New Mexico Court of Appeals

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.

New Mexico Court of Appeals entrance in the Supreme Court Building

History

The court of appeals was created by a constitutional amendment submitted to the electorate in a special election held on September 28, 1965.^[1] The original enabling legislation established a court consisting of four judges.^[2] The court was expanded to five judges in 1972^[3] and seven judges in 1978. In 1991, it was again expanded to ten judges, where it remains today.^[4]

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,^[5]
• 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[6]	Born	Joined	Term ends[a]	Party affiliation	Appointed by	Law school
Jennifer Attrep, Chief Judge	1977 or 1978 (age 46–47)[7]	January 19, 2018	2024	Democratic	Susana Martinez (R)	Virginia
J. Miles Hanisee	1967 or 1968 (age 56–57)[7]	December 2012	2026	Republican	Susana Martinez (R)	Pepperdine
Kristina Bogardus	1954 or 1955 (age 69–70)[7]	January 1, 2019	2026	Democratic	—[b]	New Mexico
Jacqueline Medina	1963 or 1964 (age 60–61)[7]	January 1, 2019	2028	Democratic	—[b]	New Mexico
Megan Duffy	1978 or 1979 (age 45–46)[7]	January 1, 2019	2024	Democratic	—[b]	New Mexico
Zachary Ives	1972 or 1973 (age 51–52)[8]	January 31, 2019	2028	Democratic	Michelle Lujan Grisham (D)	New Mexico
Shammara Henderson	1982 or 1983 (age 41–42)[9]	March 1, 2020	2024	Democratic	Michelle Lujan Grisham (D)	New Mexico
Jane Yohalem	1949 or 1950 (age 74–75)[10]	July 29, 2020	2030	Democratic	Michelle Lujan Grisham (D)	New Mexico
Gerald Baca	1961 or 1962 (age 62–63)[11]	March 19, 2021	2030	Democratic	Michelle Lujan Grisham (D)	New Mexico
Katherine A. Wray	1978 or 1979 (age 45–46)[12]	September 23, 2021	2030	Democratic	Michelle Lujan Grisham (D)	New Mexico

1. Terms end on December 31.
2. Took office after being elected in a partisan election.

References

1. 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/
2. Donnelly & Minzner, 24 N.M. L. Rev. at 605; see also 1972 N.M. Laws ch. 32, sections 1-2.
3. Donnelly & Minzner, 22 N.M. L. Rev. at 607; see also 1978 N.M. Laws ch. 25.
4. see Donnelly & Minzner, 22 N.M. L. Rev. at 613; see also 1990 N.M. Laws ch. 35.
5. 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.").
6. "Court of Appeals - Judges". New Mexico Courts - The Judicial Branch of New Mexico.
7. "Court of Appeals candidate biographies". Santa Fe New Mexican. October 11, 2018.
8. "New Mexicans to decide who fills vacant Court of Appeals seat". Santa Fe New Mexican. October 15, 2020.
9. Leggett, Shellye (February 17, 2020). "First African American appointed to New Mexico Court of Appeals". KOAT 7 Action News.
10. Haywood, Phaedra (June 27, 2020). "New appeals judge has had large influence on how state's laws are applied". Santa Fe New Mexican.
11. "New Mexico governor appoints judge to court of appeals". KOB 4. March 21, 2021.
12. Wyland, Scott (October 25, 2022). "Candidate Q&As: Appeals Court Position 2". Santa Fe New Mexican.

External links

• Official homepage of the New Mexico Court of Appeals