reglab/housing_qa huggingface dataset:
NM Stat § 35-1-29 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-29 - Magistrate court; Santa Fe district.

There shall be four magistrates in the Santa Fe magistrate district, divisions 1, 2, 3 and 4 operating as a single court in Santa Fe; however, one magistrate shall ride circuit to Pojoaque on a regularly scheduled basis. History: 1953 Comp., § 36-1-29, enacted by Laws 1968, ch. 62, § 31; 1969, ch. 231, § 1; 1985, ch. 145, § 12; 2005, ch. 284, § 8. ANNOTATIONSThe 2005 amendment, effective July 1, 2005, increased the number for magistrates from three to four and provided that division 4 shall be in Santa Fe. Temporary provision. — Laws 2005, ch. 284, § 10 provided that the offices of magistrate in San Juan division 5, Sandoval division 3 and Santa Fe division 4 shall be filled by appointment by the governor to begin serving on July 1, 2005. The appointed magistrates shall serve until succeeded by magistrates elected at the general election in 2006. The first full term of office of the elected magistrates shall begin on January 1, 2007.
NM Stat § 35-1-30 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-30 - Magistrate court; Sierra district.

There shall be one magistrate in Sierra magistrate district with a court in Truth or Consequences. History: 1953 Comp., § 36-1-30, enacted by Laws 1968, ch. 62, § 32.
NM Stat § 35-1-31 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-31 - Magistrate court; Socorro district.

There shall be one magistrate in Socorro magistrate district with a court in Socorro. History: 1953 Comp., § 36-1-31, enacted by Laws 1968, ch. 62, § 33.
NM Stat § 35-1-32 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-32 - Magistrate court; Taos district.

There shall be two magistrates in Taos magistrate district, divisions 1 and 2 operating as a single court in Taos. History: 1953 Comp., § 36-1-32, enacted by Laws 1968, ch. 62, § 34; 1972, ch. 45, § 1; 1985, ch. 145, § 13; 2017, ch. 8, § 2. ANNOTATIONSThe 2017 amendment, effective June 16, 2017, eliminated the magistrate circuit court in Questa, and deleted the last sentence of the section, which provided "The magistrates shall rotate riding circuit to Questa on a regularly scheduled basis.".
NM Stat § 35-1-33 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-33 - Magistrate court; Torrance district.

There shall be one magistrate in Torrance magistrate district whose principal court is in Moriarty. The magistrate shall ride circuit to Estancia on a regularly scheduled basis. History: 1953 Comp., § 36-1-33, enacted by Laws 1968, ch. 62, § 35; 1972, ch. 45, § 2; 1985, ch. 145, § 14.
NM Stat § 35-1-34 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-34 - Magistrate court; Union district.

There shall be one magistrate in Union magistrate district with a court in Clayton. History: 1953 Comp., § 36-1-34, enacted by Laws 1968, ch. 62, § 36.
NM Stat § 35-1-35 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-35 - Magistrate court; Valencia district.

There shall be three magistrates in Valencia magistrate district, division 1 and division 3 in Los Lunas and division 2 in Belen. History: 1953 Comp., § 36-1-35, enacted by Laws 1968, ch. 62, § 37; 1972, ch. 45, § 3; 1982, ch. 101, § 4; 1992, ch. 30, § 1. ANNOTATIONSThe 1992 amendment, effective July 1, 1993, substituted "three magistrates" for "two magistrates" and "division 3 in Los Lunas" for "division 2 in Los Lunas".
NM Stat § 35-1-36 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-36 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 266, § 6, repealed 35-1-36 NMSA 1978, as enacted by Laws 1968, ch. 62, § 38, relating to compensation for each specific magistrate district, effective January 1, 1983.
NM Stat § 35-1-36.1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-36.1 - Magistrate court; compensation.

