New Mexico Court of Appeals

Judges of the New Mexico Court of Appeals

The New Mexico Court of Appeals is the intermediate appellate court in New Mexico.

The court of appeals has offices in Santa Fe and Albuquerque. The court consists of 10 judges, sitting in panels of three. A majority of two judges must agree on opinions. One judge may act upon a motion unless the motion goes to the merits of the case. If so, a motion will be decided by a two- or three-judge panel.

The court has jurisdiction in civil, non-capital criminal and juvenile cases. It has discretionary jurisdiction in interlocutory decision cases and administrative agency appeals. The court takes all appeals from lower courts except those involving capital punishment or life imprisonment, those involving habeas corpus and appeals from the Public Regulation Commission. The court takes about 900 cases each year.

Judges hold eight-year terms but may run in a retention election in the general election at the end of their term. If not retained, a judge's term ends on the January 1st following the election.

• Published opinions of the New Mexico Court of Appeals can be found here.

 

New Mexico Court of Appeals
Court information
Judges:	10
Salary:	Associates: $220,979
Judicial selection
Method:	Partisan election of judges
Term:	8 years

Judges

Judge	Tenure	Appointed By
J. Miles Hanisee	2011 - Present	Susana Martinez
Jane Yohalem	July 29, 2020 - Present	Michelle Lujan Grisham
Shammara Henderson	March 1, 2020 - Present	Michelle Lujan Grisham
Megan Duffy	2019 - Present
Jennifer Attrep	2018 - Present	Susana Martinez
Zachary Ives	2019 - Present	Michelle Lujan Grisham
Kristina Bogardus	2019 - Present
Jacqueline Medina	2019 - Present
Katherine Anne Wray	2021 - Present	Michelle Lujan Grisham
Gerald Baca	April 26, 2021 - Present

Judicial selection

See also: Judicial selection in New Mexico

The 10 judges of the New Mexico Court of Appeals are chosen through partisan elections. After serving for one year, the appointed judge must win the first partisan general election after their appointment to serve the remainder of the unexpired term. Judges serve eight-year terms. To serve additional terms, judges must receive at least 57% of the vote in a retention election.

Qualifications

To serve on the court of appeals, a person must:

• be at least 35 years old;
• have practiced law for ten years before assuming office; and
• have been a New Mexico resident for three years before assuming office.

Chief judge

The chief judge of the court of appeals is selected by peer vote to serve a two-year term.

Vacancies

In the event of a midterm vacancy, the governor appoints a judge from a list of qualified candidates recommended by a judicial nominating commission. The appointed judge will serve until the first general election held one year after their appointment. The appointee must run in that general election to serve the remainder of the unexpired term.

Salary

In 2024, the associate judges of the court received a salary of $220,979, according to the National Center for State Courts.

Elections

2024

See also: New Mexico intermediate appellate court elections, 2024

The terms of three New Mexico intermediate appellate court judges expired on December 31, 2024. The three seats were up for retention election on November 5, 2024. The filing deadline for retention candidates was June 27, 2024.

Candidates and results

Attrep's seat

New Mexico Court of Appeals, Jennifer Attrep's seat

Jennifer Attrep was retained to the New Mexico Court of Appeals on November 5, 2024 with 69.0% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	69.0	495,792
			No	31.0	223,107
			Total Votes		718,899

---

Source

Duffy's seat

New Mexico Court of Appeals, Megan Duffy's seat

Megan Duffy was retained to the New Mexico Court of Appeals on November 5, 2024 with 68.2% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	68.2	485,307
			No	31.8	226,660
			Total Votes		711,967

---

Source

Henderson's seat

New Mexico Court of Appeals, Shammara Henderson's seat

Shammara Henderson was retained to the New Mexico Court of Appeals on November 5, 2024 with 68.8% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	68.8	492,879
			No	31.2	223,138
			Total Votes		716,017

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Source

2022

See also: New Mexico intermediate appellate court elections, 2022

General election

Special general election for New Mexico Court of Appeals

Incumbent Gerald Baca defeated Barbara Johnson and Sophie Cooper in the special general election for New Mexico Court of Appeals on November 8, 2022.

