reglab/housing_qa huggingface dataset:
NM Stat § 34-7-10 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-10 - [Proceedings in district court after transfer.]

All proceedings thus transferred shall be docketed as other causes in the district court, which court shall thereupon exercise the same authority and take the same steps and proceedings as would have otherwise have [sic] been taken in the probate court. History: Laws 1933, ch. 102, § 2; 1941 Comp., § 16-413; 1953 Comp., § 16-4-13. ANNOTATIONSBracketed material. — The bracketed word "sic" in this section was inserted by the compiler. It was not enacted by the legislature and is not a part of the law. Jurisdiction of district court. — Where a probate proceeding was removed from a probate court to a district court, the district court possessed only such jurisdiction in the premises as that enjoyed by the probate court. In re Conley's Will, 1954-NMSC-112, 58 N.M. 771, 276 P.2d 906.
NM Stat § 34-7-11 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-11 - [Probate judge absent or unable to attend to duties; powers of district judge.]

Whenever the probate judge shall be absent from the county wherein he was elected, or shall be incapacitated or unable to attend to his duties from any cause whatsoever, any district judge, of said county, or any other district judge designated to hold court in said county for him, may do any and all things that could otherwise be done by said probate judge, without the necessity of having the matters or proceedings transferred from the docket of the probate court to the docket of the district court. The fact of such absence or incapacity shall be recited in every order of the district judge entered in accordance with this act [section]. History: Laws 1933, ch. 101, § 1; 1941 Comp., § 16-414; Laws 1943, ch. 65, § 1; 1953 Comp., § 16-4-14. ANNOTATIONSCross references. — For performance of acts and orders when probate judge unable to act, see 45-1-307 NMSA 1978. Bracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not part of law.
NM Stat § 34-7-12 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-12 - Repealed.

ANNOTATIONSRepeals. — Laws 1978, ch. 159, § 15, effective March 6, 1978, repealed 16-4-15, 1953 Comp. (34-7-12 NMSA 1978), relating to vacancy in the office of probate judge.
NM Stat § 34-7-13 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-13 - [Judges may issue process and make rules.]

That the judges of probate courts shall have full power and authority to issue whatever process may be necessary for the efficient discharge of their duties, and to make and publish rules and orders regulating the business and practice of their several courts, not inconsistent with the laws of this state. History: Laws 1887, ch. 66, § 1; C.L. 1897, § 752; Code 1915, § 1435; C.S. 1929, § 34-416; 1941 Comp., § 16-416; 1953 Comp., § 16-4-16. ANNOTATIONSCross references. — For process being directed to sheriff, see 4-41-13 NMSA 1978. For probate court forms, see Rule 4B-001 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is "person of suitable age and discretion" under statutes or rules relating to substituted service of process, 91 A.L.R.3d 827.
NM Stat § 34-7-14 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-14 - Fees of probate court clerks.

Clerks of the probate courts are entitled to receive the following docket fees in all matters: A. for docketing each cause, to be paid by the party docketing the cause, thirty dollars ($30.00), which shall include all costs of the clerks in any cause in the court; and B. a fee of fifteen cents ($.15) per folio in addition to the docket fee may be charged for any excess of twenty folios in cases where judgments or decrees or orders exceed twenty folios. History: Laws 1923, ch. 29, § 1; C.S. 1929, § 34-406; Laws 1937, ch. 111, § 1; 1941 Comp., § 16-422; 1953 Comp., § 16-4-22; Laws 1961, ch. 16, § 1; 1975, ch. 257, § 8-102; 1993, ch. 132, § 1. ANNOTATIONSCross references. — For penalty for public officer demanding illegal fees, see 30-23-1 NMSA 1978. The 1993 amendment, effective June 18, 1993, substituted "thirty dollars ($30.00)" for "twelve dollars fifty cents ($12.50)" in Subsection A and made a minor stylistic change. Docket fee charged although no heirs. — A probate court clerk should collect the docket fee provided for by this section though there are no heirs or beneficiaries. 1946 Op. Att'y Gen. No. 46-4923A.
NM Stat § 34-7-15 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-15 - [Additional fees of clerk.]

