Hand v. Winter

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Judge Daniel Viramontes wrote a letter dated March 10, 2016 to New Mexico Governor Susana Martinez, informing her of his intent to resign as district court judge of Division 4 of the Sixth Judicial District Court, effective August 26, 2016. The Sixth Judicial District Court Nominating Committee met and submitted the names of Petitioner Edward Hand and Real Party in Interest Jarod Hofacket to Governor Martinez for her consideration. Governor Martinez appointed Hofacket by letter dated October 21, 2016, stating that his term would begin on November 4, 2016. Hofacket was to serve until the next general election (here, November 8, 2016). Either Hofacket or his successor, whoever was elected during the upcoming general election, would hold office until the expiration of the term held by Judge Viramontes, at which time he or she would be eligible for a nonpartisan retention election. Petitioners did not challenge Governor Martinez’s appointment of Hofacket. Instead, they filed a petition for writ of mandamus, injunction, and declaratory judgment asking the New Mexico Supreme Court to declare that Secretary of State Brad Winter acted arbitrarily, capriciously, and in violation of law by placing Hofacket on the November 8, 2016 general election ballot. The issue presented for the Supreme Court was thus reduced to whether the Secretary of State could place on the general election ballot the names of political party nominees to fill a vacancy created by a district court judge who resigned effective after a primary election but more than fifty-six days prior to the general election. The Court answered "yes," because under NMSA 1978, Section 1-8-8(A) (2015), the vacancy occurred for a public office that was not included in the governor’s election proclamation, and pursuant to Article VI, Sections 35 and 36 of the New Mexico Constitution, the judicial vacancy was required to be filled at the next general election, provided that the political parties file their list of nominees with the Secretary of State more than fifty-six days before the general election. View "Hand v. Winter" on Justia Law