reglab/housing_qa huggingface dataset:
NM Stat § 34-6-38 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-38 - Finance; disposition of unclaimed money.

When money is held in the court clerk trust account and the person entitled to it does not make claim within six years from the date when it became payable, the money is presumed abandoned and shall be disposed of in the manner provided in the Uniform Disposition of Unclaimed Property Act [Uniform Unclaimed Property Act (1995), Chapter 7, Article 8A NMSA 1978]. History: 1953 Comp., § 16-3-26, enacted by Laws 1968, ch. 69, § 40. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-26, 1953 Comp., relating to levy and collection of state court tax fund. Compiler's notes. — The Uniform Disposition of Unclaimed Property Act, referred to in this section, was repealed by Laws 1997, ch. 25, § 33. The Uniform Disposition of Unclaimed Property Act was replaced by the Uniform Unclaimed Property Act (1995). The bracketed insertion was added by the compiler and is not a part of the enacted law.
NM Stat § 34-6-39 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-39 - Finance; improper disposition of money; penalty.

Any person who violates any provision of Sections 34-6-36 through 34-6-38 NMSA 1978, is guilty of a fourth degree felony. History: 1953 Comp., § 16-3-27, enacted by Laws 1968, ch. 69, § 41. ANNOTATIONSCross references. — For punishment for fourth degree felonies, see 31-18-15 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-27, 1953 Comp., relating to certification of amounts needed for criminal trials and duties in levying and collecting state court fund tax.
NM Stat § 34-6-40.1 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-40.1 - Civil action by state; filing fee assessed as costs.

In any civil action brought in the district court by the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], when judgment or stipulation for payment is rendered in favor of the state, political subdivision or corporation, the filing fee exempt from being paid by the state, political subdivision or corporation pursuant to Section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk from the first money paid by the nonprevailing party on the judgement or stipulation for payment. History: Laws 1981, ch. 307, § 1; 1989, ch. 90, § 2. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted the present provisions for "In any civil action brought by the state or its political subdivisions in the district court when judgment is rendered in favor of the state or political subdivision, the filing fee exempt from being paid by the state or its political subdivision pursuant to section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk".
NM Stat § 34-6-41 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-41 - Finance; jury refreshments, meals and rooms.

A. The district court may provide suitable refreshments for prospective jurors summoned for jury service. B. When district court juries are engaged in a trial, the court may provide suitable meals and necessary accommodations for them. History: 1953 Comp., § 16-3-29, enacted by Laws 1968, ch. 69, § 43; 1989, ch. 116, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-29, 1953 Comp., relating to requirement that county levy one mill tax before sharing in state court fund. The 1989 amendment, effective June 16, 1989, inserted "refreshments" in the catchline; designated the formerly undesignated provisions as Subsection B; and added Subsection A.
NM Stat § 34-6-42 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-42 - Finance; federal functions.

District court clerks shall collect fees required by federal law for services in connection with naturalization, passport applications and other matters. History: 1953 Comp., § 16-3-30, enacted by Laws 1968, ch. 69, § 44. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-30, 1953 Comp., relating to renting suitable quarters for court business. Disposition of excess fees. — Fees collected under this section which are in excess of those remitted to the federal government must be handled according to 34-6-37 NMSA 1978, and the district court clerk is precluded from retaining them. 1968 Op. Att'y Gen. No. 68-77.
NM Stat § 34-6-43 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-43 - Finance; statutory fees exclusive.

Services required to be performed by district court clerks are without charge when no fee is prescribed by law. History: 1953 Comp., § 16-3-31, enacted by Laws 1968, ch. 69, § 45. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-31, 1953 Comp., relating to payment of rentals from county court funds.
NM Stat § 34-6-44 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-44 - District court alternative dispute resolution fund; administration.

A judicial district that collects an alternative dispute resolution fee pursuant to Section 34-6-45 NMSA 1978 shall create an "alternative dispute resolution fund" of the judicial district. Money in the fund shall be used to defray the cost of operating alternative dispute resolution programs established by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs. No part of the fund shall revert at the end of any fiscal year. History: Laws 1986, ch. 26, § 1; 1989, ch. 324, § 27; 1994, ch. 37, § 1. ANNOTATIONSThe 1994 amendment, effective May 18, 1994, rewrote the section heading, which formerly read: "District court arbitration fund created; administration; distribution"; and rewrote the section. Law reviews. — For comment, "Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience," see 32 N.M. Rev. 181 (2002).
NM Stat § 34-6-45 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-45 - District courts; alternative dispute resolution; fee.