In addition to the fees provided for in Section 1 [34-7-14 NMSA 1978] hereof, clerks of probate courts may charge the following fees: for making an itemized bill of costs in any case, when demanded, fifty cents [($.50)]; for making and certifying to transcript of judgment, one dollar [($1.00)]; for taking an acknowledgment and affixing seal, fifty cents [($.50)], if but one person acknowledges, and twenty-five cents [($.25)] for each additional person; for making copies of records or papers, ten cents [($.10)] per folio of one hundred words, for carbon copies three cents [($.03)] per folio; for certificate and seal authenticating any paper as a true and correct copy, fifty cents [($.50)]; for making transcripts on appeal or certiorari to any court, and for certifying the same, such fees as are now provided by law; provided, however, that only fees for certification shall be charged where the transcript is prepared by the litigant himself. History: Laws 1923, ch. 29, § 2; C.S. 1929, § 34-407; 1941 Comp., § 16-423; 1953 Comp., § 16-4-23. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not a part of the law. Providing compensation, implies power to perform act. — Although the statute (Kearny Code, Fees, § 2, Comp., Laws 1865, ch. 46, § 2, Comp. Laws 1884, § 1251), did not confer upon probate court clerks the authority to administer oaths, by providing compensation for this function, it impliedly gave them authority, at least in strictly probate matters, and since the probate court meets the common-law requirement of a court of record, and clerks of courts of record under the common law could administer oaths, the probate court clerk had authority to do so in the verification of a claim for mechanic's lien filed with him. Bucher v. Thompson, 1893-NMSC-010, 7 N.M. 115, 32 P. 498.
NM Stat § 34-7-16 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-16 - [Fees exclusive.]

No other or different fees than those above provided shall be made or received by clerks of probate courts, and any services required of them in any matter other than those for which fees are herein provided shall be without compensation. History: Laws 1923, ch. 29, § 4; C.S. 1929, § 34-409; 1941 Comp., § 16-424; 1953 Comp., § 16-4-24. ANNOTATIONSCross references. — For penalty for public officer demanding illegal fees, see 30-23-1 NMSA 1978. Compiler's notes. — Section 2308, Code 1915, which the present section is deemed to supersede, read: "The county clerk shall receive for granting testamentary letters, and of administration, and attesting the same, the sum of three dollars, and for each time that accounts are to be settled with an administrator or executor, he shall receive one dollar, and at the rate of ten cents for every hundred words he may have to write."
NM Stat § 34-7-17 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-17 - [Record of receipts and disbursements.]

The probate clerks of the different counties of this state are hereby required to keep a separate book for the sole purpose of keeping an exact account, which shall show in a clear and distinct manner all the money received, specifying the object for which it was received; and that the same book shall also contain a distinct and clear list of all warrants issued against the county treasury, and for what purpose. History: Laws 1860-1861, p. 80; C.L. 1865, ch. 39, § 20; C.L. 1884, § 417; C.L. 1897, § 755; Code 1915, § 1447; C.S. 1929, § 34-432; 1941 Comp., § 16-425; 1953 Comp., § 16-4-25.
NM Stat § 34-7-18 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-18 - [Current accounts; public inspection.]

There shall also be kept in said book a full copy of the accounts current for the year, open to the inspection of any citizen who may wish to examine the same as often as he may desire so to do. History: Laws 1860-1861, p. 80; C.L. 1865, ch. 39, § 21; C.L. 1884, § 418; C.L. 1897, § 756; Code 1915, § 1448; C.S. 1929, § 34-433; 1941 Comp., § 16-426; 1953 Comp., § 16-4-26.
NM Stat § 34-7-19 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-19 - [Penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978.]

