Constitutional Amendment 3 - Judicial Nominating Commission Amendment

Summary

This measure would amend amend Article 6, section 35 of the Constitution of New Mexico by allowing the dean of the University of New Mexico School of Law to appoint a designee to the Judicial Nominating Commission.

A yes vote supports authorizing a designee of the dean of the University of New Mexico Law School to serve as chair of the judicial nomination commission and requiring the designee to be an associate dean, a faculty member, a retired faculty member, or a former dean of the law school.

A no vote opposes authorizing a designee of the dean of the University of New Mexico Law School to serve as chair of the judicial nomination commission and requiring the designee to be an associate dean, a faculty member, a retired faculty member, or a former dean of the law school.

Arguments

"The dean of the University of New Mexico School of Law is not uniquely qualified to serve as chair of the Appellate Judges Nominating Commission. The role of chair of the Appellate Judges Nominating Commission is primarily administrative. The Rules Governing Judicial Nominating Commissions outline the role of the chair and task the chair with the duties of announcing the existence of a judicial vacancy to the public and members of the commission, scheduling meetings of the commission and providing the media with notice of the meetings, preparing application packets and preparing agendas for meetings. These are not tasks that require the legal mind of the dean of a school of law, but even if they were, this proposed amendment ensures that there will be an esteemed legal scholar serving as chair of the commission. The dean may only designate an associate dean, a faculty member, a retired faculty member or a former dean of the University of New Mexico School of Law to serve as chair. Each of those categories of potential designees will include many people who are qualified to serve as chair of the Appellate Judges Nominating Commission. " - New Mexico Legislature's Summary of and Arguments for & Against, in support of Constitutional Amendment 3 (Learn more)

"Could remove one of New Mexico's most prominent legal scholars from the judicial appointment process. The Appellate Judges Nominating Commission serves a vital role in New Mexico's judicial system by vetting and nominating candidates for the most prominent judicial positions in the state. The dean of the University of New Mexico School of Law has a unique level of legal experience that makes the dean an important resource during the commission's vetting process. Furthermore, the dean is tapped into New Mexico's legal community by virtue of being the head of the state's only law school. The dean's connections in the legal community could provide insight into the careers and backgrounds of the applicants that the commission vets. If the dean of the University of New Mexico School of Law does not serve as the chair of the Appellate Judges Nominating Commission, the commission will lose a very valuable resource. " - New Mexico Legislature's Summary of and Arguments For & Against, in opposition to Constitutional Amendment 3 (Learn more)

"Proposition 34 is sponsored by the billionaire landlords who control the California Apartment Association (CAA). This initiative is a wolf in sheep's clothing. It has only one purpose: to prevent AIDS Healthcare Foundation (AHF) from promoting rent control. It claims to protect patients, but its real intent is to stop AHF from putting tenant protections on the ballot." - California Voter Information Guide, in opposition to Constitutional Amendment 3 (Learn more)

"The dean of the University of New Mexico School of Law is already entrusted to designate members of several important commissions. The dean of the University of New Mexico School of Law is already permitted to have a designee for important commissions, including the New Mexico Sentencing Commission and the New Mexico Compilation Commission. The dean is also required to appoint three members to the Public Defender Commission. Each of these commissions have functioned adequately without requiring the dean to attend every meeting. Since the dean of the University of New Mexico School of Law has been entrusted to make good decisions on the membership of important commissions for decades, there should be no harm in allowing the dean to designate someone as the chair of the Appellate Judges Nominating Commission. " - New Mexico Legislature's Summary of and Arguments For & Against, in support of Constitutional Amendment 3 (Learn more)

Measure Details