The office of any justice or judge subject to the provisions of Article 6, Section 33 of this constitution becomes vacant on January 1 immediately following the general election at which the justice or judge is rejected by more than forty-three percent of those voting on the question of retention or rejection or on January 1 immediately following the date the justice or judge fails to file a declaration of candidacy for the retention of the justice's or judge's office in the general election at which the justice or judge would be subject to retention or rejection by the electorate. Otherwise, the office becomes vacant upon the date of the death, resignation or removal by impeachment of the justice or judge. (As added November 8, 1988; as amended November 8, 1994 and November 4, 2014.)

ANNOTATIONS

The 2014 amendment, proposed by S.J.R. No. 16 (Laws 2014) and adopted at the general election held on November 4, 2014 by a vote of 264,351 for and 159,580 against, allowed the legislature to set the date for filing declarations of candidacy for judicial retention elections; and deleted the former last sentence which provided that "The date for filing a declaration of candidacy for retention of office shall be the same as that for filing a declaration of candidacy in a primary election".

The 1994 amendment, proposed by S.J.R. No. 1 (Laws 1994) and adopted at the general election held on November 8, 1994 by a vote of 222,910 for and 166,639 against, substituted "more than forty-three percent of those voting" for "a majority of those voting" near the beginning of the section.

The 1988 amendment to Article VI, 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, added this section.

Compiler's notes. — An amendment to Article VI, proposed by S.J.R. No. 2 (Laws 1981), which would have added a new Section 34 relating to the duties of the judicial standards commission relative to retention elections, 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.

Applicability to removal under Art. VI, § 32. — This section refers to removal by impeachment or by those methods that under the constitutional scheme are analogous; it does not limit the supreme court's authority to act upon the judicial standards commission's petition for removal of a district court judge. In re Castellano, 1995-NMSC-007, 119 N.M. 140, 889 P.2d 175.

Simultaneous declarations of candidacy. — A district judge may not file a declaration of candidacy for retention of office and, at the same time, file a declaration of candidacy in a primary election for a statewide judicial office. 1990 Op. Att'y Gen. No. 90-04.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 237 et seq.

48A C.J.S. Judges §§ 30 to 34.