All clerks who shall fail in the discharge of the duties required in the two foregoing sections [34-7-17, 34-7-18 NMSA 1978] shall be considered guilty of a misdemeanor, and on conviction before the district court shall be fined at the discretion of the court, in any sum not less than twenty-five dollars [($25.00)], nor more than one hundred dollars [($100)]. History: Laws 1860-1861, p. 80; C.L. 1865, ch. 39, § 24; C.L. 1884, § 419; C.L. 1897, § 757; Code 1915, § 1449; C.S. 1929, § 34-434; 1941 Comp., § 16-427; 1953 Comp., § 16-4-27. ANNOTATIONSCompiler's notes. — The 1915 Code compilers substituted "the two foregoing sections" for "the foregoing sections." The latter presumably referred to the Comp. Laws 1865, ch. 39, §§ 20 to 23.
NM Stat § 34-7-20 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-20 - Record of decedent's [decedents'] estates.

The county clerk shall keep a record or docket additional to the other records required by law, showing as follows: A. the name of every decedent whose estate is administered and the date of his death; B. the names of all the heirs, devisees and surviving spouse of the decedent and their ages and places of residence, so far as the same can be ascertained; and C. a note of every sale of real estate made under the order of the court, with a reference to the volume and page of the court record where a complete record thereof may be found. History: Laws 1889, ch. 90, § 42; C.L. 1897, § 2011; Code 1915, § 2309; C.S. 1929, § 47-902; 1941 Comp., § 16-428; 1953 Comp., § 16-4-28; Laws 1975, ch. 257, § 8-103. ANNOTATIONSCross references. — For duty to record and index proceedings, see 34-1-6 NMSA 1978. For records and certified copies under Probate Code, see 45-1-305 NMSA 1978. Entry of record necessary to "render" decision. — Within meaning of former 16-4-20, 1953 Comp., authorizing trial de novo of issues decided by probate court in decisions rendered more than ninety days previous to removal of administration of a decedent's estate from probate court to district court, a decision was not "rendered" until entered of record. In re Montano's Estate, 1934-NMSC-048, 38 N.M. 355, 33 P.2d 906.
NM Stat § 34-7-21 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-21 - Record of bonds and wills.

The clerk shall also record at length in books kept for that purpose, all bonds given by personal representatives, conservators and guardians, and all wills admitted to probate. History: Laws 1889, ch. 90, § 43; C.L. 1897, § 2012; Code 1915, § 2310; C.S. 1929, § 47-903; 1941 Comp., § 16-429; 1953 Comp., § 16-4-29; Laws 1975, ch. 257, § 8-104. ANNOTATIONSCross references. — For duty to record and index proceedings, see 34-1-6 NMSA 1978. For records and certified copies under Probate Code, see 45-1-305 NMSA 1978.
NM Stat § 34-7-22 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-22 - [Deputy clerks; appointment; powers.]

The clerks of the probate courts of this state, with the consent of the probate judges, shall have power to appoint a deputy clerk of the probate court; each clerk shall appoint one, and such deputies when duly appointed and qualified shall have full power and shall be authorized to perform all the duties of the clerk of the said probate court. History: Laws 1866-1867, ch. 24, § 1; C.L. 1884, § 421; C.L. 1897, § 759; Code 1915, § 1443; C.S. 1929, § 34-427; 1941 Comp., § 16-430; 1953 Comp., § 16-4-30.
NM Stat § 34-7-23 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-23 - [Oath of deputy clerks.]

The said deputy clerk shall take the same oath of office as is or may be provided by law as to his duties, which oath of office and his appointment shall be recorded in the records of the probate court. History: Laws 1866-1867, ch. 24, § 2; C.L. 1884, § 422; C.L. 1897, § 760; Code 1915, § 1444; C.S. 1929, § 34-429; 1941 Comp., § 16-431; 1953 Comp., § 16-4-31. ANNOTATIONSCross references. — For oath of office, see N.M. Const., art. XX, § 1.
NM Stat § 34-7-24 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-24 - [Authority of deputies; responsibility; signing papers.]

