2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 5 - Court of Appeals
Section 34-5-1 - Court of appeals; judges; election for staggered terms.

The "court of appeals" of New Mexico consists of ten judges who are nominated and elected in the same manner as justices of the supreme court. No judge of the court of appeals shall be nominated or elected to any other than a judicial office in this state.

History: 1953 Comp., § 16-7-1, enacted by Laws 1966, ch. 28, § 1; 1972, ch. 32, § 1; 1978, ch. 25, § 1; 1990, ch. 35, § 1.

Cross references. — For number, qualifications, election and terms of court of appeals judges, see N.M. Const., art. VI, § 28.

For court of appeals judge holding court in any district or acting as supreme court justice, see N.M. Const., art. VI, § 28.

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

1990 amendment. — Laws 1990, ch. 35, § 1 amended 34-5-1 NMSA 1978 to provide for ten appellate judges. Laws 1990, ch. 35, § 2 provided for the appointment and election of three additional judges. However, Laws 1990, ch. 35, § 3 provided: "The provisions of this act shall not take effect unless seventy-ninth fiscal year funding for three additional court of appeals judges is provided in the General Appropriations Act of 1990".

Compiler's notes. — Laws 1991, ch. 168, §§ 1 to 4, effective April 4, 1991, repeals Laws 1990, ch. 35, § 3, which provided a contingency for the effectiveness of Laws 1990, ch. 35, §§ 1 and 2, provides that this repeal shall revive the provisions of Laws 1990, ch. 35, §§ 1 and 2, and further provides that subsequent terms for all judges of the court of appeals shall be for eight years.

Laws 1990, ch. 35, § 2, effective May 16, 1990, provides that the eighth, ninth, and tenth judges of the court of appeals shall be appointed effective April 1, 1991, and shall be nominated and elected at the next general election. The eighth judge shall run for an initial term of four years. The ninth judge shall run for an initial term of six years. The tenth judge shall run for an initial term of eight years.

Law reviews. — For article, "History of the New Mexico Court of Appeals" see 22 N.M.L. Rev. 595 (1992).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts § 111 et seq.