Court of Appeals: Structure and Jurisdiction
Court of Appeals: Structure and Jurisdiction
The exam tests the Court of Appeals as New Mexico's main error-correcting court: how many judges, how they sit, what appeals it must hear, and what it cannot hear.
Core rules
- The Court of Appeals has ten judges, elected for eight-year terms. The Chief Judge is selected by the judges. The court sits in panels of three; a panel decision is the court's decision unless the full court grants rehearing en banc.
- Its appellate jurisdiction covers most civil and criminal appeals from the district courts. It also hears appeals from administrative agencies when the legislature assigns that review.
- It does not hear death-penalty appeals; those go directly to the Supreme Court. It also lacks jurisdiction over classes of cases the Supreme Court has exclusive appellate jurisdiction over by statute or rule.
- The Court of Appeals has no general original jurisdiction. It reviews the record for legal error; it does not conduct trials or take new evidence.
- A party who loses in the Court of Appeals may petition the Supreme Court for a writ of certiorari. The Supreme Court's review is discretionary.
Worked example
A plaintiff loses a civil jury trial in district court on a contract claim. The appeal is filed in the Court of Appeals because the case is a civil appeal from district court and no exclusive Supreme Court jurisdiction applies. If the Court of Appeals affirms, the plaintiff may petition the Supreme Court for certiorari. If the Supreme Court denies the petition, the Court of Appeals decision is final. If the same case had been a death-penalty appeal, the Court of Appeals would have no jurisdiction.
Traps
Do not call the Court of Appeals the court of last resort. Do not send death-penalty appeals there. Do not assume a three-judge panel is the whole court. Do not invent original jurisdiction. Do not confuse the eight-year term with the district court's six-year term.