The clerks of the probate court shall be responsible, respectively, for the acts of their deputies, and for such purpose, all and every official act of the deputy shall be considered as an official act of the clerk who appointed him, and each deputy clerk shall sign all the papers issued by himself with the name of the clerk, in this manner: A. B., clerk of the probate court, by C. D., deputy clerk. History: Laws 1866-1867, ch. 24, § 3; C.L. 1884, § 423; C.L. 1897, § 761; Code 1915, § 1445; C.S. 1929, § 34-430; 1941 Comp., § 16-432; 1953 Comp., § 16-4-32. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.
NM Stat § 34-7-25 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-25 - [Compensation of deputies to be paid by clerk.]

A deputy clerk of the probate clerk [court] shall not receive any additional salary or pay of any kind for the performance of his duties, and his compensation shall be taken out from the pay and the fees of the clerk as allowed by law and as agreed upon between the deputy and the clerk who appoints him. History: Laws 1866-1867, ch. 24, § 4; C.L. 1884, § 424; C.L. 1897, § 762; Code 1915, § 1446; C.S. 1929, § 34-431; 1941 Comp., § 16-433; 1953 Comp., § 16-4-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 34-8-1 to 34-8-13 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8 - Small Claims Courts (Repealed.)|Section 34-8-1 to 34-8-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 346, § 13, repeals 34-8-1 to 34-8-13 NMSA 1978, as enacted by Laws 1953, ch. 137, §§ 1 to 12 and Laws 1955, ch. 104, § 3, relating to the small claims courts, effective July 1, 1980. For present provisions as to metropolitan courts, see 34-8A-1 to 34-8A-8 NMSA 1978.
NM Stat § 34-8A-1 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8A - Metropolitan Courts|Section 34-8A-1 - Metropolitan court; established.

There is established within the boundaries of a class A county with a population of more than two hundred fifty thousand persons in the last federal decennial census the "metropolitan court". The name of the metropolitan district is the same as the name of the county in which it is located. History: Laws 1979, ch. 346, § 1; 2010, ch. 99, § 1. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, changed "two hundred thousand persons" to "two hundred fifty thousand persons". Law reviews. — For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).
NM Stat § 34-8A-2 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8A - Metropolitan Courts|Section 34-8A-2 - Metropolitan court; constitution.

With respect to the provisions of Sections 1 and 26 of Article 6 of the state constitution and all other provisions of law, the metropolitan court shall constitute a state magistrate court which is inferior to the district courts and is established by law pursuant to the provisions of Section 1 of Article 6 of the state constitution. History: Laws 1979, ch. 346, § 2; 1980, ch. 142, § 1. ANNOTATIONSAppeal provisions for magistrate courts not applicable. — Neither this section nor the constitutional provisions to which it refers have the effect of making appeal provisions for magistrate courts applicable to metropolitan court appeals. State v. Crespin, 1981-NMCA-084, 96 N.M. 553, 632 P.2d 1191, cert. denied, 97 N.M. 140, 637 P.2d 571. Duty of public defenders in metropolitan court. — The public defender department's scope of representation is limited statutorily to the magistrate and the district courts; the legislature has designated the Albuquerque metropolitan court as a magistrate court. Therefore, the public defender department is obligated to represent all indigents in the Albuquerque metropolitan court who are charged with any violation that carries a possible penalty of imprisonment, including city code violations. 1987 Op. Att'y Gen. No. 87-43.
NM Stat § 34-8A-4.1 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8A - Metropolitan Courts|Section 34-8A-4.1 - Metropolitan court judges; terms of office.

