2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 10 - Judicial Standards Commission
Section 34-10-1 - Judicial standards commission; selection; terms.
The judicial standards commission consists of thirteen positions:
A. positions 1 through 5, position 10 and position 12, each of which shall be filled by a person who is a qualified elector of this state, who is not a justice, judge or magistrate of any court and who is not licensed to practice law in this state. The governor shall fill each of these positions by appointment of qualified persons. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for five years or less, in such manner that at least one term expires on June 30 each year, and so that not more than three of the seven positions are occupied by persons from the same political party. The initial terms for positions 1 through 5 begin on July 1, 1968. The initial term for position 10 begins on July 1, 1999, and the initial term for position 12 begins on July 1, 2013. The terms expire as follows:
(1) position 1 on June 30, 1969;
(2) position 2 on June 30, 1970;
(3) position 3 on June 30, 1971;
(4) position 4 on June 30, 1972;
(5) position 5 on June 30, 1973;
(6) position 10 on June 30, 2004; and
(7) position 12 on June 30, 2018;
B. positions 6 and 7, each of which shall be filled by a person who is licensed to practice law in this state. These positions shall be filled by appointment of qualified persons by majority vote of all members of the board of commissioners of the state bar of New Mexico, but no member of the board of commissioners shall be appointed. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for four years or less, in such manner that one of the terms expires on June 30 of each even-numbered year. Initial terms begin on July 1, 1968 and expire as follows:
(1) position 6 on June 30, 1970; and
(2) position 7 on June 30, 1972; and
C. positions 8 and 9, each of which shall be filled by a person who is a justice of the supreme court or a judge of the court of appeals or district court; position 11, which shall be filled by a person who is a magistrate court judge; and position 13, which shall be filled by a person who is a municipal judge. These positions shall be filled by appointment of qualified persons by the supreme court. Following initial terms specified in this subsection, these positions shall be filled in the same manner by qualified persons who serve for four years or less, in such manner that at least one of the terms expires on June 30 of each odd-numbered year. The initial terms for positions 8 and 9 begin on July 1, 1968. The initial term for position 11 begins on July 1, 1999. The initial term for position 13 begins on July 1, 2013. The terms expire as follows:
(1) position 8 on June 30, 1971;
(2) position 9 on June 30, 1973;
(3) position 11 on June 30, 2003; and
(4) position 13 on June 30, 2017.
History: 1953 Comp., § 16-8-1, enacted by Laws 1968, ch. 48, § 1; 1999, ch. 109, § 1; 2013, ch. 154, § 1.
ANNOTATIONSCross references. — For creation and powers of judicial standards commission relating to discipline and removal of judicial officers, see N.M. Const., art. VI, § 32.
For board of commissioners of the state bar, see 24-101 NMRA.
The 2013 amendment, effective April 3, 2013, added a municipal judge and a public member to the judicial standards commission; in the introductory sentence, after "consists of", deleted "eleven" and added "thirteen"; in Subsection A, in the first sentence, after "position 10", added "and position 12", in the third sentence, after "not more than" deleted "four" and added "three", after "three of the", deleted "six" and added "seven", in the fifth sentence, after "July 1, 1999", added "and the initial term for position 12 begins on July 1, 2013", and added Paragraph (7); and in Subsection C, in the first sentence, after "who is a magistrate court judge", added "and position 13, which shall be filled by a person who is a municipal judge", added the sixth sentence, and added Paragraph (4).
The 1999 amendment, effective, June 18, 1999, substituted "eleven positions" for "nine positions" in the introductory language; in Subsection A, inserted "and position 10" in the first sentence, in the third sentence inserted "at least" and substituted "four of the six positions" for "three of the five positions", in the next-to-last sentence inserted "for positions 1 through 5", deleted "and expire as follows" following "July 1, 1968", added the last sentence, and added Paragraph (6); in Subsection C, added the language beginning "and position" to the end of the first sentence, inserted "at least" in the fourth sentence, in the fifth sentence inserted "for positions 8 and 9" and deleted "and expire as follows" following "July 1, 1968", added the next-to-last sentence and "The terms expire as follows" at the beginning of the last sentence, and added Paragraph (3).
Right of appointment does not carry implied right of removal, because the commissioners have designated terms. State ex rel. N.M. Judicial Standards Comm'n v. Espinosa, 2003-NMSC-017, 134 N.M. 59, 73 P.3d 197.
Staggered terms. — The use of staggered terms is not sufficient to limit the governor's removal power under N.M. Const., art. V, § 5. While policies underlying staggered terms are important, such policies cannot override the governor's express removal authority. State ex. rel. N.M. Judicial Standards Comm'n v. Espinosa, 2003-NMSC-017, 134 N.M. 59, 73 P.3d 197.
Law reviews. — For article, "State ex rel. New Mexico Judicial Standards Commission v. Espinosa: Can Judicial Integrity Survive Executive Control?", see 34 N.M.L. Rev. 489 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 17 et seq.
48A C.J.S. Judges § 40 et seq.
