A constitutional amendment discussed here to give the New Mexico legislature more discretion in setting the appellate jurisdiction of the state’s courts in general, and the District Court in particular, is heading to the 2018 ballot.
Currently the state’s constitution has three particular provisions when it comes to appeals
- District Court cases involving sentences of death or life imprisonment go directly to the state’s Supreme Court (Art. 6, Sec. 2).
- The District Courts themselves have “appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts.” (Art. 6, Sec. 13)
- Finally, the constitution provides “Appeals shall be allowed in all cases from the final judgments and decisions of the probate courts and other inferior courts to the district courts, and in all such appeals, trial shall be had de novo unless otherwise provided by law.” (Art. 6, Sec. 27)
SJR 1 as approved by the House addresses items 2 and 3.
- The provision for death/life imprisonment cases going directly to the Supreme Court would remain. The Senate wanted remove the direct-to-the-Supreme-Court provision but the House struck that change.
- District Courts would not have appellate jurisdiction over “all” cases originating in inferior courts and tribunals in their respective district.
- The provision that probate/inferior court appeals go “to the district courts, and in all such appeals, trial shall be had de novo” would be struck.
SJR 1 now goes to the ballot in November 2018.