New Mexico Supreme Court

From Ballotpedia
Jump to: navigation, search
New Mexico Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 5
Founded: 1912
Location: Santa Fe, New Mexico
Salary
Associates: $232,606[1]
Judicial Selection
Method: Partisan election
Term: 8 years
Active justices
 

Founded in 1912, the New Mexico Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Shannon Bacon.

As of September 2021, one judge was elected in a partisan election as a Democrat, and four judges were appointed by a Democratic governor.

The New Mexico Supreme Court meets in the Supreme Court Building in Santa Fe, New Mexico.[2] The court's year-long term begins in January.[3]

In New Mexico, state supreme court justices are elected in partisan elections. There are eight states that use this selection method. To read more about the partisan election of judges, click here.

Jurisdiction

The New Mexico Supreme Court has mandatory appellate jurisdiction over cases involving life sentence and death penalty appeals, Public Regulation Commission appeals, and appeals regarding election challenges. The court has discretionary appellate jurisdiction to grant writs of certiorari to review judgments of the New Mexico Court of Appeals, and it has superintending control over lower courts.[4][5]

The supreme court also performs statewide oversight of the judiciary, including putting forth rules and procedures to be followed by all courts. The court oversees and appoints members to certain boards, committees, and commissions and supervises judges and the bar. The supreme court is responsible for admission and regulation of attorneys and judges, including requirements for legal education and for imposing discipline with both groups.[6]

The following text from Article VI, Sections 2 and 3 of the New Mexico Constitution covers the jurisdiction of the court:

Supreme Court; Appellate Jurisdiction

Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court. In all other cases, criminal and civil, the supreme court shall exercise appellate jurisdiction as may be provided by law; provided that an aggrieved party shall have an absolute right to one appeal.

Supreme Court; Original Jurisdiction; Supervisory Control; Extraordinary Writs

The supreme court shall have original jurisdiction in quo warranto and mandamus against all state officers, boards and commissions, and shall have a superintending control over all inferior courts; it shall also have power to issue writs of mandamus, error, prohibition, habeas corpus, certiorari, injunction and all other writs necessary or proper for the complete exercise of its jurisdiction and to hear and determine the same. Such writs may be issued by direction of the court, or by any justice thereof. Each justice shall have power to issue writs of habeas corpus upon petition by or on behalf of a person held in actual custody, and to make such writs returnable before himself or before the supreme court, or before any of the district courts or any judge thereof.[7]

New Mexico Constitution, Article VI, Sections 2 and 3

Justices

The table below lists the current justices of the New Mexico Supreme Court, their political party, and when they assumed office.

 padding-left: 10px !important;
 padding-right: 10px !important;

} } .partytd.Democratic { background-color: #003388; color: white; text-align: center; } .partytd.Republican { background-color: #db0000; color: white; text-align: center; } .partytd.Libertarian { background-color: #fdd007; text-align: center; } .partytd.Green { background-color: #6db24f; color: white; text-align: center; } .partytd.Gray { text-align: center; } .bptable.gray th { background:#4c4c4c;color:#fff; }


Office Name Party Date assumed office
New Mexico Supreme Court Shannon Bacon Democratic February 4, 2019
New Mexico Supreme Court David K. Thomson Democratic February 4, 2019
New Mexico Supreme Court Julie Vargas Democratic January 25, 2021
New Mexico Supreme Court Michael E. Vigil Democratic December 31, 2018
New Mexico Supreme Court Briana H. Zamora Democratic August 9, 2021


Judicial selection

See also: Judicial selection in New Mexico

The five justices of the New Mexico Supreme Court are chosen through partisan elections. After serving for one year, the appointed justice must win the first partisan general election after their appointment to serve the remainder of the unexpired term. Justices serve eight-year terms.[8] To serve additional terms, justices must receive at least 57% of the vote in a retention election.[8]

Qualifications

To serve on the supreme court, a person must:

  • be at least 35 years old;
  • have practiced law for ten years before assuming office; and
  • have been a New Mexico resident for three years before assuming office.[9]

Chief justice

The chief justice of the supreme court is selected by a peer vote of the justices to serve a two-year term. The chief justice must have been elected to the court, not appointed to fill a vacancy.[10]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a justice from a list of qualified candidates recommended by a judicial nominating commission. The appointed judge will serve until the first general election held one year after their appointment. The appointee must run in that general election to serve the remainder of the unexpired term.[11]

The map below highlights how vacancies are filled in state supreme courts across the country.


