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STATE v. 5TH JUDICIAL NOMINATING COM'N.

No. 30,254.

160 P.3d 566 (2007)

2007-NMSC-023

STATE of NEW MEXICO, ex rel., Bill RICHARDSON, Governor of the State of New Mexico, Petitioner, v. FIFTH JUDICIAL DISTRICT NOMINATING COMMISSION, Respondent.

Supreme Court of New Mexico.

May 18, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Stuart M. Bluestone, Deputy Attorney General, David K. Thomson, Zachary A. Shandler, Assistant Attorney Generals, Hilary Chandler Tompkins, Office of the Governor, Santa Fe, NM, for Petitioner.

Sanders & Westbrook, P.C., Maureen A. Sanders, Special Assistant Attorney General, Albuquerque, NM, for Respondent.

OPINION

SERNA, Justice.

{1} A district judge position in the Fifth Judicial District sits vacant because of a perceived conflict between our Governor's constitutional authority to appoint judges from a list of qualified and recommended nominees and the Fifth Judicial District Nominating Commission's discretion in recommending qualified nominees to the Governor. We are thus confronted with two critically important competing interests, which we must reconcile...

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