The term of office for each judge of the metropolitan court is four years. Judges shall be appointed, elected and retained in accordance with Article 6 of the constitution of New Mexico. History: 1978 Comp., § 34-8A-4.1, enacted by Laws 1981, ch. 318, § 2; 1988, ch. 115, § 1; 1990, ch. 114, § 1; 1997, ch. 180, § 3; 1999 (1st S.S.), ch. 4, § 1; 2005, ch. 284, § 4. ANNOTATIONSTemporary provisions. — Laws 2019, ch. 212, § 280 provided that the term of a metropolitan court judge serving in a division numbered 2 or every second number thereafter that was set to expire on December 31, 2022 shall expire on December 31, 2024, subject to the provisions of the Nonpartisan Judicial Retention Act and Article 6 of the constitution of New Mexico.Cross references. — For selection and retention of metropolitan court judges, see N.M. Const., art. VI, § 33. The 2005 amendment, effective July 1, 2005, changes "elected term" to "term"; provides that judges shall be appointed, elected and retained in accordance with the N.M. Const., art. VI; deletes former Subsection B which provided for the election of a person appointed to fill a vacancy on the metropolitan court; deletes former Subsection C which provided for the appointment, term of service and election of the Bernalillo county metropolitan judges in divisions thirteen, fourteen and fifteen; and deletes former Subsection D which provided for the appointment, term of service and election of the Bernalillo county metropolitan judge for division 16. The 1999 amendment, effective May 21, 1999, deleted Subsection B, which read "Judges of the metropolitan court who have been previously elected in a partisan election or who were serving as metropolitan judges on January 1, 1989 in divisions one through twelve shall be subject to retention or rejection on a nonpartisan ballot at the 1990 general election for a four-year term ending December 31, 1994", redesignated subsequent subsections accordingly, and added present Subsection D. The 1997 amendment, effective July 1, 1997, added the last sentence of Subsection D. The 1990 amendment, effective January 1, 1991, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 34-8A-4.2 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8A - Metropolitan Courts|Section 34-8A-4.2 - Appointment as special master, arbitrator or metropolitan court judge pro tempore; compensation.

A. The chief metropolitan court judge may appoint a retired metropolitan court judge, with the retired judge's consent, to serve as a special master, an arbitrator or a metropolitan court judge pro tempore, subject to money available in the metropolitan court operating budget. B. A retired metropolitan court judge shall be compensated for his services in an amount equal to ninety percent of the compensation provided to a district court judge pro tempore. History: Laws 2002, ch. 40, § 1. ANNOTATIONSEffective dates. — Laws 2002, ch. 40, § 2 made the act effective July 1, 2002.
NM Stat § 34-8A-7 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 8A - Metropolitan Courts|Section 34-8A-7 - Metropolitan court; administration.

A. The metropolitan judges of a metropolitan court shall select and appoint a court administrator who shall supervise all matters relating to the administration of the metropolitan court. The court administrator shall, after his appointment, be directly responsible to and work at the direction of the presiding judge of the metropolitan court. B. The metropolitan court administrator shall annually prepare and submit a proposed budget approved by the presiding judge of the metropolitan court to the administrative office of the courts. The metropolitan court shall make monthly written reports to the administrative office of the courts as is currently required of all magistrates and shall otherwise comply with the rules and statutes regarding administration except as provided by this act. C. All money for the operation and maintenance of the metropolitan court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers of the presiding judge of the metropolitan court and in accordance with budgets approved by the administrative office of the courts and the state budget division of the department of finance and administration. History: Laws 1979, ch. 346, § 7; 1980, ch. 142, § 5. ANNOTATIONSCompiler's notes. — The term "this act," referred to at the end of Subsection B, means Laws 1980, ch. 142, which is compiled as 34-8A-2 to 34-8A-4 and 34-8A-6 to 34-8A-8 NMSA 1978. Supreme court control over metropolitan courts. — The supreme court has ultimate authority over administrative matters of the courts. Russillo v. Scarborough, 935 F.2d 1167 (10th Cir. 1991). The supreme court's power of superintending control includes the authority to order the metropolitan court to terminate its court administrator. Russillo v. Scarborough, 935 F.2d 1167 (10th Cir. 1991). Metropolitan court administrator was an "at-will" employee who could have been terminated with or without cause, and was not entitled to any grievance procedures or to notice or hearing at termination. Russillo v. Scarborough, 727 F. Supp. 1402 (D.N.M. 1989), aff'd, 935 F.2d 1167 (10th Cir. 1991).