Elections

See also: New Mexico Supreme Court elections

2024

See also: New Mexico Supreme Court elections, 2024

The term of one New Mexico Supreme Court justice will expire on December 31, 2024. The one seat was up for retention election on November 5, 2024. The filing deadline for retention candidates was June 27, 2024.

Candidates and results

Zamora's seat

New Mexico Supreme Court

Briana H. Zamora was retained to the New Mexico Supreme Court on November 5, 2024 with 70.6% of the vote.

Retention
 Vote
%
Votes
Yes
 
70.6
 
518,987
No
 
29.4
 
215,856
Total Votes
734,843

2022

See also: New Mexico Supreme Court elections, 2022

Candidates and results

Vargas' seat

General election

General election for New Mexico Supreme Court

Incumbent Julie Vargas defeated Thomas Montoya in the general election for New Mexico Supreme Court on November 8, 2022.

Candidate
%
Votes
Image of Julie Vargas
Julie Vargas (D)
 
52.7
 
366,369
Silhouette Placeholder Image.png
Thomas Montoya (R)
 
47.3
 
328,475

Total votes: 694,844
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

Democratic primary for New Mexico Supreme Court

Incumbent Julie Vargas advanced from the Democratic primary for New Mexico Supreme Court on June 7, 2022.

Candidate
%
Votes
Image of Julie Vargas
Julie Vargas
 
100.0
 
114,820

Total votes: 114,820
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for New Mexico Supreme Court

Thomas Montoya advanced from the Republican primary for New Mexico Supreme Court on June 7, 2022.

Candidate
%
Votes
Silhouette Placeholder Image.png
Thomas Montoya
 
100.0
 
90,934

Total votes: 90,934
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Zamora's seat

General election

General election for New Mexico Supreme Court

Incumbent Briana H. Zamora defeated Kerry Morris in the general election for New Mexico Supreme Court on November 8, 2022.

Candidate
%
Votes
Image of Briana H. Zamora
Briana H. Zamora (D)
 
54.2
 
375,836
Image of Kerry Morris
Kerry Morris (R)
 
45.8
 
318,215

Total votes: 694,051
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

Democratic primary for New Mexico Supreme Court

Incumbent Briana H. Zamora advanced from the Democratic primary for New Mexico Supreme Court on June 7, 2022.

Candidate
%
Votes
Image of Briana H. Zamora
Briana H. Zamora
 
100.0
 
114,245

Total votes: 114,245
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for New Mexico Supreme Court

Kerry Morris advanced from the Republican primary for New Mexico Supreme Court on June 7, 2022.

Candidate
%
Votes
Image of Kerry Morris
Kerry Morris
 
100.0
 
91,298

Total votes: 91,298
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Vigil's seat

New Mexico Supreme Court

Michael E. Vigil was retained to the New Mexico Supreme Court on November 8, 2022 with 69.3% of the vote.

Retention
 Vote
%
Votes
Yes
 
69.3
 
408,573
No
 
30.7
 
180,965
Total Votes
589,538


2020

See also: New Mexico Supreme Court elections, 2020

Candidates and election results

Bacon's seat

General election

General election for New Mexico Supreme Court

Incumbent Shannon Bacon defeated Ned S. Fuller in the general election for New Mexico Supreme Court on November 3, 2020.