A. In addition to fees collected pursuant to, and subject to exceptions set forth in, Section 34-6-40 NMSA 1978 for docketing of civil cases in any judicial district that has established an alternative dispute resolution program, the district court clerk shall collect a fee of fifteen dollars ($15.00) on all new and reopened civil cases except domestic relations cases. The fee shall be deposited for credit to the district court alternative dispute resolution fund pursuant to the provisions of Section 34-6-44 NMSA 1978. B. A judicial district may establish an alternative dispute resolution program by court rule approved by the supreme court. Parties shall pay the cost of the alternative dispute resolution program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay. The fee shall be paid to the district court to be credited to the fund. History: Laws 1986, ch. 26, § 2; 1990, ch. 56, § 1; 1994, ch. 37, § 2; 2017, ch. 39, § 1. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, allowed district courts to recover costs from parties of alternative dispute resolution programs, and corrected a citation to the alternative dispute resolution fund; added the new subsection designation "A."; in Subsection A, after "alternative dispute resolution program", deleted "by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs", and after "Section", deleted "34-6-37" and added "34-6-44"; and added Subsection B. The 1994 amendment, effective May 18, 1994, rewrote the section heading, which read: "District courts; civil actions arbitration user fee"; substituted "alternative dispute resolution" for "arbitration" in the second sentence; and, in the first sentence, substituted "alternative dispute resolution program by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs" for "arbitration program by judicial district court rule as approved by the supreme court for the efficient and inexpensive disposition of small claims", and deleted "user" preceding "fee" and "and children's court" following "relations". The 1990 amendment, effective March 2, 1990, substituted the present first sentence of the section for a sentence which read "Subject to approval of the supreme court, district court clerks may collect an arbitration user fee not to exceed fifty dollars ($50.00) from each party referred to arbitration pursuant to the requirements of an arbitration program established by judicial district court rule as approved by the supreme court for the efficient and inexpensive disposition of small claims".
NM Stat § 34-6-46 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-46 - District court; indigency standard; fee schedule; reimbursement.

A. The district court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence. B. The district court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent defendants who are financially unable to obtain private counsel. C. The district court shall order reimbursement from each person who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that he was not indigent according to the standard for indigency adopted by the public defender department. D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund. History: 1978 Comp., § 34-6-46, enacted by Laws 1987, ch. 20, § 3. ANNOTATIONSCross references. — For defense of indigents, see 31-16-1 NMSA 1978.
NM Stat § 34-6-47 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-47 - Drug court fees; fund created.

A. In addition to any other fees collected in the district court, a district court that has established an adult drug court may assess and collect from participants a "drug court fee" of fifty dollars ($50.00) a month. Program fee requirements may be satisfied by community service at the federal minimum wage. B. Drug court fees shall be deposited in the "drug court fund" of a specific judicial district in the state treasury. The judicial district shall administer money in the fund to offset client service costs of the drug court program, consistent with standards approved by the supreme court. Money in the fund shall be expended on warrants of the secretary of finance and administration upon vouchers signed by the court administrator or his authorized representative. Balances in the fund shall not revert to the general fund at the end of a fiscal year. History: Laws 2003, ch. 240, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 240, § 4 makes the act effective July 1, 2003. Appropriations. — Laws 2006, ch. 110, § 1, appropriates $257,000 to the administrative office of the courts for the drug court program and $57,000 to the second judicial district for the drug court.
NM Stat § 34-6-48 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-48 - District court; electronic services fee.

A district court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund. History: Laws 2009, ch. 112, § 4. ANNOTATIONSEffective dates. — Laws 2009, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 34-7-1 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-1 - Probate judge; authorized.

There shall be a probate judge in each county of this state. The position of probate judge shall be deemed a part-time position. History: Kearny Code, Courts and Judicial Powers, § 19; C.L. 1865, ch. 21, § 1; C.L. 1884, § 407; C.L. 1897, § 745; Code 1915, § 1423; C.S. 1929, § 34-401; 1941 Comp., § 16-401; 1953 Comp., § 16-4-1; Laws 1987, ch. 224, § 1. ANNOTATIONSCross references. — For title to townsites vesting in probate judge, see 19-4-4 NMSA 1978. For Probate Code, see 45-1-101 NMSA 1978. For probate court forms, see 4B-001 NMRA. Compiler's notes. — The 1915 Code compilers deleted "who shall hold his office for two years, and until his successor be appointed and qualified" at the end. Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 14. 21 C.J.S. Courts § 93 et seq.
NM Stat § 34-7-2 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-2 - [Probate judge and sheriff elected at each general election.]

