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Mayor Martin Chavez said he's made no decision on whether he will seek re-election in 2009.

But he'd like to know whether he has the option.

Attorneys for Chavez on Thursday asked state District Court in Albuquerque to issue a judgment on whether mayoral term limits outlined within the City Charter are constitutional.

"I think it's important that there be clarity that I or that any mayor under our state constitution can serve as many terms as he or she or the public are willing to have," Chavez said Thursday.

The City Charter limits Albuquerque mayors from serving more than two consecutive four-year terms. While Chavez is in the middle of his third term, it's only his second served consecutively, making him the first city mayor to serve back-to-back four-year terms since the current form of government was enacted in 1974.

City Attorney Bob White has already declared the charter's term-limit provisions unconstitutional, but Chavez wants ultimate clarity to come from the courts.

And, to him, the answer is simple: It can be found in case law.

City voters in a 1994 special election chose to limit city councilors to two consecutive four-year terms. But that was challenged successfully in court a year later by then-City Councilors Steve Gallegos, Vincent Griego and Alan Armijo, who were seeking to get on the ballot.

At the time, a state Court of Appeals panel ruled the term limits to be unconstitutional because, under New Mexico law, anyone who is a U.S. citizen, a New Mexico resident and of legal voting age can run for any elected office in New Mexico. The term limits, therefore, ruled out a class of people - in this case, the term-limited incumbents - from running for office.

Chavez, himself a lawyer, believes the same issue can be made of the mayoral term limits.

"It's a pretty clear call," Chavez said. "It's kind of a no-brainer because the city can't impose more restrictions than the state constitution."

The action Thursday leads to more questions about Chavez's political future.

The mayor has said he covets only three elected positions: mayor, governor or U.S. senator.

Chavez in October abandoned a gubernatorial campaign to run for the U.S. Senate seat being vacated by Pete Domenici.

He aborted that campaign last month as polls began showing him trailing U.S. Rep. Tom Udall in the race for the Democratic nomination.

For now, Chavez said he intends only to focus on the remaining two years of his existing mayoral term.

"My goal right now is to be just the best possible mayor and have no other agenda," Chavez said. "There's that old saying that good government is the best politics. That's what I'm going to engage in."

But he's not closing any doors.

He said he hasn't ruled out a bid to jump back into the governor's race and take on Lt. Gov. Diane Denish for the Democratic nomination, though he isn't actively pursuing the seat.

Chavez even said a move into the private sector after his term expires has piqued his interest.

"I think I'd like very much to blend what I'm doing in regard to climate change with a dynamite income," Chavez said. "I've got kids that are getting to be college-aged and that's a real consideration for any parent."

Chavez's availability as a mayoral candidate could also impact an already crowded field of potential competitors in the 2009 race.

Showing interest in inhabiting his 11th floor office are City Councilors Michael Cadigan, Sally Mayer and Ken Sanchez, and former state Senate President Richard Romero. Even his ex-wife, Margaret Aragon de Chavez - who briefly flirted with a mayoral bid in 2005 - is considering a run.

While he's had little success in statewide races - losing the 1998 governor's race to incumbent Republican Gary Johnson - Chavez has proven to be a formidable opponent in citywide races. He cleared a field of four candidates to win re-election in 2005 with 47 percent of the vote.

Romero on Thursday said running against the incumbent would not impact his decision to enter the race. He'll make that decision by March 1, after the Legislative session.

"I don't think it makes a difficult race for me at all," Romero said. "I'm running on what I can do."