NM Const., Article I, Section 10

Forms .A. Oath of Office B. Open Meetings Act Resolution C. Applicant Questionnaire Oath. (1996)O A T H I, __________________ , do solemnly swear that I will support the Constitution of the United States and the constitution and laws of the State of New Mexico; and that I will faithfully and impartially discharge the duties of the office of Commissioner, __________________ Judicial Nominating Commission, on which I am about to enter, to the best of my ability, SO HELP ME GOD. Commissioner's Signature Sworn and subscribed before me this ______________ day of ______________ , __________ . Notary's Signature Title My commission expires _________________________________________ (This oath, when executed, must be forwarded immediately to the Secretary of State at Santa Fe, New Mexico, accompanied by the filing fee of $1.00) Open Meetings Resolution. (1996)JUDICIAL NOMINATING COMMISSION OPEN MEETINGS RESOLUTION WHEREAS, the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission ("Commission") met at __________________ on __________________ , __________ , at ________ , a.m./p.m. as required per law; and WHEREAS, Section 10-15-1(B) of the Open Meetings Act (NMSA 1978, Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and WHEREAS, Section ose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and WHEREAS, Section 10-15-1(D) of the Open Meetings Act requires the Commission to determine annually what constitutes reasonable notice of its public meetings; NOW, THEREFORE, BE IT RESOLVED by the Commission that: 1. All meetings shall be held on the date and at the time and place indicated on the meeting notice. 2. Notice of meetings at which applicant interviews will be conducted will be given at least ten (10) days in advance of the meeting date. Notice of other, nonemergency meetings shall be given at least three (3) days in advance of the meeting date. The notice for a meeting shall include an agenda or information on how the public may obtain a copy of the agenda. The agenda shall be available to the public at least twenty-four (24) hours before a meeting. 3. Emergency meetings will be called only under circumstances which demand immediate action to protect the health, safety and property of citizens or to protect the Commission from substantial financial loss. The Commission will avoid emergency meetings whenever possible. Emergency meetings may be called upon twenty-four (24) hours' notice, unless the threat of personal injury, property damage or financial loss require less notice. The notice for all emergency meetings shall include an agenda or information on how the public may obtain a copy of the agenda. 4. For purposes of the meetings described in paragraph 2 of this Resolution, notice of the date, time, place and agenda shall be placed in the Bar Bulletin and newspapers of general circulation in the state and posted at the Commission's office at __________________ ice. The notice for all emergency meetings shall include an agenda or information on how the public may obtain a copy of the agenda. 4. For purposes of the meetings described in paragraph 2 of this Resolution, notice of the date, time, place and agenda shall be placed in the Bar Bulletin and newspapers of general circulation in the state and posted at the Commission's office at __________________ . The Secretary shall also mail copies of the written notice or provide telephone notice to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings. 5. For purposes of emergency meetings described in paragraph 3 of this Resolution, notice of the date, time, place and agenda shall be posted at the Commission's office at __________________ . Telephone notice shall also be provided to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation which have made a written request for notice of public meetings. 6. In addition to the information specified above, all notices shall include the following language: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact __________________ at __________________ at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact __________________ at __________________ if a summary or other type of accessible format is needed. 7. The Commission may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act including the agenda and minutes, can be provided in various accessible formats. Please contact __________________ at __________________ if a summary or other type of accessible format is needed. 7. The Commission may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirement under Section 10-15-1(H) of the Open Meetings Act. (a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Commission taken during the open meeting. The authority for the closure and the subjects to be discussed shall be stated with reasonable specificity in the motion for closure and the vote on closure of each individual member shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in a closed meeting. (b) If the decision to hold a closed meeting is made when the Commission is not in an open meeting, the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of law authorizing the closed meeting and the subjects to be discussed with reasonable specificity is given to the members and to the general public. (c) Following completion of any closed meeting, the minutes shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure. (d) Except as provided in Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Commission in an open public meeting. Passed by the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission