New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-01-21
SUPREME COURT JUSTICES
ARE NOT OVERLOOKED AND
NOT BEHIND ON DOCKET
By Guthrie Smith.

TNtW MCtlCO are not OttIIOOHeO ana
the court Is not behind in it. docket,
it was shown by Justice Herbert F.
Reynolds in a paper presented TO the
New Mexico Bar Association at its
session here.
For some months there have been
reports of agitation in favor of in
cieasing the number of justices from
three to five, since the constitution
provides that after the publishing Of
the census of 1920, the legislature
shall have power to make such in
crease in the membership of the SUI
preme court. However, it must be
said that it has been impossible TO
locate the agitation itself in any quart
er. Only the reports Of agitation
have been available. This plan for
ali increase in the number of JUS
tees of the state supreme court has
no better chance OF legislative en-
ac;ment than the visionary plan of
some OF the political slate makers to
divide New Mexico into two federal
districts, which would necessitate the
appointment of another Judge, dis
4. let attorney, marshal, clerk and
their deputies. Those who are con-
fidtnt the congress will create a new
district should ponder over the sit
pation in Indiana, for example. The
Hosier state has nearly 10 times the
population and business of New Mex
ico and only one district.
Justice Reynolds said:
In view of the fact that the
constitution of the state of New
Mexico provides, by section 10 of
article VI, that after the publica-
ton OF the census of the United
States for the year 1920, the legisla-
ture shall have power to increase
the number of justices of the SUI
prcme court to five; and in view of
the fact that there ha. been some
discussion relative to such increase, it
may be of interest TO the Bar asso-
CATION of New Mexico to know some
thing + the work of the court and
the necessity, it any, for such in
crease. 1t would be interesting if
! had had the time to have ascer-
tanned the number of cases submit
ted and decided by various appellate
courts in states similarly situated, 50
that a comparison could be made, but
| have not been able to do that and
can submit only for your considera-
tin the statistics regarding the work
OF the court and its decisions.
When New Mexico was under a
territorial form OF government the
first sixteen volumes of decisions
.wrre rendered, the first ones in 1852
and the last in 1911. Since tate
hood, or since l9i2, nine volumes have
been issued and the tenth is on the
press at the present time. The ter
~riiorial court, during the course OF
fllty-nine years, rendered and wrote
opinions in 1886 cases; since state
hood, that is the last nine years, 807
opinions have been rendered and
written. Volumes | to 10 contain
lose opinions; volumes II to Is CON
tam 755 opinions-the difference OF
about fifty opinions being those
have been rendered and opinions
written, but they are not yet Of
iisially reported.
The oldest case before the court
az the present was two years old
yesterday, January 10th, having been
submitted on January 10th, 1919. The
opinion in this case has been delayed
by request of counsel on both sides,
as a settlement is pending. The next
Oldest case was submitted June 2lst,
1920, and is, at this late, about
seen months old. The balance of
the cases under advisement were
submitted at the September term,
1920.
AS TO motions for rehearing which
are undisposed of, the one of long
est standing was submitted on Sep
tcmber u, 1919; the next was filed
On April IA, 1920, and the next on
May p, 1920. There are eight OF
these cases pending on motions for
rchearing at the present time.
i have attached to this paper a
summary or state ment of the num-
her of cases submitted and decided
and the present state of the dock
ct which will show the facts in de-
tailed and tabulated form, and bear
out, | believe, the conclusions that
| am now making. From the docket
OF the curt it appears that there
were % caseso LETT owe from the
territorial court in 1912; that from
lcl2 to 1917 the number Of eases
docketed increased from - in 1872
10 l64 in 1917, and from that date
the number docketed has steadily de
creased, so that in 1920 only l07 cases
were docketed. This increase in the
number Of cases dockcted up TO 1917
aud decrease after that date 20 the
present time is also shown by the
number Of opinions written. which
ran from ~ in l9l2, TO AS in 1913,
and declined 10 o in 1920. The same
g. also true OF dila'ory motions, mo-
tions for rchcarirg and opinions dis
posed OF without written opinions. II
also appears that while the total
number Of cases on the docket, in
Gliding those left over from terri
tutial days. is 1857, that the court
has passed and acted upon 1929
cases, by deciding dilatory notion.
and motions for rchearing in several
cases where the matters have come
before the court two or more times
on motions. on the merits and on
tchoaring. Tie total number OF cases
under adviscmcnt pending on mo-
ions and not at issue on January |,
iU-l, was ilS and since that date
eleven have been decided by written
.cpinions and there are now pending
l07.
III has been well stated about a
trial court. or one Of the first ms
lance. that II is not so necessary
hat cases should be decided proper
" as that they should be decided
promptly. To my mind, although this
ss.teu.u+ Is frfe in mart OF a trial
court, is has very little application
to an appellate court.
The figures / have given you show
that only a few of the cases now
before the court were submitted