		Candidate	%	Votes
✔		Gerald Baca (D)	50.4	349,577
	Submit photo	Barbara Johnson (R)	44.2	306,521
	Submit photo	Sophie Cooper (L)	5.4	37,336

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 693,434
= candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Special Democratic primary for New Mexico Court of Appeals

Incumbent Gerald Baca advanced from the special Democratic primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔		Gerald Baca	100.0	112,975

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 112,975
= candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Special Republican primary for New Mexico Court of Appeals

Barbara Johnson advanced from the special Republican primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔	Submit photo	Barbara Johnson	100.0	90,889

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 90,889
= candidate completed the Ballotpedia Candidate Connection survey.
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Libertarian primary election

Special Libertarian primary for New Mexico Court of Appeals

Sophie Cooper advanced from the special Libertarian primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔	Submit photo	Sophie Cooper (Write-in)	100.0	278

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 278
= candidate completed the Ballotpedia Candidate Connection survey.
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General election

Special general election for New Mexico Court of Appeals

Incumbent Katherine Anne Wray defeated Gertrude Lee and Stephen Curtis in the special general election for New Mexico Court of Appeals on November 8, 2022.

		Candidate	%	Votes
✔	Submit photo	Katherine Anne Wray (D)	50.7	350,229
	Submit photo	Gertrude Lee (R)	43.0	297,057
	Submit photo	Stephen Curtis (L)	6.3	43,632

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 690,918
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Democratic primary election

Special Democratic primary for New Mexico Court of Appeals

Incumbent Katherine Anne Wray advanced from the special Democratic primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔	Submit photo	Katherine Anne Wray	100.0	111,074

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 111,074
= candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Special Republican primary for New Mexico Court of Appeals

Gertrude Lee advanced from the special Republican primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔	Submit photo	Gertrude Lee	100.0	89,841

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 89,841
= candidate completed the Ballotpedia Candidate Connection survey.
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Libertarian primary election

Special Libertarian primary for New Mexico Court of Appeals

Stephen Curtis advanced from the special Libertarian primary for New Mexico Court of Appeals on June 7, 2022.

		Candidate	%	Votes
✔	Submit photo	Stephen Curtis	100.0	1,146

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 1,146
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Yohalem's seat

New Mexico Court of Appeals, Jane Yohalem's seat

Jane Yohalem was retained to the New Mexico Court of Appeals on November 8, 2022 with 67.5% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	67.5	390,800
			No	32.5	188,185
			Total Votes		578,985

---

It has been certified. Source

2020

See also: New Mexico intermediate appellate court elections, 2020

General election

General election for New Mexico Court of Appeals

Incumbent Zachary Ives defeated Barbara Johnson in the general election for New Mexico Court of Appeals on November 3, 2020.

		Candidate	%	Votes
✔		Zachary Ives (D)	52.5	464,043
	Submit photo	Barbara Johnson (R)	47.5	419,927

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 883,970
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Democratic primary election

Democratic primary for New Mexico Court of Appeals

Incumbent Zachary Ives advanced from the Democratic primary for New Mexico Court of Appeals on June 2, 2020.

		Candidate	%	Votes
✔		Zachary Ives	100.0	199,136

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 199,136
= candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary election

Republican primary for New Mexico Court of Appeals

Barbara Johnson advanced from the Republican primary for New Mexico Court of Appeals on June 2, 2020.

		Candidate	%	Votes
✔	Submit photo	Barbara Johnson	100.0	133,065

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 133,065
= candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for New Mexico Court of Appeals

Incumbent Shammara Henderson defeated Gertrude Lee and Stephen Curtis in the general election for New Mexico Court of Appeals on November 3, 2020.

		Candidate	%	Votes
✔		Shammara Henderson (D)	51.0	450,566
	Submit photo	Gertrude Lee (R)	41.9	370,778
	Submit photo	Stephen Curtis (L)	7.1	62,547

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 883,891
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Democratic primary election

Democratic primary for New Mexico Court of Appeals

Incumbent Shammara Henderson advanced from the Democratic primary for New Mexico Court of Appeals on June 2, 2020.

		Candidate	%	Votes
✔		Shammara Henderson	100.0	201,097

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 201,097
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Republican primary election

Republican primary for New Mexico Court of Appeals

Gertrude Lee advanced from the Republican primary for New Mexico Court of Appeals on June 2, 2020.

		Candidate	%	Votes
✔	Submit photo	Gertrude Lee	100.0	131,512

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 131,512
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Libertarian primary election

Libertarian primary for New Mexico Court of Appeals

Stephen Curtis advanced from the Libertarian primary for New Mexico Court of Appeals on June 2, 2020.