A. All magistrates shall be full-time. B. A full-time magistrate is defined as a magistrate who holds office hours a minimum of forty hours per week and who holds no other employment that may conflict with his full-time judicial duties. History: 1978 Comp., § 35-1-36.1, enacted by Laws 1986, ch. 96, § 1; 1988, ch. 136, § 5; 1989, ch. 283, § 5; 1990, ch. 115, § 5; 1993, ch. 278, § 3; 1994, ch. 74, § 1. ANNOTATIONSCross references. — For administrative office of the courts, see 34-9-1 NMSA 1978 et seq. The 1994 amendment, effective March 4, 1994, deleted Subsections C and D, defining half-time and quarter-time magistrate, and rewrote Subsection A, which formerly read: "All magistrates, except for Lea magistrate district division 4 and McKinley magistrate district division 3, shall be full-time magistrates. The Lea magistrate district division 4 magistrate shall serve one-quarter time and the McKinley magistrate district division 3 magistrate shall serve one-half time." The 1993 amendment, effective January 1, 1994, deleted the former second sentence of Subsections B, C and D, which concerned the compensation of full-time magistrates, half-time magistrates, and quarter-time magistrates, respectively. The 1990 amendment, effective July 6, 1990, in Subsection B, increased the salary of full-time magistrates from $38,035 to $45,000; in Subsection C, increased the salary of half-time magistrates from $19,020 to $22,500; and deleted former Subsection E which read "The administrative office of the courts shall review the need for quarter-time and half-time magistrates and make recommendations to the thirty-ninth legislature, second session". The 1989 amendment, effective at the beginning of the first full pay period of the seventy-ninth fiscal year, in Subsection B, substituted "thirty-eight thousand thirty-five dollars ($38,035)" for "thirty-one thousand sixty-eight dollars ($31,068)", and, in Subsection C, substituted "nineteen thousand twenty dollars ($19,020)" for "fifteen thousand five hundred thirty-four dollars ($15,534)". The 1988 amendment, effective on the beginning of the first pay period of the seventy-seventh fiscal year, substituted "thirty-one thousand sixty-eight dollars ($31,068)" for "twenty-nine thousand six hundred eighty-eight dollars ($29,688)" in the second sentence of Subsection B, substituted "fifteen thousand five hundred thirty-four dollars ($15,534)" for "fourteen thousand eight hundred forty-four dollars ($14,844)" in the second sentence of Subsection C, and substituted "eleven thousand six hundred fifty-one dollars ($11,651)" for "eleven thousand one hundred thirty-three dollars ($11,133)" in the second sentence of Subsection D.
NM Stat § 35-1-36.2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-36.2 - Repealed.

ANNOTATIONSRepeals. — Laws 1986, ch. 96, § 2 repealed 35-1-36.2 NMSA 1978, as enacted by Laws 1981, ch. 266, § 3, relating to category designations of magistrates courts, effective January 1, 1987.
NM Stat § 35-1-37 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-37 - Magistrate court; presiding magistrate.

In magistrate districts where two or more divisions operate as a single court, the chief district judge shall designate the magistrate of one of the divisions as "presiding magistrate" to perform administrative duties prescribed by the supreme court. History: 1953 Comp., § 36-1-37, enacted by Laws 1968, ch. 62, § 39; 1999, ch. 95, § 1; 2021, ch. 95, § 1. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; and after "single court, the", changed "director of the administrative office of the courts" to "chief district judge", after "prescribed by", deleted "regulation of", and after the next occurrence of "the", changed "administrative office" to "supreme court".The 1999 amendment, effective July 1, 1999, purported to amend this section but made no change.
NM Stat § 35-1-38 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-38 - Magistrate court; justices of the peace abolished; transfer.

The office of justice of the peace is abolished. All jurisdiction, powers and duties conferred by law upon justices of the peace are transferred to the magistrate court. Whenever the term "justice of the peace" may be used in the laws, it shall be construed to refer to the magistrate court. History: 1953 Comp., § 36-1-38, enacted by Laws 1968, ch. 62, § 40. ANNOTATIONSCross references. — For establishment of magistrate court, see N.M. Const., art. VI, § 26, and 35-1-1 NMSA 1978. For abolition of justice of the peace, see N.M. Const., art. VI, § 31. Effect in criminal cases. — The transfer provision of this section does not grant a magistrate the authority to set aside its judgment in a criminal case. State v. Vega, 1977-NMCA-107, 91 N.M. 22, 569 P.2d 948, overruled on other grounds by State v. Tollardo, 1982-NMCA-156, 99 N.M. 115, 654 P.2d 568. Lay practice must be continual. — Where the practice is not occasional and non-reoccurring, but is continual, the New Mexico supreme court will not permit the practice of law by unlicensed magistrate courts' lawyers who are unfettered by the strictures which apply to the rest of the legal profession. State ex rel. Norvell v. Credit Bureau of Albuquerque, Inc., 1973-NMSC-087, 85 N.M. 521, 514 P.2d 40. Magistrate court jurisdiction affected by transferred laws. — The jurisdiction and powers of a magistrate's court are governed by the laws relating to justices of the peace except as they have been later changed. 1969 Op. Att'y Gen. No. 69-91. Jurisdiction affected by transferred cases. — Recourse must be had to decisions in New Mexico courts setting forth the powers of justices of the peace which now apply equally to magistrates. 1969 Op. Att'y Gen. No. 69-91. Effect on practice of law by laymen. — Under this section a layman would be allowed to practice law in magistrate courts to whatever extent he could formerly practice in the justice of the peace courts. 1969 Op. Att'y Gen. No. 69-12. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justice of the Peace § 6. 51 C.J.S. Justices of the Peace §§ 1, 4, 26 to 52.
NM Stat § 35-1-39 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 1 - Magistrate Court; Establishment; Districts; Election|Section 35-1-39 - Deleted.

