New Mexico
New Mexico’s highest court is the New Mexico Supreme Court. The court has four justices and one chief justice. The chief justice is appointed according to the same procedures as the associate justices. (Source: New Mexico Constitution)
Judicial Selection
The governor appoints New Mexico Supreme Court justices from a list provided by a judicial nominating commission. An appointed justice must compete in a partisan election during the first general election after appointment. If elected, the justice serves the remainder of the seat’s eight-year term. At the end of that term, justices may stand in an unopposed yes/no retention vote. If retained by at least 57 percent affirmative votes, the justice serves another eight-year term. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a candidate from a list provided by a judicial nominating commission. An appointed justice serves until the next general election, where multiple candidates may vie for the seat in a partisan election. The elected judge serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
New Mexico’s first and only state constitution was adopted in 1911. As of January 1, 2024, it had 177 amendments. (Source: John Dinan, 2024)
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American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Disability Rights Under State Constitutions
Thirty-five years after the passage of the Americans with Disabilities Act, state constitutional anti-discrimination clauses, voting rights, and educational guarantees can expand protections for people with disabilities.
Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.