Jmb Retail Properties Co. V. Eastburn

Issues of constitutionality not determined. In denying the motion of JMB to recognize and enforce its peremptory election to excuse, Judge Eastburn declared unconstitutional both Section 38-3-9 and Rule 1-088.1. Judge Eastburn found "there is nothing more necessary and incidental to the functions of the District Court of New Mexico than the internal assignment of cases to its Judges," whom he characterized as "Constitutional officers selected by a process ordained by the people of New Mexico." Because the assignment of a Judge was deemed by Judge Eastburn to be of the essence of judicial power under the separation of powers clause of the New Mexico Constitution, he held Section 38-3-9 unconstitutional.*fn1