After the publication of the census of the United States in the year nineteen hundred and twenty, the legislature shall have power to increase the number of justices of the supreme court to five; provided, however, that no more than two of said justices shall be elected at one time, except to fill a vacancy.

ANNOTATIONS

Cross references. — For original number of supreme court justices, and term and election of same, see N.M. Const., art. VI, § 4.

Compiler's notes. — The number of justices of the supreme court was increased from three to five by Laws 1929, ch. 9, § 1 (Section 34-2-1 NMSA 1978), under the authority granted by this section.

An amendment to this section, proposed by S.J.R. No. 2 (Laws 1981), which would have repealed this section, was submitted to the people at the general election held on November 2, 1982. It was defeated by a vote of 117,601 for and 139,643 against.

Staggered terms. — New Mexico Const., art. VI, § 4 and this section make clear the intent that staggered terms be maintained for the office of supreme court judge. State ex rel. Swope v. Mechem, 1954-NMSC-011, 58 N.M. 1, 265 P.2d 336 (decided prior to 1988 amendment of N.M. Const., art. VI, § 4, which rewrote that section).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 4, 5.

21 C.J.S. Courts § 123.