N.M. Sup. Gen. R. 23-109.1

As amended through August 23, 2024

Rule 23-109.1 - Chief Judge of the Court of Appeals

A.Selection; term; vacancies for unexpired terms.

(1) The New Mexico Court of Appeals shall have a chief judge. The chief judge of the Court of Appeals shall be selected in the manner provided by this rule. The chief judge of the Court of Appeals shall be selected by a majority of the sitting judges in the Court of Appeals who have been duly appointed or elected and taken the oath of office. In the event of a tie vote, the senior judge among those who are tied shall be the chief judge.

(2) Effective December 31, 2023, upon the expiration of the term of a sitting chief judge in the Court of Appeals, the next election for the chief judge of the Court of Appeals shall be for a term of at least two (2) years, with said term to expire on May 15. Thereafter, every two (2) years, the election of a chief judge for the Court of Appeals shall take place on or before April 15 for a two (2)-year term to begin on May 15.

(3) In the event of a vacancy before the expiration of a term for a chief judge, the vacancy shall be filled as follows:

(a) If the remainder of the term of the vacancy is less than one (1) year, an election shall be held to elect a new chief judge to serve the remainder of the term plus a new two (2)-year term;

(b) If the remainder of the term of the vacancy is more than one (1) year, an election shall be held to elect a new chief judge to serve the remainder of the term and, at the expiration of that term, an election shall be held to elect a chief judge for a new two (2)-year term; and

(c) The Chief Justice may appoint an acting chief judge until a new chief judge is elected to serve the remainder of an unexpired term under this subparagraph.

B.Duties and Responsibilities. The chief judge of the Court of Appeals shall have the administrative responsibility for the Court of Appeals and shall

(1) administer established policy concerning the court's internal operations;

(2) call and preside over regular and special meetings of the judges;

(3) appoint standing and special committees as may be advisable to assist in the proper performance of the duties and functions of the court;

(4) designate one of the judges to act during the chief judge's temporary absence or inability to act;

(5) exercise responsibility as the administrative authority in accordance with the provisions of law and the New Mexico Judicial Branch Personnel Rules and ensure the enforcement of those rules;

(6) exercise general supervision, coordination, and direction of business of the court;

(7) supervise performance of the court's administrative office;

(8) supervise court finances, including financial planning and preparation, and presentation of court budgets;

(9) coordinate the use of space, equipment, and facilities of the court;

(10) assign, reassign, or consolidate cases among the several judges as equitably as possible. Cases shall be assigned by random selection designed so that each judge will receive substantially the same number and type of cases. If a judge is unable to administer the cases assigned to such judge within a reasonable time, or if there are other justifiable reasons, the chief judge, in consultation with the other judges, may reassign cases to other judges;

(11) prepare an orderly plan of vacations for all court personnel, and for attendance at schools, conferences, and workshops for judges and other court personnel;

(12) provide an orientation program for new judges as soon as possible after their election or appointment;

(13) provide for liaison between the court and other governmental or civic agencies;

(14) when appropriate, meet with or designate a judge or judges to meet with committees of the bench, bar, news media, or community to review problems and to promote understanding of the administration of justice;

(15) implement and monitor compliance with all policies, rules, and regulations issued by the Supreme Court; and

(16) perform such other administrative and substantive functions as are necessary for the efficient operations of the court on a day-to-day basis.

C.Reporting. The chief judge shall advise the Chief Justice of the failure or refusal of any judge of such court to comply with the Code of Judicial Conduct or an established policy, rule, or regulation of such court or the Supreme Court.

N.M. Sup. Gen. R. 23-109.1

Adopted by Supreme CourtOrder No. S-1-RCR-2023-00039, effective 12/31/2023.