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)
Filters
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.