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The New Mexico Court of Appeals (in case citation, N.M. Ct. App.) is the intermediate-level appellate court for the state of New Mexico.
History
The court of appeals was created by a constitutional amendment submitted to the electorate in a special election held on September 28, 1965. The original enabling legislation established a court consisting of four judges. The court was expanded to five judges in 1972 and seven judges in 1978. In 1991, it was again expanded to ten judges, where it remains today.
Jurisdiction
The court has general appellate jurisdiction over the state district courts and certain state agencies. The only exceptions to this grant of jurisdiction are:
- criminal cases in which the death penalty or life imprisonment is sought,
- Appeals from the Public Regulation Commission, and
- Cases involving the writ of habeas corpus.
These cases are directly reviewed by the New Mexico Supreme Court.
Composition
Ten judges sit on the court, each with their own paralegal and law clerk. However, the Court is moving towards a two-law clerk system.
Judge | Born | Joined | Term ends | Party affiliation | Appointed by | Law school |
---|---|---|---|---|---|---|
Jennifer Attrep, Chief Judge | 1977 or 1978 (age 46–47) | January 19, 2018 | 2024 | Democratic | Susana Martinez (R) | Virginia |
J. Miles Hanisee | 1967 or 1968 (age 56–57) | December 2012 | 2026 | Republican | Susana Martinez (R) | Pepperdine |
Kristina Bogardus | 1954 or 1955 (age 69–70) | January 1, 2019 | 2026 | Democratic | — | New Mexico |
Jacqueline Medina | 1963 or 1964 (age 60–61) | January 1, 2019 | 2028 | Democratic | — | New Mexico |
Megan Duffy | 1978 or 1979 (age 45–46) | January 1, 2019 | 2024 | Democratic | — | New Mexico |
Zachary Ives | 1972 or 1973 (age 51–52) | January 31, 2019 | 2028 | Democratic | Michelle Lujan Grisham (D) | New Mexico |
Shammara Henderson | 1982 or 1983 (age 41–42) | March 1, 2020 | 2024 | Democratic | Michelle Lujan Grisham (D) | New Mexico |
Jane Yohalem | 1949 or 1950 (age 74–75) | July 29, 2020 | 2030 | Democratic | Michelle Lujan Grisham (D) | New Mexico |
Gerald Baca | 1961 or 1962 (age 62–63) | March 19, 2021 | 2030 | Democratic | Michelle Lujan Grisham (D) | New Mexico |
Katherine A. Wray | 1978 or 1979 (age 45–46) | September 23, 2021 | 2030 | Democratic | Michelle Lujan Grisham (D) | New Mexico |
References
- Donnelly & Minzner, History of the Court of Appeals, 22 N.M. L. Rev. 595, 597 (1992), available at http://digitalrepository.unm.edu/nmlr/vol22/iss3/2/
- Donnelly & Minzner, 24 N.M. L. Rev. at 605; see also 1972 N.M. Laws ch. 32, sections 1-2.
- Donnelly & Minzner, 22 N.M. L. Rev. at 607; see also 1978 N.M. Laws ch. 25.
- see Donnelly & Minzner, 22 N.M. L. Rev. at 613; see also 1990 N.M. Laws ch. 35.
- See N.M. Const. Art. XI, section 2 ("Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court.").
- "Court of Appeals - Judges". New Mexico Courts - The Judicial Branch of New Mexico.
- ^ "Court of Appeals candidate biographies". Santa Fe New Mexican. October 11, 2018.
- "New Mexicans to decide who fills vacant Court of Appeals seat". Santa Fe New Mexican. October 15, 2020.
- Leggett, Shellye (February 17, 2020). "First African American appointed to New Mexico Court of Appeals". KOAT 7 Action News.
- Haywood, Phaedra (June 27, 2020). "New appeals judge has had large influence on how state's laws are applied". Santa Fe New Mexican.
- "New Mexico governor appoints judge to court of appeals". KOB 4. March 21, 2021.
- Wyland, Scott (October 25, 2022). "Candidate Q&As: Appeals Court Position 2". Santa Fe New Mexican.
External links
State intermediate appellate courts in the United States | ||
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Delaware, the District of Columbia, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, and Wyoming do not have intermediate appellate courts. |
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