		Candidate	%	Votes
✔	Submit photo	Stephen Curtis (Write-in)	100.0	204

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 204
= candidate completed the Ballotpedia Candidate Connection survey.
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General election

General election for New Mexico Court of Appeals

Incumbent Jane Yohalem defeated Thomas Montoya in the general election for New Mexico Court of Appeals on November 3, 2020.

		Candidate	%	Votes
✔		Jane Yohalem (D)	51.8	456,645
	Submit photo	Thomas Montoya (R)	48.2	424,153

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 880,798
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Medina's seat

New Mexico Court of Appeals

Jacqueline Medina was retained to the New Mexico Court of Appeals on November 3, 2020 with 73.1% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	73.1	540,619
			No	26.9	199,217
			Total Votes		739,836

---

It has been certified. Source

2018

See also: New Mexico intermediate appellate court elections, 2018

Candidates and results

French's seat

General election

General election

General election for New Mexico Court of Appeals

		Candidate	%	Votes
✔	Submit photo	Kristina Bogardus (D)	54.6	370,314
	Submit photo	Stephen French (R)	45.4	308,146

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 678,460 (100.00% precincts reporting)
= candidate completed the Ballotpedia Candidate Connection survey.
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Primary election
■ Kristina Bogardus
■ Stephen French (Incumbent)

Bohnhoff's seat

General election

General election

General election for New Mexico Court of Appeals

		Candidate	%	Votes
✔		Jacqueline Medina (D)	57.8	391,429
		Henry Bohnhoff (R)	42.2	285,681

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 677,110 (100.00% precincts reporting)
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Primary election
■ Jacqueline Medina
■ Henry Bohnhoff (Incumbent)

Kiehne's seat

General election

General election

General election for New Mexico Court of Appeals

		Candidate	%	Votes
✔		Briana H. Zamora (D)	57.8	390,971
		Emil Kiehne (R)	42.2	285,554

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 676,525 (100.00% precincts reporting)
= candidate completed the Ballotpedia Candidate Connection survey.
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Primary election
■ Briana H. Zamora
■ Emil Kiehne (Incumbent)

Gallegos' seat

General election

General election

General election for New Mexico Court of Appeals

		Candidate	%	Votes
✔		Megan Duffy (D)	54.5	367,522
		Daniel Gallegos (R)	45.5	306,814

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	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 674,336 (100.00% precincts reporting)
= candidate completed the Ballotpedia Candidate Connection survey.
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Primary election
■ Megan Duffy
■ Daniel Gallegos (Incumbent)

Attrep's seat

General election

General election

General election for New Mexico Court of Appeals

		Candidate	%	Votes
✔		Jennifer Attrep (D)	100.0	466,482

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 466,482 (100.00% precincts reporting)
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Primary election
■ Jennifer Attrep (Incumbent)

Hanisee's seat

New Mexico Court of Appeals

J. Miles Hanisee was retained to the New Mexico Court of Appeals on November 6, 2018 with 69.4% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	69.4	382,151
			No	30.6	168,167
			Total Votes		550,318

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It has been certified. Source

2016

Partisan election candidates

■ Julie Vargas (D)
■ Stephen French (R) (Incumbent)

Withdrawn

■ Ned S. Fuller (R)

Judges who faced retention

■ Jonathan Sutin
■ M. Monica Zamora
■ Timothy Garcia

Election results

November 8 general

Julie Vargas defeated incumbent Stephen French in the general election.

New Mexico Court of Appeals, French's seat, 2016
Party		Candidate	Vote %	Votes
	Democrat	Julie Vargas	52%	395,227
	Republican	Stephen French Incumbent	48%	357,837
Total Votes (1492 of 1492: 100%)				753,064
Source: New Mexico Secretary of State Official Results

Jonathan Sutin was retained in the New Mexico Court of Appeals, Sutin's seat election with 70.42% of the vote.

New Mexico Court of Appeals, Sutin's seat, 2016
Name	Yes votes
Jonathan Sutin	70.42%
Source: New Mexico Secretary of State Official Results

M. Monica Zamora was retained in the New Mexico Court of Appeals, Zamora's seat election with 71.05% of the vote.

New Mexico Court of Appeals, Zamora's seat, 2016
Name	Yes votes
M. Monica Zamora	71.05%
Source: New Mexico Secretary of State Official Results

Timothy Garcia was retained in the New Mexico Court of Appeals, Garcia's seat election with 70.28% of the vote.