Candidate
%
Votes
Image of Shannon Bacon
Shannon Bacon (D)
 
55.7
 
495,759
Image of Ned S. Fuller
Ned S. Fuller (R)
 
44.3
 
394,595

Total votes: 890,354
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

Democratic primary for New Mexico Supreme Court

Incumbent Shannon Bacon advanced from the Democratic primary for New Mexico Supreme Court on June 2, 2020.

Candidate
%
Votes
Image of Shannon Bacon
Shannon Bacon
 
100.0
 
204,196

Total votes: 204,196
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for New Mexico Supreme Court

Ned S. Fuller advanced from the Republican primary for New Mexico Supreme Court on June 2, 2020.

Candidate
%
Votes
Image of Ned S. Fuller
Ned S. Fuller
 
100.0
 
133,706

Total votes: 133,706
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Thompson's seat

General election

General election for New Mexico Supreme Court

Incumbent David K. Thomson defeated Kerry Morris in the general election for New Mexico Supreme Court on November 3, 2020.

Candidate
%
Votes
Image of David K. Thomson
David K. Thomson (D)
 
54.2
 
480,507
Image of Kerry Morris
Kerry Morris (R)
 
45.8
 
406,791

Total votes: 887,298
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Watch the Candidate Conversation for this race!

Democratic primary election

Democratic primary for New Mexico Supreme Court

Incumbent David K. Thomson advanced from the Democratic primary for New Mexico Supreme Court on June 2, 2020.

Candidate
%
Votes
Image of David K. Thomson
David K. Thomson
 
100.0
 
201,767

Total votes: 201,767
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for New Mexico Supreme Court

Kerry Morris advanced from the Republican primary for New Mexico Supreme Court on June 2, 2020.

Candidate
%
Votes
Image of Kerry Morris
Kerry Morris
 
100.0
 
132,763

Total votes: 132,763
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.


2018

See also: New Mexico Supreme Court elections, 2018

Candidates and results

Clingman's seat

General election candidates

Justices not on the ballot

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached each year.[12][13][14]

New Mexico Supreme Court caseload data
Year Filings Dispositions
2022-2023 525 547
2021-2022 554 549
2020-2021 509 536
2019-2020 591 650
2018-2019 666 636
2017-2018 577 825
2016-2017 567 567
2015-2016 587 597
2014-2015 576 572
2013-2014 562 533
2012-2013 532 516
2011-2012 597 580
2010-2011 621 662
2009-2010 671 749
2008-2009 601 658
2007-2008 701 767
2006-2007 609 647

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 5
  • Number of cases: 23
  • Percentage of cases with a unanimous ruling: 87.0% (20)
  • Justice most often writing the majority opinion: Justice Barbara Vigil (9)
  • Per curiam decisions: 0
  • Concurring opinions: 0
  • Dissenting opinions: 3
  • Justice with most dissenting opinions: Justice Judith Nakamura (3)


For the study's full set of findings in New Mexico, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[15]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[16]

New Mexico had a Court Balance Score of -5.6, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of New Mexico was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, New Mexico received a score of -1.18. Based on the justices selected, New Mexico was the most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[17]

Noteworthy cases

For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Ethics

The New Mexico Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in New Mexico. It is composed of eight rules:

  • 21-100: Titled "A judge shall hold the integrity and independence of the judiciary."
  • 21-200: Dictates that judges should show respect for the law, and sets guidelines for impartiality
  • 21-300: Titled "A judge shall perform the duties of office impartially and diligently."
  • 21-400: Describes a judge's duty to recuse in cases of conflicts of interest
  • 21-500: Titled "A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations."
  • 21-600: Titled "Reporting quasi-judicial and extra-judicial activities and compensation."
  • 21-700: Describes appropriate behavior related to "Elections and political activity."
  • 21-800: Titled "A judge shall refrain from campaign fund-raising activity which has the appearance of impropriety."[18]

The full text of the New Mexico Code of Judicial Conduct can be found here.

