Hannett v. Jones

722 P.2d 643, 104 N.M. 392
CourtNew Mexico Supreme Court
DecidedJuly 22, 1986
Docket16353
StatusPublished
Cited by15 cases

This text of 722 P.2d 643 (Hannett v. Jones) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hannett v. Jones, 722 P.2d 643, 104 N.M. 392 (N.M. 1986).

Opinions

OPINION

STOWERS, Justice.

Petitioner George F. Hannett brought an action in district court challenging the qualifications of the real party in interest, Bruce P. Moore, to hold the office of judge of the New Mexico Court of Appeals. Both Hannett and Moore sought the Democratic Party’s nomination as candidate for that office, and both filed declarations of candidacy for their party’s 1986 primary election. Alleging that Moore could not satisfy the residence and practice of law requirements of N.M. Const. art. VI, Sections 8 and 28, Hannett sought an order enjoining respondent Secretary of State, Clara P. Jones, from placing Moore’s name on the primary ballot. Moore responded with a motion for summary judgment upon the pleadings and supporting affidavits.

The district court granted summary judgment in favor of Moore, holding that Moore satisfied the constitutional requirements of at least three years’ actual practice of law and residence in New Mexico, notwithstanding the undisputed fact that he had resided and practiced law outside New Mexico for much of the three-year period immediately preceding the date the judicial office would be taken. Hannett appeals, and we reverse.

N.M. Const. art. VI, Section 28 provides that judges of the Court of Appeals must satisfy the same qualifications as justices of the Supreme Court. N.M. Const. art. VI, Section 8 provides that:

No person shall be qualified to hold the office of justice of the supreme court unless he be at least thirty years old, learned in the law, and shall have been in the actual practice of law and resided in thjs state or the territory of New Mexico, for at least three years. Any person whose time of service upon the bench of any district court of this state or the territory of New Mexico, added to the time he may have practiced law, as aforesaid, shall be equal to three years, shall be qualified without having practiced for the full three years.

It is undisputed that Moore is over thirty years of age and has been licensed to practice law in New Mexico since 1971. He resided and practiced law in New Mexico from 1975 until September 1982, when he moved to Moscow, Idaho, where he resided and practiced law until January 1986. During that period, Moore participated in a number of cases before state and federal courts in New Mexico. After returning to this state, Moore registered to vote in Bernalillo County on January 24, 1986. He filed his declaration of candidacy on April 1, 1986.

The only question presented by this appeal is whether our constitution requires a qualified judge to have been in the actual practice of law and to have resided in the state for at least the three-year period immediately preceding his taking office.

The language of N.M. Const. art. VI, Section 8 may be interpreted as requiring that (1) on the date of taking office, a qualified judge shall have been practicing law and residing in the state continuously for at least three years, or simply that (2) he shall have practiced law and resided in the state at any time during his life for a total of at least three years. Because the language used is ambiguous and its meaning indefinite, we must search out the true meaning and intent of the framers of N.M. Const. art. VI, Section 8. Flaska v. State, 51 N.M. 13, 18, 177 P.2d 174, 177 (1946); see also Mountain States Telephone and Telegraph Co. v. New Mexico State Corporation Commission, 90 N.M. 325, 333-34, 563 P.2d 588, 596-97 (1977); Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 188-89, 6 L.Ed. 23 (1824). We will not interpret constitutional language too literally so as to defeat the general principles of government outlined by the instrument, but will give effect to its spirit and intent where it can be clearly ascertained. Board of County Commissioners v. McCulloh, 52 N.M. 210, 215-16, 195 P.2d 1005, 1008 (1948); State ex rel. Ward v. Romero, 17 N.M. 88, 100, 125 P. 617, 621 (1912); see also McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 414-15 4 L.Ed. 579 (1819).

The framers’ purpose and intent in enacting N.M. Const. art. VI, Section 8, we believe, was twofold. First, they wished to afford voters, who must select among judicial candidates, and the governor, who must nominate appointees to fill vacancies on the bench, a fair opportunity to become acquainted with the judicial candidate’s ability, character, and reputation. Second, they sought to ensure that justice be administered in our courts by judges familiar with the laws and mores of the state. See Hatcher v. Bell, 521 S.W.2d 799, 803-04 (Tenn.1974); see also Hadnott v. Amos, 320 F.Supp. 107, 119-22 (M.D.Ala.1970), aff'd without opinion, 401 U.S. 968, 91 S.Ct. 1189, 28 L.Ed.2d 318 (1971).

In light of the clear purpose behind the enactment of N.M. Const. art. VI, Section 8, we earnestly doubt that the framers intended to authorize the governor to appoint to the appellate bench a person who lived in this state for three years as a child, who practiced law in this state for three years as a young adult, and who then lived in other states employed in other pursuits for several decades before taking office in New Mexico. Nevertheless, Moore argues that the framers of N.M. Const. art. VI, Section 8 merely required the qualified judge to have practiced law and resided in New Mexico at any time for a total of three years. Drawing our attention to two other sections of the constitution which explicitly mandate continuous residence in this state for a number of years “next preceding” or “next prior to” election, Moore asks us to apply the principle of statutory construction, expressio unius est exclusio alterius, and to conclude that the framers deliberately omitted the phrase “next preceding” from N.M. Const. art. VI, Section 8 in order to make the requirements for judicial officers less demanding than those for executive officers and district attorneys. See N.M. Const. art. V, § 3 (executive officers); N.M. Const. art. VI, § 24 (district attorneys).

This we cannot do. While the rules of statutory construction govern as well the construction of constitutional provisions, we must bear in mind that such principles are merely aids to determining the intent and purpose of the framers. State ex rel. State Highway Commission v. City of Aztec, 77 N.M. 524, 526-27, 424 P.2d 801, 803 (1967); see also State v. Martinez, 92 N.M. 291, 293, 587 P.2d 438, 440 (Ct.App.), cert. quashed, 92 N.M. 260, 586 P.2d 1089 (1978); Bank of the United States v. Deveaux, 9 U.S. (5 Cranch) 61, 87, 3 L.Ed. 38 (1809). Contrary to Moore’s contention, a comparison among these constitutional provisions convinces us that it would not be reasonable to infer that the framers intended lesser requirements for judicial officers than for executive officers and district attorneys, and therefore that we must interpret N.M. Const. art. VI, Section 8 as requiring actual practice of law and residence in the state for at least three years next prior to taking office. Cf. State ex rel. Chavez v. Evans, 79 N.M.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Grisham v. Van Soelen
539 P.3d 272 (New Mexico Supreme Court, 2023)
Morris v. Brandenburg
2016 NMSC 027 (New Mexico Supreme Court, 2016)
Morris v. Brandenburg
New Mexico Court of Appeals, 2015
Block v. Vigil-Giron
2004 NMSC 003 (New Mexico Supreme Court, 2004)
State v. Lynch
2003 NMSC 020 (New Mexico Supreme Court, 2003)
VanderVossen v. City of Espanola
2001 NMCA 016 (New Mexico Court of Appeals, 2001)
New Mexico Right to Choose/NARAL v. Johnson
1999 NMSC 005 (New Mexico Supreme Court, 1998)
State Ex Rel. Haragan v. Harris
1998 NMSC 043 (New Mexico Supreme Court, 1998)
Elie v. Karst
594 So. 2d 929 (Louisiana Court of Appeal, 1992)
Hannett v. Jones
722 P.2d 643 (New Mexico Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
722 P.2d 643, 104 N.M. 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannett-v-jones-nm-1986.