At each general election held in this state there shall be elected in each county a probate judge and a sheriff. History: Laws 1851-1852, p. 198; C.L. 1865, ch. 63, § 4; Code 1915, § 1245; C.S. 1929, § 33-4401; 1941 Comp., § 16-402; 1953 Comp., § 16-4-2. ANNOTATIONSCross references. — For effect of city-county consolidation on probate judge, see 3-16-11 NMSA 1978. Compiler's notes. — This section was also compiled as Chapter 4, Article 41 NMSA 1978, since it relates to both probate judges and sheriffs. As it appeared in the 1865 Code, this section read: "On the first Monday in September of this year, 1851, and every two years thereafter, there shall be an election in each county of the territory, for the election of their respective probate judge and sheriff." The section was omitted from Comp. Laws 1884 and 1897. Its provisions were compiled as one note in the 1915 Code and 1929 Comp., but in the 1941 and 1953 Comps. they were compiled as two sections, with the reference to "a probate judge" omitted from one and "a sheriff " omitted from the other. Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).
NM Stat § 34-7-3 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-3 - [Seal of probate court.]

The probate courts shall procure and keep a seal with such emblems and devices as the courts shall think proper. History: Kearny Code, Records and Seals, § 1; C.L. 1865, ch. 93, § 1; C.L. 1884, § 658; C.L. 1897, § 1033; Code 1915, § 1424; C.S. 1929, § 34-402; 1941 Comp., § 16-404; 1953 Comp., § 16-4-4. ANNOTATIONSCross references. — For affixing and preservation of seal by clerk, see 34-1-6 NMSA 1978.
NM Stat § 34-7-4 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-4 - [Place of holding court and keeping clerk's office.]

The probate judges of this state are strictly required to hold their courts in the county seats of their counties, and the probate clerks shall also have their offices in the said county seat of the county at all times. History: Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; Code 1915, § 1426; C.S. 1929, § 34-404; 1941 Comp., § 16-405; 1953 Comp., § 16-4-5. ANNOTATIONSCross references. — For penalty for violating this section, see 34-7-5 NMSA 1978. For county clerk serving as probate court clerk if no other provision is made, see N.M. Const., art. VI, § 22. For sheriff attending sessions, see 4-41-13, 4-41-16 NMSA 1978. Removal to new county seat. — A county is authorized to remove to a properly selected new county seat all county offices and property pertaining thereto, if new courthouse and jail are ready for occupancy. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41. Office need not be in courthouse or designated space. — This section only requires that office of the probate judge be located within the county seat; hence, it need not necessarily be in the courthouse or within some space designated by the county commissioners. 1943 Op. Att'y Gen. No. 43-4406. County clerk cannot be paid additional salary for serving as probate clerk. 1943 Op. Att'y Gen. No. 43-4365.
NM Stat § 34-7-5 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-5 - [Failure to hold court or keep clerk's office at county seat; penalty.]

For every neglect on the part of any probate judge, or clerk of any probate court of the state, in the discharge of their duties as prescribed in the previous section [34-7-4 NMSA 1978], the one so failing, upon conviction thereof in the district court, shall be fined in a sum not exceeding five thousand dollars [($5,000)]. History: Laws 1869-1870, ch. 51, § 2; 1882, ch. 82, § 1; C.L. 1884, § 16; C.L. 1897, § 750; Code 1915, § 1427; C.S. 1929, § 34-405; 1941 Comp., § 16-406; 1953 Comp., § 16-4-6. 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 law. Compiler's notes. — The 1915 Code compilers, presumably under authority of Laws 1909, ch. 36, § 30 (compiled as 10-4-29 NMSA 1978), deleted, from the end of this section, the words "and the judge trying the cause, in addition to giving judgment against the guilty party, shall remove him from office and immediately appoint a capable person to hold said office, so vacated temporarily, and he shall officially notify the governor of the same, who shall at once order an election, which shall be held to fill such office in conformity with the election laws of the territory. The person appointed by any judge to fill any office shall have the qualifications now required by law for the office to which he has been appointed and shall be authorized to discharge all the duties of such office until his successor shall be elected and qualified: provided, that he shall be first qualified in the same manner as if he had been originally elected to such office." Originally, under provisions of Laws 1887, ch. 8, § 1, the bond of the probate judge was set at $5,000, apparently to correspond with the maximum penalty provided under this section; however, the bond provision was reduced by Laws 1953, ch. 5, § 1 (16-4-3 1953 Comp., now repealed) from $5,000 to $500. See 10-1-13 NMSA 1978 for present provisions.
NM Stat § 34-7-6 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-6 - [County must furnish office and supplies for judge.]