Removal of judges

Judges in New Mexico may be removed in one of two ways:

History of the court

The Mexican-American War ended in 1848, and New Mexico became a U.S. territory in 1850. The Compromise of 1850 Act provided for judicial power in the territory, including a supreme court, district courts, probate courts, and justices of the peace. The supreme court was made up of three justices, appointed by the U.S. president, with approval by the U.S. senate, to four-year terms. The territory was divided into three judicial districts and supreme court justices rode circuit, one in each district. The supreme court held chancery and common law jurisdiction, and heard appeals from the district courts.[20]

Disputes over a state constitution, slavery, boundaries, and among territory residents, as well as with those outside the territory, resulted in New Mexico not achieving statehood until 1912.[21] The New Mexico Constitution was also approved in 1912 and remains effective today. In the beginning, the supreme court was comprised of three justices, to be elected by popular vote in partisan elections to eight-year terms. The number of supreme court justices was increased to five in 1929, as allowed by the constitution, and remains so today.[22]

In 1952, the governor created a judicial nominating commission to assist with filling judicial vacancies. This practice was maintained until in 1988 when state voters approved New Mexico Ballot Proposal: Judicial Reform (1988), a constitutional amendment adopting a merit selection process that includes nonpartisan retention elections.[23][24]

Courts in New Mexico

See also: Courts in New Mexico

In New Mexico, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.

Click a link for information about that court type.

The image below depicts the flow of cases through New Mexico's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New Mexico's state court system.

Party control of New Mexico state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

New Mexico has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

New Mexico Party Control: 1992-2024
Seventeen years of Democratic trifectas  •  No Republican trifectas
Scroll left and right on the table below to view more years.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Governor D D D R R R R R R R R D D D D D D D D R R R R R R R R D D D D D D
Senate D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D
House D D D D D D D D D D D D D D D D D D D D D D D R R D D D D D D D D

See also

New Mexico Judicial Selection More Courts
Seal of New Mexico.png
Judicialselectionlogo.png
BP logo.png
Courts in New Mexico
New Mexico Court of Appeals
New Mexico Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in New Mexico
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. New Mexico Courts, "Supreme Court Building Information," accessed September 2, 2021
  3. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 7)
  4. New Mexico Courts, "Court Information," accessed September 20, 2019
  5. New Mexico Courts, "About the Courts," accessed September 20, 2019
  6. Supreme Court, New Mexico Courts,"Court Information and History," accessed June 23, 2024
  7. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. 8.0 8.1 New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 33) Cite error: Invalid <ref> tag; name "nmconst33" defined multiple times with different content
  9. New Mexico Secretary of State, "Constitution," accessed September 2, 2021 (Article VI Section 8)
  10. NMOneSource.com, "Current New Mexico Statutes Annotated 1978," accessed September 2, 2021 (Chapter 34 Article 2)
  11. New Mexico Secretary of State, "Constitution," accessed March 29, 2024 (Article VI Section 35)
  12. New Mexico Courts, "Reports & Policies," accessed September 2, 2021
  13. New Mexico Judiciary, "IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Caseload Report 07/01/2021 to 06/30/2022," accessed September 25, 2024
  14. New Mexico Judiciary, "IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Caseload Report 07/01/2022 to 06/30/2023," accessed September 25, 2024
  15. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  16. The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  17. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  18. New Mexico Judicial Standards Commission, "Code of Judicial Conduct," 2010
  19. American Judicature Society, "Methods of Judicial Selection: New Mexico: Removal of Judges," accessed June 20, 2015
  20. National Archives,"Compromise of 1850," accessed June 23, 2024
  21. Library of Congress,"Territories to Statehood, the Southwest: Topics in Chronicling America," accessed June 23, 2024
  22. Supreme Court, New Mexico Courts,"Court Information and History," accessed June 23, 2024
  23. Supreme Court of New Mexico Judicial Performance Evaluation Commission,"About JPEC," accessed June 23, 2024
  24. Ballotpedia,"Judicial selection in New Mexico," accessed June 23, 2024