ANNOTATIONSCompiler's notes. — This section, as enacted by Laws 1995, ch. 85, § 18, relating to the magistrate court in the new county created by Chapter 4, Article 1A NMSA 1978, was deleted by the compiler in 1996. Section 20 of Laws 1995, ch. 85 provided that the act shall be effective upon certification by the state canvassing board that a majority of votes cast in the referendum conducted pursuant to 4-1A-15 NMSA 1978 was for the creation and operation of the new county; that referendum was defeated at the general election held November 5, 1996, by a vote of 2,224 for and 9,055 against. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
NM Stat § 35-2-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 2 - Magistrate Court; Qualification|Section 35-2-2 - Qualification; vacancies.

The governor shall fill vacancies in the office of magistrate by appointment of persons who possess the personal qualifications established by law to serve until the next general election. History: 1953 Comp., § 36-2-2, enacted by Laws 1968, ch. 62, § 42. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-2-2, 1953 Comp., relating to administration of oaths and affidavits of justices, effective January 1, 1969. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace §§ 4, 6, 8.
NM Stat § 35-2-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 2 - Magistrate Court; Qualification|Section 35-2-4 - Qualification; continuing in office; mandatory training program.

A. As a qualification for continuing in office, each magistrate shall attend at least one magistrate training program each year unless excused in writing by the chief justice of the supreme court for good cause shown. B. The administrative office of the courts shall prescribe and conduct annual magistrate training programs designed to inform magistrates with reference to judicial powers and duties and to improve the administration of justice, and shall notify each magistrate of times and places designated for such training programs each year. All officers, agencies and institutions of the state shall cooperate and assist with magistrate training programs upon request of the administrative office. C. Any magistrate who fails to attend and remain present through all proceedings of at least one magistrate training program during any calendar year without being excused as provided in Subsection A shall be held to have resigned his office, and the administrative office shall revoke his certificate of magistrate qualification and certify the existence of the vacancy to the governor. D. Magistrates shall be reimbursed per diem and mileage for one round trip to attend one magistrate training program each year. Per diem and mileage shall be paid as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1953 Comp., § 36-2-4, enacted by Laws 1968, ch. 62, § 44; 1971, ch. 7, § 3. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed 36-2-4, 1953 Comp., relating to titles to land, effective January 1, 1969. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace § 15.
NM Stat § 35-2-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 2 - Magistrate Court; Qualification|Section 35-2-5 - Qualification; failure to qualify.

A. Any judicial act is void if performed by a magistrate prior to the issuance to him of a certificate of magistrate qualification or during any period of suspension or revocation of the certificate, and the magistrate is personally liable for any damages resulting from such act. B. No compensation shall be paid to any magistrate for any period of time during which he did not hold a valid certificate of magistrate qualification. History: 1953 Comp., § 36-2-5, enacted by Laws 1968, ch. 62, § 45. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-2-5, 1953 Comp., relating to jurisdiction over misdemeanors, effective January 1, 1969.
NM Stat § 35-2-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 2 - Magistrate Court; Qualification|Section 35-2-6 - Appointment as special master, arbitrator or magistrate judge pro tempore; compensation.

A. A chief district court judge may appoint a retired magistrate judge, with the retired judge's consent, to serve as a magistrate judge pro tempore, subject to the money available to the judge pro tempore fund. B. The retired magistrate judge shall be: (1) compensated for his services in an amount equal to the hourly salary paid to magistrate judges; and (2) reimbursed for his expenses in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] that apply to nonsalaried public officers. History: Laws 1997, ch. 114, § 1; 2001, ch. 71, § 1. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, inserted "compensation" in the section heading; inserted the Subsection A and B designations; in Subsection B, deleted "compensated for his services as provided for nonsalaried public officers in the Per Diem and Mileage Act" following "shall be" and inserted Paragraphs (1) and (2).
NM Stat § 35-2-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 2 - Magistrate Court; Qualification|Section 35-2-7 - Magistrate courts; authority to conduct a mediation program; training.

