New Mexico ex rel. Cisneros v. Martinez
Annotate this CaseIn the 2014 legislative session, the New Mexico Legislature passed the General Appropriations Act of 2014, which included a pair of salary increases for judges and justices of the state judiciary. The first increase was a 5% raise for the judicial branch (including judges). The raise was not separately identified in the language of section 4(B) of the Act. The second increase, separately funded in Section 8(A) was the same 3% raise authorized for all eligible state employees, including judges. Calling out what she referred to as a "dramatic 8% raise," Governor Martinez used her partial veto authority to strike the 3% raise for judges, leaving intact the language set forth in section 4(B). Thereafter, a group of judges, judicial associations and legislators (collectively, petitioners), petitioned the New Mexico Supreme Court for a writ of mandamus to declare the Governor's veto of the 3% raise as unconstitutional. Petitioners sought to have the vetoed language reinstated, thereby asking for the full 8% raise. After a full briefing and hearing the arguments of the parties, the Supreme Court denied the petition in part, holding that the Governor's veto was effective with respect to the section 8(A) 3% raise. The Court also granted in part, holding that the 5% raise separately funded in section 4(B) was never vetoed and therefore was still intact. The Court then issued the writ to order the Secretary of the Department of Finance and Administration to implement the 5% raise.
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