N.M. Const. art. VI, § 12
The state shall be divided into judicial districts as may be provided by law. One or more judges shall be chosen for each district as provided in this constitution. (As amended November 8, 1988.)
The 1988 amendment, which was proposed by S.J.R. No. 1, § 1 (Laws 1988) and adopted at the general election held on November 8, 1988, by a vote of 203,509 for and 159,957 against, substituted the present provisions for the former provisions which read "The state shall be divided into eight judicial districts and a judge shall be chosen for each district by the qualified electors thereof at the election for representatives in congress. The terms of office of the district judges shall be six years."
Compiler's notes. — New Mexico Const., art. VI, § 16, empowers the legislature to increase the number of judges in any judicial district, and to rearrange the districts, increase the number thereof and make provision for a district judge for any additional district. Pursuant to this authority, the number of judicial districts has been increased by the legislature to 13. See 34-6-1 NMSA 1978.
An amendment to this section, proposed by S.J.R. No. 2 (Laws 1981), which would have, in the first sentence, substituted "at least thirteen" for "eight," substituted "one or more judges" for "a judge" and substituted "as provided in this constitution" for "by the qualified electors thereof at the election for representatives in congress" and would have deleted the last sentence, 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.
Cross references. — For power of legislature to increase the number of judges in any judicial district, to rearrange judicial district and increase the number thereof, see N.M. Const., art. VI, § 16.
For designation of original judicial districts, see N.M. Const., art. VI, § 25.
For vacancies on the District Court and Supreme Court, see N.M. Const., art. VI, §§ 34, 35 and 36.
For present division of state into 13 judicial districts, and number of judges in each district, see 34-6-1, 34-6-4 to 34-6-16 NMSA 1978.
Comparable provisions. — Idaho Const., art. V, § 11.
Iowa Const., amendment 21.
Montana Const., art. VII, §§ 7, 8.
Utah Const., art. VIII, §§ 8, 9.
Wyoming Const., art. V, § 19.
Concurrent terms. — Framers of the constitution intended for the terms of district judges to begin and end at the same time. State ex rel. Swope v. Mechem, 1954-NMSC-011, 58 N.M. 1, 265 P.2d 336 (decided prior to 1988 amendment, which rewrote this section).
District judges appointed pursuant to legislative act increasing the number of judges in certain districts and elected in the first general election following their appointment, hold office not for six years from date of election, but only until expiration of the terms of all other district judges. State ex rel. Swope v. Mechem, 1954-NMSC-011, 58 N.M. 1, 265 P.2d 336 (decided prior to 1988 amendment, which rewrote this section).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 6, 9.
Right of party in course of litigation to challenge title or authority of judge or of person acting as judge, 114 A.L.R. 1207.
Court's power to remove judges, 118 A.L.R. 171, 53 A.L.R.3d 882.
Pardon as restoring judge to office forfeited by conviction, 58 A.L.R.3d 1191.
Validity and construction of constitutional or statutory provision making legal knowledge or experience a condition of eligibility for judicial office, 71 A.L.R.3d 498.
21 C.J.S. Courts §§ 93 to 106; 48A C.J.S. Judges §§ 12 to 14.