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New Mexico Supreme Court justice vacancy (June 2021)

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New Mexico Supreme Court
State-Supreme-Courts-Ballotpedia.png
Vigil vacancy
Date:
June 30, 2021
Status:
Seat filled
Nomination
Nominee:
Briana Zamora
Date:
July 16, 2021

New Mexico Gov. Michelle Lujan Grisham (D) appointed Briana Zamora to the New Mexico Supreme Court on July 16, 2021.[1] Zamora succeeded Justice Barbara J. Vigil, who retired on June 30, 2021.[2] Zamora was Gov. Lujan Grisham's fourth nominee to the five-member supreme court.

Under New Mexico law at the time of the vacancy, midterm state supreme court vacancies were filled through assisted gubernatorial appointment, where the governor would select a nominee based on recommendations from a judicial nominating commission. Appointees would serve until the next general election, in which they must participate in a partisan election to remain on the bench for the remainder of the unexpired term.[3][2]

Ballotpedia has compiled the following resources on the process to fill the New Mexico Supreme Court vacancy:

The appointee

See also: Briana H. Zamora
Briana Zamora.jpeg

Zamora began serving as a judge in 2009. Zamora served on the New Mexico Court of Appeals from 2018 until her appointment to the state supreme court. She served as a district court judge from 2013 to 2018 and as a metro court judge from 2009 to 2013. Prior to becoming a judge, Zamora worked as an attorney in private practice, as an assistant state attorney general, and as an assistant district attorney.[1]

Zamora earned an undergraduate degree in government and psychology from New Mexico State University and a J.D., with honors, from the University of New Mexico School of Law.[1]

Appointee candidates and nominations

Finalists

On June 17, the New Mexico Supreme Court Judicial Nominating Commission recommended the following three finalists to Gov. Lujan Grisham:[4]

Applicants

The New Mexico Supreme Court Judicial Nominating Commission considered the following seven applicants to fill the vacancy:[5]

The selection process

See also: Judicial selection in New Mexico

At the time of the vacancy, New Mexico Supreme Court justices were chosen by assisted gubernatorial appointment in the event of a midterm vacancy. The governor selected a nominee based on recommendations from the Supreme Court Judicial Nominating Commission. A new appointee had to stand in the next partisan election after his or her appointment. Nakamura's successor needed to run for election in 2022 to remain on the bench.

Subsequent terms were acquired in uncontested retention elections wherein sitting justices must receive 57 percent of the vote to retain their seat.[3]

Judicial nominating commission

At the time of the vacancy, there were 15 separate judicial nominating commissions that screen applicants for the appellate, district, and metropolitan courts in New Mexico. The commissions were created by Article IV, Sections 35, 36, and 37, of the New Mexico Constitution.

Section 35 details the makeup of the appellate judges nominating commission. It provides that the commission shall achieve partisan political parity. Under Section 35, the New Mexico Supreme Court Judicial Nominating Commission would consist of:

  • the chief justice of the supreme court or a designee appointed by the chief justice.
  • two New Mexico Court of Appeals judges appointed by the court of appeals chief judge.
  • three attorneys, one each nominated by the governor, the speaker of the state House, and the state Senate president pro tempore.
  • three non-attorneys, one each nominated by the governor, the speaker of the state House, and the state Senate president pro tempore.
  • the dean of the University of New Mexico School of Law. The dean serves as the commission chair and only casts tie-breaking votes.
  • four attorneys appointed by the president of the New Mexico Bar and the commission judges.

Click here to see a list of current nominating commission members as of September 16, 2020.

Makeup of the court

See also: New Mexico Supreme Court

Justices

Following Vigil's retirement, the New Mexico Supreme Court included the following members:

Julie Vargas Appointed by Gov. Michelle Lujan Grisham (D) in 2020
Michael E. Vigil Elected in 2018
David Thomson Appointed by Gov. Michelle Lujan Grisham (D) in 2019
Shannon Bacon Appointed by Gov. Michelle Lujan Grisham (D) in 2019

About the court

Founded in 1912, the New Mexico Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is David Thomson.

