According to this report in the Albuquerque Journal, on Friday the New Mexico Supreme Court rejected a petition to nullify Governor Martinez’s reappointment of Judge Albert Mitchell to a seat on the Tenth Judicial District Court.
The Journal story says that Chief Justice Vigil explained that the New Mexico Constitution “doesn’t prohibit a nominating commission from considering — or the governor from appointing — an otherwise qualified applicant for a judicial vacancy based on the applicant’s non-retention to the office in the preceding election.”
In November, Judge Mitchell failed to obtain sufficient votes to be retained in office, but he applied to fill the vacancy, and the Judicial Nominating Commission sent his name to the governor.
