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
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
States Can Protect Unhoused People When the U.S. Supreme Court Won’t
The U.S. high court’s ruling allowing anti-camping laws underscores the importance and potential of state constitutional protections.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.
Advice for Law Students From State Supreme Court Justices
As the school year kicks off, eight justices reflect on what they wish someone had told them when they were in law school.