El Nuevo mexicano., 1918-03-07
TWO JUDGES MUST Be
ELECTED N THE FIFTH
DISTRICT OPINION
Attorney General Holds That officer
Created by Legislature 10 for
"unexplred Term"
INCUMBENT NAMED FOR
FILLING A VACANCY
The Time a Person May Occupy an
office Has No Bearing on Length
of the Term, Mr.. Patton States.

Attorney General Harry H.. Patton
today gave an eleven page opinion to
r. ID. Bowers, an attorney Of Roswell,
on the question whether or not there
are two judges to be elected for the
Fifth judicial district at the coming
electicn-an opinion which will un-
doubtedly be read with keen interest
Throughout the state. Mr.. Patton holds
thatltwo judges are to be elected.
I'VE presume there is no contro-
versy, and no question but that there
is one judge to be elected" he says.
"The term for which he was elected
lexpires December 81, 1918. The Ques-
ltion of the other Judge Is an entirely
different matter, as this office was
not filled at the first election and was
not filled by election until the year
1914. BY the Laws of 1913. Section Q,
, Chapter "a, an additional Judge was
authorized for the Fifth judicial dis
trict. This act also provided that the
judgeship thereby created should be
filled in the manner provided for fill
ing vacancies. Accordingly, the pres
ent incumbent of the office was ap-
pointed to fill this vacancy until the
next general election, which was to
be held in 1914; at this time the ap-
pointee was duly elected by the peO-
pie. The question now arises: Was
the election of the additional Judge,
at the election held in 1914, for a full
term of six years, or was 1t only for
an unexpired term, which would end
at the same time the terms OF the
other district judges throughout the
state end? IL the answer to this ques-
ticn is that the election held in 1914
was for a full term of six years, 1t is
obvious that the term will not expire
until 1920, and, consequently, there
win be but one judge to be elected at
the election to be held this year. On
the other hand, If the other view is cor
rect, it is equally obvious that there
will be two judges to elect this year.
REFERS TO CONSTITUTION
I'm the consideration of this ques-
ton it becomes necessary to turn to
various statutory and constitutional
provisions. The authority for the in
crcasing Of the number Of judges in
any judicial district is found in Sec
ton is, Article vi. Of the Constitution,
which reads b part as follows:
The legislature may increase the
number of diitrict judges in any Judi
cial district, nd they shall be elected
as other District judges
Pursuant to this provision, the leg
islature. Ii 1918, passed the following
law:
"'The number Of district judges in
the Fifth judicial district of the state
OF New Mexico is hereby increased to
two (2).
ut is by virtue or these provisions
that the office under question is held.
1t may be noticed, the law authorizing
the additional Judge also provided that
the office should be filled in the man.
ner provided for filling vacancies. The
manne of filling vacancies Is found in
Section 4, Article Xxx. of the constitu-
Mr.. Patton then remarks that the
constitutional provision regarding the
filling of vacancies SIS plain and am
biguous."
FOR UNExPiRED TERM,
II dIIOrnoy SeHerdl CUES dutuOr-
tiles supporting his contention that
there really was a vacancy and the leg
islature had the power to fill the Of
flee in the manner provided for fill
ing vacancies. This would make 1t fol-
low that the election in 1914 was for
the unexpired term, he pointed out.
Mr.. Patton, further on In his opin-
ion, says that "the time a person may
occupy an office may have no bearing
upon the length of the term Of office"
He then takes the stand that the con-
.stitution intended that the terms of all
of the district judges should begin
and expire c~oncurrently.. He says that
II the trainers of the constitution did
intend to have the terms expire at
different times, they could have easily
80 provided.
"As they made no such provisions
are bound to believe they did not
so intend" he adds.