No justice of the supreme court, judge of the court of appeals, judge of the district court or judge of a metropolitan court, while serving, shall be nominated, appointed or elected to any other office in this state except a judicial office. (As amended November 8, 1988.)

ANNOTATIONS

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 "No judge of the supreme or district courts shall be nominated or elected to any other than a judicial office in this state."

Cross references. — For governor's appointive and removal power, including interim appointees, see N.M. Const., art. V, § 5.

For division of state into judicial districts with judge chosen for each district, see N.M. Const., art. VI, § 12.

For magistrate districts and selection of magistrates, see N.M. Const., art. VI, § 26.

Chairman of municipal consolidation commission. — The appointment, under authority of the Joint Powers Agreements Act (11-1-1 to 11-1-7 NMSA 1978), of a district judge to be chairman of a joint commission for consolidation of two municipalities does not contravene this section; there is no incompatibility between the two positions, and the fact that some day an action of the commission might be before a court was not enough to make the positions incompatible. 1968 Op. Att'y Gen. No. 68-67.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 44 et seq.

48A C.J.S. Judges §§ 31, 43; 67 C.J.S. Officers and Public Employees §§ 27, 28, 32.