The supreme court of the state shall consist of at least five justices who shall be chosen as provided in this constitution. One of the justices shall be selected as chief justice as provided by law. (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, rewrote this section to the extent that a detailed comparison would be impracticable. For former provisions, see Original Pamphlet.

Compiler's notes. — An amendment to this section, proposed by S.J.R. No. 2 (Laws 1981), which would have repealed the present section and added a new section to read "The supreme court consists of not less than five justices. One of the justices shall be selected as chief justice as provided by law," was submitted to the people at the general election 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 number of justices to five, see N.M. Const., art. VI, § 10.

For vacancy in office of supreme court or district court justice, see N.M. Const., art. XX, § 4.

For governor's power to designate three disaster successors for each judge of the supreme court and district courts, see 12-11-7 NMSA 1978.

Comparable provisions. — Idaho Const., art. V, § 6.

Iowa Const., art. V, § 2; amendment 21.

Montana Const., art. VII, § 3.

Utah Const., art. VIII, § 2.

Wyoming Const., art. V, § 4.

Number of justices. — The number of justices of the supreme court was increased to five by Laws 1929, ch. 9, § 1 (Section 34-2-1 NMSA 1978), under the authority granted by N.M. Const., art. VI, § 10.

Staggered terms. — This section and N.M. Const., art. VI, § 10 make clear the intent that staggered terms be maintained for the office of supreme court judge. 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).

Law reviews. — For comment on State ex rel. Palmer v. Miller, 74 N.M. 129, 391 P.2d 416 (1964), see 4 Nat. Resources J. 606 (1964).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 2; 46 Am. Jur. 2d Judges §§ 8, 9.

Successor judge, authority in dealing with unfinished business of previous judge, 54 A.L.R. 952, 58 A.L.R. 848.

Judgment, power to enter or authenticate, 58 A.L.R. 848.

Judge holding over without authority after expiration of term as a de facto officer, 71 A.L.R. 848.

Court's power to remove judges, 118 A.L.R. 171.

Right of party, in course of litigation, to challenge title or authority of judge or of person acting as judge, 144 A.L.R. 1207.

Power of successor judge taking office during term time to vacate, etc., judgment entered by his predecessor, 11 A.L.R.2d 1117.

Power of court to remove or suspend judge, 53 A.L.R.3d 882.

Power of successor judge taking office during term time to vacate, set aside, or annul judgment entered by his or her predecessor, 51 A.L.R.5th 747.

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.

21 C.J.S. Courts § 123; 48A C.J.S. Judges § 13.