New Mexico Supreme Court
From Judgepedia
| New Mexico Supreme Court |
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| Sitting justices |
| Edward Chavez Charles Daniels Patricio Serna Petra Jiminez Maes Richard Bosson |
| 2008 challengers |
| Patricio Serna and Charles Daniels are up for re-election |
| Former justices |
| New Mexico on Judgepedia |
The New Mexico Supreme Court is the State's highest court and final court of review (court of last resort). In addition to reviewing decisions of lower courts, the Supreme Court, as the head of the Judicial Branch of Government, has general administrative and supervisory authority over all State courts and attorney regulation. The Court has authority to discipline attorneys and judges for professional misconduct and unethical behavior.
The Supreme Court has jurisdiction to hear direct appeals in criminal cases in which the trial court imposed a life sentence or the death penalty or granted a petition for writ of habeas corpus, in all cases from the Public Regulation Commission, and election challenges. In its discretion, the Court may issue writs of certiorari, mandamus, prohibition, and superintending control. After a case is accepted by the Court, the parties submit written briefs that put forth the legal arguments and citations of authority to support those arguments. The records, proceedings, and exhibits from the trial court are reviewed at the same time as the briefs. Some cases are submitted to the Court on oral argument and some are submitted only on the briefs.
The work of authoring opinions is divided evenly and randomly among the five Justices. After a case is submitted to the Court, the Court first discusses the case before the assigned author drafts an opinion that will be circulated among the other Justices. Adoption of an opinion, decision, or order requires the votes of three members of the Court. In certain cases, a member of the Court may decide to file a specially concurring opinion or a dissenting opinion. It is the majority opinion of the Court, however, that determines the law of the case.
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Judicial Nominating Commission
The Judicial Nominating Commissions were created in 1988 when New Mexico voters amended the State Constitution and adopted sections 35,36, and 37 to Article VI. New Mexico has 15 Judicial Nomination Commissions that screen applicants for vacancies on the appellate, district, and metropolitan courts. The appropriate Commission meets within thirty days of an actual judicial vacancy. The Commission's mission is to recommend to the Governor names of candidates qualified for the judicial office. Once appointed, a judge must run in the next partisan election and, thereafter, be subject to retention or rejection on a nonpartisan ballot. The Addenda to Article VI contains the Rules of the Commission, the Open Meetings Resolution, and the Applicant Questionnaire.[1]
Current Justices
The current justices on the court (as of late 2007) are:
- Edward Chavez, the chief justice.
- Charles Daniels
- Patricio Serna
- Petra Jiminez Maes
- Richard Bosson
See Also
External Links
References
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