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Per-judge retention calls inside
The ballot
New Mexico's appellate judges first win their seats in partisan elections (appointees must win the next partisan election to stay), and afterwards stand in retention elections. Retention in New Mexico is harder than in most states: a justice must win at least 57% YES votes to be retained — a simple majority is not enough. A justice who misses 57% leaves the bench when the term ends. The election is November 3, 2026.
Two justices are on the ballot: David K. Thomson and C. Shannon Bacon.
New Mexico does have an official evaluation program — the Judicial Performance Evaluation Commission (JPEC) — correcting the early assumption in our research file that none existed. JPEC surveys attorneys, court staff, jurors and fellow judges, analyzes Administrative Office of the Courts statistics (caseloads, recusals, time to disposition), interviews each judge, and publishes recommendations. For 2026, JPEC evaluated 41 of the 43 judges standing statewide and recommends retaining both justices in this guide.
Justice David K. Thomson
- Appointed by: Governor Michelle Lujan Grisham, February 4, 2019 (recommended by the nonpartisan Judicial Nominating Commission); he then won the 2020 partisan election for the seat. On the Supreme Court seven years; before that, a First Judicial District judge from 2014 — appointed to the district court by Governor Bill Richardson — and before that deputy attorney general and litigation-division director in the Attorney General's office. He served as the court's Chief Justice from April 2024 to April 2026, chosen by his colleagues.
- Official evaluation: JPEC recommends Retain. In the detail published by the Duke City Ledger's voter guide from the commission's evaluation, 112 attorneys rated him: an average of 81% of lawyers rated him well across five areas — professional demeanor 85%, fair and impartial 84%, application/knowledge of law 83%, exhibits integrity 76%, timeliness of rulings 76%. Court staff rated him 97–100% positive on fairness, knowledge, respect and demeanor; the commission's summary: an "overall positive evaluation," praised for giving participants a meaningful opportunity to be heard, treating participants with respect, and performing duties fairly and impartially.
- The organized opposition, and what it rests on: The New Mexico Business Coalition and Better Together New Mexico recommend a VOTE NO on Thomson (and on Bacon). Their stated basis is that the justices do "not support traditional New Mexico values," built from ruling-level review (including pretrial-detention and criminal-procedure outcomes) on their partner sites. Evaluated on the evidence: the campaign documents no misconduct, no ethics finding, and no evaluation failure — JPEC reached the opposite conclusion on performance — and its case is disagreement with rulings and judicial philosophy. Under our standard, that is an argument voters may weigh, printed here in full; it is not proven cause.
- Dirt (documented): His lowest attorney ratings — integrity and timeliness, both 76% — are printed above as the commission published them. Nothing further: no disciplinary record surfaced.
Justice C. Shannon Bacon
- Appointed by: Governor Michelle Lujan Grisham, January 25, 2019 (recommended by the Judicial Nominating Commission); she then won the 2020 partisan election for the seat. On the Supreme Court seven years; before that a Second Judicial District judge from 2010, presiding judge of its Civil Division and the Bernalillo County water judge. She served as the court's Chief Justice from 2022 to 2024, before Thomson. Creighton law degree; adjunct professor at the University of New Mexico School of Law (evidence and trial practice).
- Official evaluation: JPEC recommends Retain.
- The organized opposition: The same New Mexico Business Coalition / Better Together New Mexico VOTE NO recommendation covers Bacon, on the same stated basis and the same ruling-level evidence assessed under Thomson above. No misconduct or evaluation failure is documented by the campaign or anywhere else in our research.
- Credits: Nine years a trial judge handling complex civil litigation, class actions, guardianship and election cases before elevation; two years as Chief Justice; leadership of the District and Metropolitan Judges Association while a trial judge.
- Dirt: None documented beyond the campaign above, evaluated on its evidence.
OUR CALL
Our rule: Retain is the verdict for a judge with a serviceable documented record; removal requires proven cause — documented misconduct, proven activist judging that breaks faith with the law, or an evaluation failure. Both justices carry the official commission's Retain recommendation; both have already won a partisan election for their seats; the one organized campaign against them rests on ruling disagreement, which this page prints and prices as exactly that. Note the 57% threshold: in New Mexico a passive ballot is how a justice JPEC recommends keeping can still be removed, so the YES vote has to actually be cast.
Retain: David K. Thomson, C. Shannon Bacon. Do not retain: none.
For the complete Election 2026 breakdown — every race, claim by claim — see the full coverage on our website. Vote early. Research your candidates. Choose the best moderates, whatever their party — no extremism from either side. And encourage your friends and family to do the same. --- Sources - New Mexico Judicial Performance Evaluation Commission, 2026 — official recommendations (Retain Thomson, Bacon and Hanisee; 41 of 43 judges evaluated, all evaluated judges recommended for retention) — https://nmjpec.org/en/new-mexico-judicial-performance-evaluation-commission-recommends-retaining-two-supreme-court-justices-one-court-of-appeals-judge-30-district-court-judges-and-eight-metropolitan-court-judges-in-202/ - Las Cruces Sun-News, October 17, 2026 — JPEC chair's account of the evaluation method and the Retain recommendations naming Bacon and Thomson — https://www.lcsun-news.com/story/opinion/commentary/2026/10/17/get-the-information-you-need-to-vote-on-judges/92242921007/ - Duke City Ledger, 2026 voter guide — Thomson's commission evaluation detail (112 attorneys; category ratings) — https://dukecityledger.com/vote/ - New Mexico Business Coalition / Better Together New Mexico, 2026 — VOTE NO recommendations on Thomson and Bacon and their stated basis — https://nmbizcoalition.org/2026-judicial-retention-and-contested-races/ - Office of Governor Michelle Lujan Grisham, January 25, 2019 — appointments of Bacon and Thomson (district-court service and backgrounds) — https://www.governor.state.nm.us/2019/01/25/governor-lujan-grisham-fills-pair-of-supreme-court-seats/ - Los Alamos Daily Post / Reporter, April 2024 — Thomson sworn in as Chief Justice, succeeding Bacon — http://losalamosreporter.com/2024/04/17/justice-david-k-thomson-becomes-chief-justice-of-the-new-mexico-supreme-court/
Result pending. No verified call (Associated Press or official) as of November 4, 2026. This page will be updated when the race is called or certified. The original article above is unchanged.
AI-assisted article — but the sources are human, and the facts are very real.