membership of the public defender commission shall be as provided by law.
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Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
