AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In 2009, Governor Bill Richardson appointed District Judge Sheri Raphaelson to fill a vacancy in the First Judicial District Court, following the appointment of the previous judge to the New Mexico Court of Appeals. Judge Raphaelson ran in a partisan election in 2010 to remain in office, succeeding the previous judge's term. In 2014, she filed for retention but did not receive the required percentage of votes to retain her position. Despite the election results, Judge Raphaelson declared her intent to remain in office until January 1, 2017, arguing that her six-year term began after her 2010 election, not from the start of her predecessor's term.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner (State of New Mexico, through the Office of the Attorney General): Argued that Judge Raphaelson was correctly up for retention in the 2014 general election and, having failed to secure the necessary votes, must vacate her position by January 1, 2015.
• Respondent (Judge Sheri Raphaelson): Contended that her six-year term began after her 2010 partisan election, making her retention election in 2014 premature and her term not expiring until December 31, 2016.

Legal Issues

• Whether a judge elected in a partisan election to fill a vacancy should serve the remainder of the predecessor's term or start a new six-year term.
• Whether Judge Raphaelson was correctly up for retention in the 2014 general election.

Disposition

• The petition for writ of quo warranto filed by the State of New Mexico was granted, removing Judge Raphaelson from judicial office effective January 1, 2015.

Reasons

• Per BOSSON, Justice (VIGIL, C.J., MAES, CHÁVEZ, and DANIELS, JJ., concurring): The Court held that under the New Mexico Constitution, a judge elected in a partisan election to fill a vacancy is subject to retention in the sixth year of the predecessor judge’s term, not the beginning of a new six-year term. This interpretation aligns with the intent and purpose of the New Mexico Constitution and the historical practice of uniform retention elections for judges. The Court found that Judge Raphaelson's term began with her predecessor's term and ended in 2014, making her retention election in 2014 appropriate. The failure to secure the required votes for retention meant her office became vacant on January 1, 2015. The Court's analysis was based on the constitutional text, historical practices, and the purpose behind the judicial selection system amendments in 1988, emphasizing uniformity and consistency in judicial terms and retention elections (paras 1-32).