As of September 2021, one judge was elected in a partisan election as a Democrat, and four judges were appointed by a Democratic governor.

The New Mexico Supreme Court meets in the Supreme Court Building in Santa Fe, New Mexico.[6] The court's year-long term begins in January.[7]

In New Mexico, state supreme court justices are elected in partisan elections. There are eight states that use this selection method. To read more about the partisan election of judges, click here.

About Justice Vigil

See also: Barbara J. Vigil
Barbara Vigil.jpeg

Justice Vigil joined the New Mexico Supreme Court on December 7, 2012. She was elected to the court in the November 2012 general election. She served as the court's chief justice from 2014 to 2016 after being unanimously elected to the position by her fellow justices.[8]

Prior to her election to the supreme court, Vigil served from 2000 to 2012 as a district judge and chief judge on the New Mexico First Judicial District Court. She practiced law in Santa Fe before becoming a judge.[8]

Vigil earned a bachelor's degree in accounting from New Mexico State University and a J.D. from the University of New Mexico School of Law.[8]

Other state supreme court appointments in 2021

See also: State supreme court vacancies, 2021

The following table lists vacancies on state supreme courts that opened in 2021. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2020.

2021 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
South Dakota Supreme Court January 5, 2021 David Gilbertson Retirement October 28, 2020 Scott P. Myren
Colorado Supreme Court January 22, 2021 Nathan Coats Retirement November 20, 2020 Maria Berkenkotter
Oklahoma Supreme Court February 1, 2021 Tom Colbert Retirement July 26, 2021 Dana Kuehn
Missouri Supreme Court March 8, 2021 Laura Denvir Stith Retirement May 24, 2021 Robin Ransom
New York Supreme Court March 23, 2021 Paul G. Feinman Retirement June 8, 2021 Anthony Cannataro
Arizona Supreme Court April 1, 2021 Andrew W. Gould Retirement July 8, 2021 Kathryn Hackett King
New York Supreme Court June 4, 2021 Leslie Stein Retirement June 8, 2021 Madeline Singas
Texas Supreme Court June 11, 2021 Eva Guzman Retirement November 1, 2021 Evan Young
Alaska Supreme Court June 30, 2021 Joel Bolger Retirement July 7, 2021 Jennifer Stuart Henderson
Idaho Supreme Court June 30, 2021 Roger Burdick Retirement June 1, 2021 Colleen Zahn
New Mexico Supreme Court June 30, 2021 Barbara J. Vigil Retirement July 16, 2021 Briana Zamora
Georgia Supreme Court July 1, 2021 Harold Melton Retirement July 20, 2021 Verda Colvin
Maryland Court of Appeals September 10, 2021 Mary Ellen Barbera Retirement September 3, 2021 Steven Gould
Tennessee Supreme Court September 24, 2021 Cornelia Clark Death January 12, 2021 Sarah Campbell
California Supreme Court October 31, 2021 Mariano-Florentino Cuéllar Retirement February 15, 2022 Patricia Guerrero
New Jersey Supreme Court December 31, 2021 Jaynee LaVecchia Retirement March 15, 2021 Rachel Wainer Apter
New York Supreme Court December 31, 2021 Eugene Fahey Retirement November 23, 2021 Shirley Troutman
Oregon Supreme Court December 31, 2021 Lynn Nakamoto Retirement January 19, 2022 Roger J. DeHoog
Vermont Supreme Court November 1, 2021 Beth Robinson Retirement February 25, 2022 Nancy Waples


See also

New Mexico Judicial Selection More Courts
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Courts in New Mexico
New Mexico Court of Appeals
New Mexico Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in New Mexico
Federal courts
State courts
Local courts

External links

Footnotes