N.M. Const. art. VI, § 16
The legislature may increase the number of district judges in any judicial district, and they shall be elected or appointed as other district judges for that district. At any session after the publication of the census of the United States in the year nineteen hundred and twenty, the legislature may rearrange the districts of the state, increase the number thereof, and make provision for a district judge for any additional district. (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 "or appointed as other district judges for the district" for "as other district judges" at the end of the first sentence and "any session" for "its first session" near the beginning of the second sentence and deleted "and at the first session after each United States census thereafter" following "in the year nineteen hundred and twenty" in the second sentence.
Compiler's notes. — The number of judicial districts has been increased several times by the legislature. Section 34-6-1 NMSA 1978 now provides for and designates 13 judicial districts; 34-6-4 to 34-6-16 NMSA 1978 specify the number of judges in each district.
An amendment to this section, proposed by S.J.R. No. 2 (Laws 1981), which would have substituted "appointed" for "elected" near the end of the first 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 constitutional provision dividing state into judicial districts, see N.M. Const., art. VI, § 12.
For designation of original judicial districts, see N.M. Const., art. VI, § 25.
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., art. V, § 10; amendment 8.
Montana Const., art. VII, § 6.
Utah Const., art. VIII, § 6.
Wyoming Const., art. V, § 21.
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.
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, held 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.
Legislature has no power of appointment of district court judges by implication from this section. State ex rel. Swope v. Mechem, 1954-NMSC-011, 58 N.M. 1, 265 P.2d 336.
Procedure for filling new judgeship. — A law establishing an additional judgeship creates a vacancy in that office as of the date the post is to be filled, appointment to which is made pursuant to the constitution; a successor to such appointed judge is to be elected at the general election following the appointment, and the term of office for that individual is to end on the same date as all other district judgeships. 1974 Op. Att'y Gen. No. 74-31.
Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M. L. Rev. 5 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 4.
48A C.J.S. Judges § 8.