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
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
How State and Local Election Certification Works
The process is designed to withstand election denialism.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
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.
Status of Partisan Gerrymandering Litigation in State Courts
Utah’s high court sent a closely watched challenge to the state’s congressional maps back to the lower court.
Judicial Deference to Agency Expertise in the States
Almost all state courts recognize the importance of agencies’ expertise in policymaking.