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Judges on the court of appeals are elected by voters throughout the state. The Court of Appeals is the intermediate appellate court. It sits between district courts and certain administrative agencies, which are below it, and the New Mexico Supreme Court, which is above it. The Court of Appeals currently reviews appeals in all cases, except criminal cases involving sentences of death or life imprisonment, appeals from the Public Regulation Commission, and cases involving habeas corpus.
The court of appeals consists of 10 judges who serve 8-year terms. To be eligible to hold the office of judge on the court of appeals, a person must:
- be at least 35 years old
- have practiced law for at least 10 years
- have resided in New Mexico for the last 3 years
When evaluating Court of Appeals judges standing for retention, the Judicial Performance Evaluation Commission sends confidential written surveys to:
- former law clerks
- lawyers who have had direct interaction with appellate judges, including attorneys of record over which the appellate judge presided; general counsel from CYFD, Taxation and Revenue, and the Department of Transportation; and the Board of Directors of Appellate Practice.
- court staff attorneys
- current law clerks
- court staff (non-attorneys)
- trial court judges whose cases have been appealed /li>
- fellow appellate judges
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