New Mexico Supreme Court
From Judgepedia
| New Mexico Supreme Court |
|---|
|
| Sitting justices |
| Edward Chavez Charles Daniels Patricio Serna Petra Jimenez Maes Richard Bosson |
| Former justices |
| New Mexico on Judgepedia |
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The New Mexico Supreme Court is the state's highest court and final court of review (court of last resort). In addition to reviewing decisions of lower courts, the Supreme Court, as the head of the judicial branch of the government, has general administrative and supervisory authority over all state courts and attorney regulation. The Court has authority to discipline attorneys and judges for professional misconduct and unethical behavior.
The court is composed of five justices; four associate justices and one Chief Justice.
The Supreme Court has jurisdiction to hear direct appeals in criminal cases in which the trial court imposed a life sentence or the death penalty or granted a petition for writ of habeas corpus, in all cases from the Public Regulation Commission, and election challenges. In its discretion, the Court may issue writs of certiorari, mandamus, prohibition, and superintending control. After a case is accepted by the Court, the parties submit written briefs that put forth the legal arguments and citations of authority to support those arguments. The records, proceedings, and exhibits from the trial court are reviewed at the same time as the briefs. Some cases are submitted to the Court on oral argument and some are submitted only on the briefs.
The work of authoring opinions is divided evenly and randomly among the five Justices. After a case is submitted to the Court, the Court first discusses the case before the assigned author drafts an opinion that will be circulated among the other Justices. Adoption of an opinion, decision, or order requires the votes of three members of the Court. In certain cases, a member of the Court may decide to file a specially concurring opinion or a dissenting opinion. It is the majority opinion of the Court, however, that determines the law of the case.
The court's justices
Selection of justices
Justices of the court are chosen using a hybrid system of the gubernatorial commission process combined with partisan elections. Judicial nominating commissions were created in 1988 when New Mexico voters amended the State Constitution and adopted sections 35,36, and 37 to Article VI. New Mexico has 15 judicial nomination commissions that screen applicants for vacancies on the appellate, district, and metropolitan courts.
The appropriate Commission meets within thirty days of an actual judicial vacancy. The Commission's mission is to recommend to the Governor names of candidates qualified for the judicial office. Once appointed, a judge must run in the next partisan election and, thereafter, be subject to retention or rejection on a nonpartisan ballot. The Addenda to Article VI contains the Rules of the Commission, the Open Meetings Resolution, and the Applicant Questionnaire.[1]
To be retained, a state court justice must receive at least 57% of the vote.
Qualifications
To be eligible to serve as a justice on the supreme court, a candidate must:
- Be at least 35 years old.
- Have a minumum of ten years of experience with legal practice.
- Have been a resident of New Mexico for at least three years.
Current justices
The justices on the court as of November 2008, listed in order of when they joined the court, are:
| Name | Partisan affiliation | Appointed | Term expires | Appointed by |
|---|---|---|---|---|
| Patricio Serna | D | 1996 | 2016 | Gary Johnson (a Republican) |
| Petra Jiminez Maes | D | 1998 | 2016 | Gary Johnson (a Republican) |
| Richard Bosson | D | 2002 | 2012 | NA |
| Edward Chavez | D | 2003 | 2014 | Bill Richardson (a Democrat) |
| Charles Daniels | D | 2007 | 2010 | Bill Richardson (a Democrat) |
Chief Justice
Edward Chavez currently serves as the Chief Justice of the court.
Removal of justices
New Mexico justices may be removed in one of two ways:
- The supreme court may discipline, retire, or remove a judge on the recommendation of the judicial standards commission.
- Judges may be impeached by a majority vote of the house of representatives and removed by a two-thirds vote of the senate.
Supreme Court building
The court meets in a building in Santa Fe known just as "the Supreme Court building". Construction began on the building in 1934 and it was finished in 1937 at a cost of $307,000. It was constructed by the Public Works Administration project and is the only major building in New Mexico built by the PWA that is still being used for the original purpose for which it was built.
In the 1950s, the building was a designated fallout shelter, storing quantities of k-rations and water.
In the early 1980s, former District Judge Michael Franke became the only person to lie in state in the Courthouse. He had been murdered in Oregon while serving as Secretary of Corrections for that state.
The Supreme Court Building is recognized by the City of Santa Fe as a "significant structure in the downtown historic district," and is registered on the Historic Santa Fe Foundation Registry, the State of New Mexico register of historic buildings, and the National Register of Historic Places.[2]
External links
References
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