this day of __________________ , ________ . Applicant Questionnaire. (1996)Name: JUDICIAL SELECTION COMMISSION FOR JUDICIAL VACANCY ON THE __________________ DEADLINE FOR APPLICATIONS __________________ 5:00 p.m shall be made by vote of the Commission in an open public meeting. Passed by the [Appellate] [________ Judicial District Court] [Metropolitan Court] Judges Nominating Commission this day of __________________ , ________ . Applicant Questionnaire. (1996)Name: JUDICIAL SELECTION COMMISSION FOR JUDICIAL VACANCY ON THE __________________ DEADLINE FOR APPLICATIONS __________________ 5:00 p.m. APPLICANT QUESTIONNAIREThis questionnaire should be filed with the Chair of the Judicial Selection Commission no later than 5:00 p.m. ________ . Upon submission, it will be considered as a public document and will be open for inspection by anyone who requests to see it. If you wish to disclose any information that you think should be confidential, you may, in a separate letter, so indicate. Your application will then be treated as conditional pending the Commission's decision regarding your request for confidentiality. If the Commission denies your request, you will not be considered as a candidate and your application will be returned to you unless you elect to be considered a candidate with the information available on a non-confidential basis. Please type or use a word processor. 1. Full name: 2. Social Security Number: 3. County of residence: 4. (a) Office address: (b) Phone number: 5. (a) Home address: (b) Phone number: 6. (a) Birthplace: (b) If outside the United States, give the basis for your citizenship: 7. Birthdate: 8. (a) Marital status: (b) If divorced, list the name(s) of former spouses: 9. If married, give your spouse's full name, including maiden name where appropriate: 10. Spouse's occupation: 11. All places of residence, city and state, and approximate dates for last 10 years: 12. Schools attended, including preparatory, college and law, with dates and degrees: 13. Bar admissions and dates: 14. (a) Present employment: (b) List your professional partner(s), associates or employer: 15. (a) Previous employment and dates: (b) Past professional partners, associates or employers: 16 upation: 11. All places of residence, city and state, and approximate dates for last 10 years: 12. Schools attended, including preparatory, college and law, with dates and degrees: 13. Bar admissions and dates: 14. (a) Present employment: (b) List your professional partner(s), associates or employer: 15. (a) Previous employment and dates: (b) Past professional partners, associates or employers: 16. Public offices held and dates: 17. Activities in professional organizations, including offices held, for last 10 years: 18. Activities in civic organizations, including offices held, for last 10 years: 19. Avocational interests and hobbies: 20. Have you been addicted to the use of any substance within the last three years that would affect your ability to perform the essential duties of a judge? If so, please state the substance and what treatment received, if any: 21. Have you any mental or physical impairment that would affect your ability to perform the essential duties of a judge? If so, please specify: 22. If you have undergone treatment for an emotional or mental condition or illness that would affect your ability to perform the essential duties of a judge, please so indicate by a separate confidential letter and state the reason: 23. To your knowledge, has any formal charge of violation of any rules of professional conduct ever been filed against you in any jurisdiction? If so, when? How was it resolved? 24. Have you ever been convicted of any misdemeanor or felony other than a minor traffic offense? 25. Have you ever had a DWI or any criminal charge, other than a minor traffic offense, filed against you? If so, when? What was the outcome? 26. To your knowledge, is there any circumstance in your professional or personal life that creates a substantial question as to your qualifications to serve in the judicial position involved or which might interfere with your ability to so serve? 27 ffense? 25. Have you ever had a DWI or any criminal charge, other than a minor traffic offense, filed against you? If so, when? What was the outcome? 26. To your knowledge, is there any circumstance in your professional or personal life that creates a substantial question as to your qualifications to serve in the judicial position involved or which might interfere with your ability to so serve? 27. (a) List the names and addresses of five persons who are in a position to comment on your qualifications for a judicial position. Include one or more professional adversaries in your list of references, identifying them as such. (List only 5 - separate attachment entitled: References). (b) Please have at least two, but not more than five, letters of recommendation from your references listed above submitted directly to The Chair of the Judicial Selection Commission. 28. If you have served as a judge, has any formal charge of a violation of the Code of Judicial Conduct been filed against you, and if so, how was it resolved? 29. Have you filed all federal, state and city tax returns that are now due or overdue, and are all tax payments up to date? If no, please explain. 30. Have you or any entity in which you have or had an interest ever filed a petition in bankruptcy, or has a petition in bankruptcy been filed against you? If so, please explain. 