That the county commissioners of each county in this state shall provide a suitable office for the accommodation of the probate judge of the county, and shall furnish all stationery, and such other things as may be necessary for the prompt discharge of the duties of said judges. History: Laws 1887, ch. 66, § 3; C.L. 1897, § 754; Code 1915, § 1437; C.S. 1929, § 34-418; 1941 Comp., § 16-407; 1953 Comp., § 16-4-7. ANNOTATIONSCross references. — For place of holding court and clerk's office, see 34-7-4 NMSA 1978.
NM Stat § 34-7-7 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-7 - [Custody of archives, documents and books.]

The archives of said offices shall be under the charge of the clerks of said probate courts, and said clerks are prohibited from taking from said offices any document or book pertaining to said offices beyond six miles from said offices. History: Law 1865-1866, ch. 41, § 2; C.L. 1884, § 411; C.L. 1897, § 747; Code 1915, § 1425; C.S. 1929, § 34-403; 1941 Comp., § 16-408; 1953 Comp., § 16-4-8. ANNOTATIONSCompiler's notes. — The 1915 Code compilers deleted "The offices of the said probate courts shall be kept at the county seats of their respective counties, and" from the beginning of this section. See 34-7-4, 34-7-6 NMSA 1978.
NM Stat § 34-7-8 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-8 - Probate courts; hours of business; notice.

The probate courts of the state shall be in session and open at such times as are needed for the transaction of any business matters which may properly come before the courts under the laws of the state and upon notice thereof given as required under the laws of the state. History: Laws 1935, ch. 63, § 1; 1941 Comp., § 16-409; 1953 Comp., § 16-4-9; Laws 1987, ch. 224, § 2. ANNOTATIONSValidating clauses. — Laws 1935, ch. 63, § 2, reads: "All matters and business transacted, judgments and decrees heretofore legally entered by the probate courts of the state of New Mexico, whether the same were heard and determined and judgment entered at a time other than at a term time as may heretofore have been provided under the laws of the state of New Mexico, are hereby approved, ratified and confirmed."
NM Stat § 34-7-9 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 7 - Probate Courts|Section 34-7-9 - [Probate judge interested or disqualified; transfer to district court.]

Whenever the probate judge shall, for any reason, be interested or disqualified from acting in any proceeding coming within the jurisdiction of the probate court, he shall upon his own motion or that of any interested party, forthwith enter an order transferring such proceeding to the district court having jurisdiction in that county and directing the probate clerk to deposit forthwith within the office of the clerk of said district court a certified copy of said order together with all original papers and records or certified copies of all original papers and records in the probate court relating to said proceeding. History: Laws 1889, ch. 132, § 1; C.L. 1897, § 751; Code 1915, § 1433; C.S. 1929, § 34-414; Laws 1933, ch. 102, § 1; 1941 Comp., § 16-412; 1953 Comp., § 16-4-12. ANNOTATIONSCross references. — For disqualification of judges, see N.M. Const., art. VI, § 18. For performance of acts and orders when probate judge is unable to act, see 45-1-307 NMSA 1978. More than belief of partiality required. — In light of the provisions of this section, which requires an actual interest or disqualification, 38-3-9 NMSA 1978, which requires only a belief of partiality, does not apply to probate judges. In re Estate of Tarlton, 1972-NMSC-060, 84 N.M. 95, 500 P.2d 180. Disqualification not automatic on filing motions. — This section is merely a statutory declaration of N.M. Const., art. VI, § 18, which prohibits any judge from sitting in any cause in which the judge has an interest except by consent of the parties. A creditor's motion cannot act to automatically transfer the cause; it is necessary for the creditor to direct the court's attention to the grounds for disqualification. In re Estate of Tarlton, 1972-NMSC-060, 84 N.M. 95, 500 P.2d 180.