Judicial selection in New Mexico

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Judicial selection in New Mexico
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New Mexico Supreme Court
Method:   Partisan election
Term:   8 years
New Mexico Court of Appeals
Method:   Partisan election
Term:   8 years
New Mexico District Courts
Method:   Partisan election
Term:   6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in New Mexico, including:

As of April 2023, all judges in New Mexico were selected through partisan elections followed by nonpartisan retention elections.

Click here to notify us of changes to judicial selection methods in this state.

New Mexico Supreme Court

See also: New Mexico Supreme Court

The five justices of the New Mexico Supreme Court are chosen through partisan elections. After serving for one year, the appointed justice must win the first partisan general election after their appointment to serve the remainder of the unexpired term. Justices serve eight-year terms.[1] To serve additional terms, justices must receive at least 57% of the vote in a retention election.[1]

Qualifications

To serve on the supreme court, 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.[2]

Chief justice

The chief justice of the supreme court is selected by a peer vote of the justices to serve a two-year term. The chief justice must have been elected to the court, not appointed to fill a vacancy.[3]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a justice 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.[4]

The map below highlights how vacancies are filled in state supreme courts across the country.

See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 33) Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content
  2. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 8)
  3. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 34 Article 2)
  4. 4.0 4.1 New Mexico Secretary of State, "Constitution," accessed March 29, 2024 (Article VI Section 35)
  5. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 28)
  6. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 34 Article 5)
  7. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 14)
  8. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 38)
  9. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 36)
  10. New Mexico Courts, "About the Courts," accessed September 2, 2021
  11. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 35 Articles 1-2)
  12. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 34 Article 8A)
  13. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 35 Article 14)
  14. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article X Section 2)
  15. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 10 Article 3)
  16. 16.0 16.1 16.2 16.3 16.4 National Center for State Courts, "History of Reform Efforts: New Mexico | Formal Changes Since Inception," accessed September 2, 2021
  17. U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
  18. American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021