N.M. Const. art. VI, § 28
The court of appeals shall consist of not less than seven judges who shall be chosen as provided in this constitution, whose qualifications shall be the same as those of justices of the supreme court and whose compensation shall be as provided by law. The increased qualifications provided by this 1988 amendment shall not apply to court of appeals judges serving at the time this amendment passes or elected at the general election in 1988.
Three judges of the court of appeals shall constitute a quorum for the transaction of business, and a majority of those participating must concur in any judgment of the court.
When necessary, the chief justice of the supreme court may designate any justice of the supreme court, or any district judge of the state, to act as a judge of the court of appeals, and the chief justice may designate any judge of the court of appeals to hold court in any district, or to act as a justice of the supreme court. (As added September 28, 1965; 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 first paragraph for the former first paragraph, which reads as set out in the Original Pamphlet, deleted the former second paragraph which read "A vacancy in the office of judge of the court of appeals shall be filled by appointment of the governor for a period provided by law", and substituted "the chief justice may designate" for "he may designate" in the last paragraph.
The 1965 amendment, which was proposed by S.J.R. No. 5, § 3 (Laws 1965), and adopted at a special election held on September 28, 1965, by a vote of 31,582 for and 18,477 against, added this section as new to article VI.
Compiler's notes. — An amendment to this section, proposed by S.J.R. No. 2 (Laws 1981), which would have substituted "consists" for "shall consist" near the beginning of the first sentence of the first paragraph, deleted "and election for terms of eight years" near the middle of the first paragraph, deleted "except that an initial term may be prescribed by law for less than eight years to provide maximum continuity" at the end of the first paragraph, deleted the second paragraph, deleted "shall" preceding "constitute" near the beginning of the third paragraph and deleted "of the state" following "any district judge" near the middle of the last paragraph, 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 qualifications for supreme court justices, see N.M. Const., art. VI, § 8.
For statutory provisions relating to court of appeals, see 34-5-1 NMSA 1978 et seq.
Qualifications. — The New Mexico constitution provides that judges of the court of appeals must satisfy the same qualifications as justices of the supreme court. Hannett v. Jones, 1986-NMSC-047, 104 N.M. 392, 722 P.2d 643.
Opinion not binding where two judges concurred only in result. — The discussion and rationale underlying an opinion do not constitute binding precedent within the meaning of the state constitution where two judges concurred only in the result. Chadwick v. Public Serv. Co., 1986-NMCA-123, 105 N.M. 272, 731 P.2d 968, cert. denied, 105 N.M. 290, 731 P.2d 1334 (1987), abrogated, Mathis v. Trailways, Inc., 1990-NMCA-131, 111 N.M. 292, 804 P.2d 1111.
Assignment of cases to advisory committees. — An experimental plan pursuant to which cases would be assigned by the court of appeals to advisory committees of experienced attorneys was not an unconstitutional delegation of judicial power, where the judges reviewed the records and briefs and decided the cases. Thompson v. Ruidoso-Sunland, Inc., 1987-NMCA-023, 105 N.M. 487, 734 P.2d 267.
Law reviews. — For student symposium, "Constitutional Revision - Judicial Removal and Discipline - The California Commission Plan for New Mexico?" see 9 Nat. Resources J. 446 (1969).
For article, "History of the New Mexico Court of Appeals" see 22 N.M. L. Rev. 595 (1992).
Compensation. — The salaries of the judges of constitutionally established courts are not subject to the constitutional prohibition against an increase in compensation during the term for which they were elected. 1979 Op. Att'y Gen. No. 79-27.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 38; 46 Am. Jur. 2d Judges §§ 6 et seq., 14 et seq., 54, 239, 248 et seq.
Governor's calling of special or extra term of court, 16 A.L.R. 1306.
Party's right, in course of litigation, to challenge title or authority of substitute judge, 144 A.L.R. 1214.
Power to appoint public officer for term commencing at or after expiration of term of appointing officer or body, 75 A.L.R.2d 1277.
Power of successor or substituted judge, in civil case, to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399.
48A C.J.S. Judges §§ 8, 12, 13, 15 to 18, 69, 70, 75 to 81, 161 to 185.