31. Are you presently an officer, director, partner, majority shareholder or holder of a substantial interest in any corporation, partnership or other business entity? If so, please list the entity and your relationship: 32. Have you ever been a party to a lawsuit other than a dissolution of marriage either as a plaintiff or as a defendant? If so, please supply details and give caption and cause number and date it was filed: 33. Please enclose one legal writing sample, such as a legal memorandum, opinion, or brief. If you had assistance from an associate, clerk or partner, indicate the extent of such assistance. 34 2. Have you ever been a party to a lawsuit other than a dissolution of marriage either as a plaintiff or as a defendant? If so, please supply details and give caption and cause number and date it was filed: 33. Please enclose one legal writing sample, such as a legal memorandum, opinion, or brief. If you had assistance from an associate, clerk or partner, indicate the extent of such assistance. 34. Attach a copy of a publication which you feel would be pertinent to the Commission's consideration of your qualifications: 35. Describe the nature of your law practice for at least the last six years, including the type of legal work, whether in trial or appellate courts, etc. Do you hold yourself out as a specialist in any areas? Do you limit your practice in any way? 36. (a) How extensive is your experience in the following areas: Personal injury: Commercial: Domestic Relations: Juvenile: Criminal: Appellate: (b) How many cases have you tried to a jury? Of those trials, how many occurred within the last two years? Please indicate whether these jury trials involved criminal or civil cases. (c) How many cases have you tried without a jury? How many of these trials occurred within the last two years? Please indicate whether these non-jury trials involved criminal or civil cases. (d) How many appeals have you handled? Please indicate how many of these appeals occurred within the last two years. 37. Please explain your reasons for applying for a judicial position and what factors you believe indicate that you are well-suited for it. 38. Please submit a current resume. Submission of this questionnaire expresses my willingness to accept judicial appointment to the ________________________ if tendered by the Governor ease indicate how many of these appeals occurred within the last two years. 37. Please explain your reasons for applying for a judicial position and what factors you believe indicate that you are well-suited for it. 38. Please submit a current resume. Submission of this questionnaire expresses my willingness to accept judicial appointment to the ________________________ if tendered by the Governor. ____________________________ ____________________________ Date Signature Please transmit the completed and signed questionnaire along with attachments to the Judicial Selection Office, at the following address: Chair, Judicial Selection Commission The University of New Mexico School of Law 1117 Stanford NE Albuquerque, NM 87131-1431 Type Name: __________________ Waiver of confidentiality - Professional Disciplinary Bodies and Judicial Disciplinary Bodies The undersigned applicant hereby waives, until the judicial position applied for is filled, the benefits of any statute, rule or regulation prescribing confidentiality of records of any administrative or disciplinary committee of the State of New Mexico, including but not limited to the Disciplinary Board of the Supreme Court, the Board of Bar Examiners and the Judicial Standards Commission; and does authorize any of the above to furnish to the Judicial Nominating Commission, any such information, including documents, records, bar association files regarding charges or complaints filed against the undersigned, formal or informal, pending or closed, or any other pertinent data, and to permit the Judicial Nominating Commission or any of its members, agents or representatives to inspect and make copies of such documents, records, and other information. The undersigned does hereby release and discharge the Judicial Nominating Commission, its individual representatives, and any other person so furnishing information from any and all liability of every nature and kind arising out of the furnishing of information so provided concerning the applicant ents or representatives to inspect and make copies of such documents, records, and other information. The undersigned does hereby release and discharge the Judicial Nominating Commission, its individual representatives, and any other person so furnishing information from any and all liability of every nature and kind arising out of the furnishing of information so provided concerning the applicant. The undersigned also expressly consents to the release of his/her name and this form to the public in the sole discretion of the Judicial Nominating Commission. /s/ Date: STATE OF NEW MEXICO ) ) SS.: COUNTY OF____________ ) The undersigned, upon oath, deposes and states as follows: that he/she is the person whose signature appears hereinabove on the instrument entitled, "Waiver of Confidentiality - Professional Disciplinary Bodies and Judicial Disciplinary Bodies"; that he/she has read the same and is aware of the content thereof; that the same is true and correct according to the best knowledge and belief of the undersigned; and that he/she executed the same freely and voluntarily. /s/ Date: SWORN TO AND SUBSCRIBED before me on this __________ day of ______________ , ________ . ______________________________ Notary Public ______________________________ My commission expires ——————————