9 - New Mexico

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.