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9 - New Mexico

Finding Its Own Unique Approach

from Part II - Change as Court Modernization or Good Government

Published online by Cambridge University Press:  06 April 2020

Herbert M. Kritzer
Affiliation:
University of Minnesota School of Law
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Summary

Efforts to end the use of partisan elections for judicial selection and retention in New Mexico date back to the 1930s. Twice, the state legislatures sent voters a constitutional amendment that included a Missouri Plan system, in 1951 and again in 1982, but both times the voters rejected it. In 1988, the legislature and voters approved a new system that retained an element of partisan elections; approval occurred despite that it again raised the specter of voters surrendering their power to select judges. In principle, all vacancies are now filled by gubernatorial appointment from a short list provided by a nominating commission. However, appointees must stand in a partisan election at the first general election after their appointment; this includes the need to obtain the nomination of a political party. After winning a partisan election, either as the appointed incumbent or as the challenger, judges stand for subsequent terms in retention elections. There is still an occasional open-seat election when an appointee fails to obtain the nomination of his or her political party.

Type
Chapter
Information
Judicial Selection in the States
Politics and the Struggle for Reform
, pp. 184 - 203
Publisher: Cambridge University Press
Print publication year: 2020

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  • New Mexico
  • Herbert M. Kritzer
  • Book: Judicial Selection in the States
  • Online publication: 06 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781108866941.013
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  • New Mexico
  • Herbert M. Kritzer
  • Book: Judicial Selection in the States
  • Online publication: 06 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781108866941.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • New Mexico
  • Herbert M. Kritzer
  • Book: Judicial Selection in the States
  • Online publication: 06 April 2020
  • Chapter DOI: https://doi.org/10.1017/9781108866941.013
Available formats
×