Like in many states, New Mexico provides that its primary general jurisdiction court (District Court) has appellate jurisdiction over the lower, limited jurisdiction courts in the state. And like in most states, New Mexico, has a provision that requires all appeals from the lower courts go to the District Court first (Art. VI, Sec. 1).

The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law, and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts…

Other states, however, allow at least some appeals from limited jurisdiction courts to bypass the general jurisdiction court and go directly to an intermediate appellate court.

SJR 1 of 2012 looks to move New Mexico into the latter category, by modifying the above constitutional provision to allow for at least some cases to go from New Mexico’s Municipal, Magistrate, Probate, and/or Metropolitan Courts directly to the state’s Court of Appeal (and possibly the Supreme Court).

The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law, and appellate jurisdiction of cases originating in inferior courts as provided by law…

The bill is currently in the Senate Rules Committee.

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