2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 2 - Supreme Court
Section 34-2-1 - Supreme court justices; number; election by position; election of chief justice.

A. There shall be five justices of the supreme court.

B. In any election where more than one justice is to be nominated or elected for a term of the same length, the officer issuing the election proclamation shall designate as many positions, numbered consecutively, as there are places to be filled for terms of the same length. Each of these places shall be identified by the position number in all nominations and elections.

C. At their first meeting in April of each even-numbered year, the justices of the supreme court shall, by a majority vote, designate one of their number, not appointed, to serve as chief justice. In the absence of the chief justice, the senior justice present at the seat of government shall exercise the powers of chief justice. Seniority shall be determined by the length of present continuous service on the supreme court. In the event of a vacancy in the office of chief justice, the justices shall, by majority vote, designate one of their eligible number to serve for the remainder of the term.

History: Laws 1929, ch. 9, § 1; C.S. 1929, § 34-206; 1941 Comp., § 16-201; 1953 Comp., § 16-2-1; Laws 1969, ch. 115, § 1; 1977, ch. 225, § 1; 2008, ch. 19, § 1.

Cross references. — For appointment of supreme court building commission, see 34-3-1 NMSA 1978.

For distribution and sale of supreme court reports, see 34-4-2 NMSA 1978.

For administrative office of the courts, see 34-9-1 to 34-9-8 NMSA 1978.

For the Uniform Certification of Questions of Law Act, see Chapter 39, Article 7 NMSA 1978.

For vesting of judicial powers, see N.M. Const., art. VI, § 1.

For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2, 34-5-14, 39-3-2, 39-3-3, 39-3-4 NMSA 1978.

For original jurisdiction of supreme court, see N.M. Const., art. VI, § 3.

For supervisory control of inferior courts, see N.M. Const., art. VI, § 3.

For number of justices, see N.M. Const., art. VI, §§ 4, 10.

For selection and duty of chief justice, see N.M. Const., art. VI, § 4.

For election and terms of justices, see N.M. Const., art. VI, § 4.

For quorum for the supreme court, see N.M. Const., art. VI, § 5.

For necessity for majority of justices concurring in judgment, see N.M. Const., art. VI, § 5.

For district judge substituting for justice, see N.M. Const., art. VI, § 6.

For terms and sessions of supreme court, see N.M. Const., art. VI, § 7.

For qualifications of justices, see N.M. Const., art. VI, § 8.

For officers and employees of supreme court, see N.M. Const., art. VI, § 9.

For supreme court justice sitting as district judge, see N.M. Const., art. VI, § 15.

For disqualification of justice, see N.M. Const., art. VI, § 18.

For supreme court judges being ineligible for nonjudicial offices, see N.M. Const., art. VI, § 19.

For judge of court of appeals acting as supreme court justice, see N.M. Const., art. VI, § 28.

For chief justice being member and chairman of compilation commission, see 12-1-2 NMSA 1978.

For justices being board of trustees of supreme court law library, see 18-1-1 NMSA 1978.

For approval of bonds of district attorneys, see 36-1-1 NMSA 1978.

For continuing undecided cases from term to term, see 39-3-6 NMSA 1978.

The 2008 amendment, effective July 1, 2009, provided that the chief justice of the supreme court shall be elected in April of each even-numbered year.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts § 123.