State ex rel. King v. Raphaelson

Summary

The New Mexico Supreme Court held that a district judge elected to succeed a predecessor serves the remainder of the predecessor's original six-year term rather than beginning a new six-year term. Applying this interpretation, the Court concluded that Judge Sheri Raphaelson was properly subject to retention election in 2014 and that her failure to receive the required 57 percent approval resulted in the vacancy of her office effective January 1, 2015. The Court upheld its writ of quo warranto removing her from office.

Holdings

1. Under Article VI, Sections 33, 35, and 36 of the New Mexico Constitution, a judge elected in a partisan election after an interim appointment succeeds the predecessor and holds office only until expiration of the predecessor's original term; the election does not begin a new six-year term.
2. Raphaelson was properly subject to retention in the 2014 general election, and her failure to receive 57 percent of the votes in favor of retention caused her office to become vacant on January 1, 2015.

Questions Presented

1. Whether a district judge appointed to fill a vacancy and subsequently elected in a partisan election begins a new six-year term upon that election or serves only the remainder of the predecessor's original term.
2. Whether Raphaelson was properly subject to a retention election in 2014 and, after failing to obtain 57 percent approval, was required to leave office on January 1, 2015.

Disposition

writ_granted