New Mexico Court of Appeals, Garcia's seat, 2016
Name	Yes votes
Timothy Garcia	70.28%
Source: New Mexico Secretary of State Official Results

June 7 primary

New Mexico Court of Appeals 2016 Republican Primary, French's Seat, 2016
Party		Candidate	Vote %	Votes
	Republican	Stephen French Incumbent (unopposed)	100.00%	83,694
Total Votes (1492 of 1492: 100%)				83,694
Source: New Mexico Secretary of State Official Results

New Mexico Court of Appeals 2016 Democratic Primary, French's Seat, 2016
Party		Candidate	Vote %	Votes
	Democratic	Julie Vargas  (unopposed)	100.00%	165,340
Total Votes (1492 of 1492: 100%)				165,340
Source: New Mexico Secretary of State Official Results

2014

Seat 1

Candidate	Incumbency	Party	Primary Vote	Election Vote
HaniseeJ. Miles HaniseeA	Yes	Republican	100%A	50.9%   A
KiernanKerry Kiernan	No	Democratic	100%A	49.1%   D

Retention

Judge	Election Vote
VanziLinda Vanzi	72.9% A
WechslerJames Wechsler	73.2% A
FryCynthia Fry	74.0% A

2012

Candidate	Incumbency	Division	Primary Vote	Election Vote
VigilMichael Vigil   A	Yes			73.48%   A
KennedyRoderick Kennedy   A	Yes			76.42%   A
LopezVictor S. Lopez	No		34%

Ethics

The New Mexico Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in New Mexico. It is composed of eight rules:

• 21-100: Titled "A judge shall hold the integrity and independence of the judiciary."
• 21-200: Dictates that judges should show respect for the law, and sets guidelines for impartiality
• 21-300: Titled "A judge shall perform the duties of office impartially and diligently."
• 21-400: Describes a judge's duty to recuse in cases of conflicts of interest
• 21-500: Titled "A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations."
• 21-600: Titled "Reporting quasi-judicial and extra-judicial activities and compensation."
• 21-700: Describes appropriate behavior related to "Elections and political activity."
• 21-800: Titled "A judge shall refrain from campaign fund-raising activity which has the appearance of impropriety."

The full text of the New Mexico Code of Judicial Conduct can be found here.

Removal of judges

Judges in New Mexico may be removed in one of two ways:

• Removal or retirement by the supreme court, on a recommendation of the judicial standards commission
• Impeachment by a majority vote of the house of representatives, plus removal a two-thirds vote of the senate

State profile

Demographic data for New Mexico
	New Mexico	U.S.
Total population:	2,080,328	316,515,021
Land area (sq mi):	121,298	3,531,905
Race and ethnicity**
White:	73.2%	73.6%
Black/African American:	2.1%	12.6%
Asian:	1.4%	5.1%
Native American:	9.1%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	3.3%	3%
Hispanic/Latino:	47.4%	17.1%
Education
High school graduation rate:	84.2%	86.7%
College graduation rate:	26.3%	29.8%
Income
Median household income:	$44,963	$53,889
Persons below poverty level:	24.7%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in New Mexico. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in New Mexico

New Mexico voted for the Democratic candidate in six out of the seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in New Mexico, accounting for 1.46 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. New Mexico had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.

More New Mexico coverage on Ballotpedia

• Elections in New Mexico
• United States congressional delegations from New Mexico
• Public policy in New Mexico
• Endorsers in New Mexico
• New Mexico fact checks
• More...

See also

New Mexico	Judicial Selection	More Courts
Courts in New Mexico New Mexico Court of Appeals New Mexico Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in New Mexico	Federal courts State courts Local courts

External links

• New Mexico Court of Appeals

Footnotes

New Mexico courts

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Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: District of New Mexico • U.S. Bankruptcy Court: District of New Mexico

State courts:

New Mexico Supreme Court • New Mexico Court of Appeals • New Mexico District Courts • New Mexico Magistrate Court • New Mexico Municipal Courts • New Mexico Probate Courts • New Mexico Problem-Solving Courts • New Mexico Workers' Compensation Administration Court • Bernalillo County Metropolitan Court

State resources:

Courts in New Mexico • New Mexico judicial elections • Judicial selection in New Mexico