SANTA FE, N.M. (AP) - A proposed constitutional amendment on New Mexico ballots this year is seeking to bring the state court system one step closer toward streamlining the appeals process for some low-level cases.
The proposal before voters is supported by members of the state judiciary. While it seeks to change an obscure segment of state law, supporters say it could result in notable savings in both cost and time for busy courthouses, like those in Bernalillo County, which includes Albuquerque.
The amendment proposes allowing lawmakers to begin reviewing the appeals court process for cases that originate in probate and magistrate courts, as well as the Metropolitan Court in Bernalillo County. After hearings, debate and analysis, lawmakers could then vote to decide whether the requests for the lower-level cases to be overturned or retried should be allowed to proceed directly to the New Mexico Court of Appeals.
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Right now, the framework of the appeals process charted out in New Mexico’s constitution requires appeals for probate and magistrate court cases to first go before a district court judge.
Both chambers of the state Legislature this year voted with nearly unanimous approval to place the constitutional amendment on ballots.
“Such a change could save taxpayers the costs of prosecutors, public defenders, judges and court staff who must dedicate time and resources to each step of what can be multiple levels of judicial review in the current appeals process,” said former New Mexico Supreme Court Justice Edward Chavez, who retired in March.
He noted that if approved, the amendment change would not actually result in a revamped appeals process for the state. It would simply allow lawmakers to begin reviewing that process and decide whether to alter it.
In New Mexico, cases that originate in probate and magistrate courts can stem from misdemeanor DWI and domestic violence cases, and other types of low-level criminal charges.
Proceedings for civil cases seeking small judgments also begin in probate and magistrate courts.
Meanwhile, felony trials are handled in district court, along with civil cases with larger claims.
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