Clark v. Mitchell

OPINION

MAES, Senior Justice.

{1} In this case we are once again called upon to interpret the 1988 amendments to the New Mexico Constitution governing judicial selection. The question before the Court is whether Article VI, Section 33 of the New Mexico Constitution prohibits a district judge who loses a nonpartisan retention election from being appointed to fill the resulting vacancy created by that judge’s nonretention. We hold that the New Mexico Constitution does not prohibit a judicial nominating commission from considering and nominating, or the governor from appointing, an otherwise…