A. If approved by the administrative office of the courts pursuant to Subsection B of this section, a probate judge shall have authority to conduct mediation programs in a magistrate court. B. The director of the administrative office of the courts may approve a probate judge to exercise the authority conferred in Subsection A of this section if the judicial district for the county in which the magistrate court is located has certified that the probate judge is qualified, by training or experience, to conduct the mediation program. C. The supreme court shall enact rules necessary for the implementation of this section. History: Laws 1999, ch. 110, § 1. ANNOTATIONSEffective dates. — Laws 1999, ch. 110 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature. Cross references. — For authorization for appointment of probate judges, see 34-7-1 NMSA 1978.
NM Stat § 35-3-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 3 - Magistrate Court; Jurisdiction|Section 35-3-1 - Jurisdiction; administration of oaths.

Magistrates may administer oaths and affirmations and take acknowledgments of instruments in writing, but shall charge no fee therefor. Magistrates may acquire appropriate seals for this purpose. History: 1953 Comp., § 36-3-1, enacted by Laws 1968, ch. 62, § 46. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-1, 1953 Comp., relating to venue in civil suits, and disqualification of justice for interest or relationship, effective January 1, 1969. Cross references. — For authority to take acknowledgments, see 14-14-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Acknowledgments §§ 4, 87; 47 Am. Jur. 2d Justices of the Peace § 17; 58 Am. Jur. 2d Oaths and Affirmations §§ 11, 14, 15, 17. 1A C.J.S. Acknowledgments § 33; 51 C.J.S. Justices of the Peace §§ 7, 26, 41; 67 C.J.S. Oaths § 5.
NM Stat § 35-3-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 3 - Magistrate Court; Jurisdiction|Section 35-3-2 - Authority; marriages.

Magistrates may solemnize the contract of matrimony throughout the state but shall charge no fee for it. History: 1953 Comp., § 36-3-2, enacted by Laws 1968, ch. 62, § 47; 1989, ch. 160, § 1. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repeals former 36-3-2, 1953 Comp., relating to jurisdiction where evasion of suit by defendant, effective January 1, 1969. The 1989 amendment, effective June 16, 1989, substituted "Authority" for "Jurisdiction" in the catchline, and substituted all of the language following "matrimony" for "but shall charge no fee therefor". Place where judge may perform marriage ceremony. — Except for probate and municipal judges, judges and justices may solemnize marriages anywhere in New Mexico. 1991 Op. Att'y Gen. No. 91-09. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Marriage § 40. Validity of marriage as affected by lack of legal authority of person solemnizing it, 13 A.L.R.4th 1323. 51 C.J.S. Justices of the Peace § 16; 55 C.J.S. Marriage § 29.
NM Stat § 35-3-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 3 - Magistrate Court; Jurisdiction|Section 35-3-5 - Jurisdiction; venue of actions.

A. Venue of actions in the magistrate court lies: (1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and (2) in criminal actions, in the magistrate district where the crime is alleged to have been committed. B. The provisions of Section 35-3-6 or 35-3-7 NMSA 1978, supersede this section whenever they become applicable. History: 1953 Comp., § 36-3-5, enacted by Laws 1968, ch. 62, § 50. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-5, 1953 Comp., relating to petition and affidavits for change of venue, effective January 1, 1969. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace §§ 21, 74. Construction and effect of statutes providing for jurisdiction of criminal case in either county, where crime is committed partly in one county and partly in another, 30 A.L.R.2d 1265, 73 A.L.R.3d 907, 100 A.L.R.3d 1174, 11 A.L.R.4th 704. 22 C.J.S. Criminal Law § 178; 51 C.J.S. Justices of the Peace § 61.
NM Stat § 35-3-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 3 - Magistrate Court; Jurisdiction|Section 35-3-8 - Jurisdiction; recusal.

A. Except by consent of all parties, no magistrate shall sit in any action in which: (1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin; (2) he was counsel for either party in that action; or (3) he has an interest. B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification. History: 1953 Comp., § 36-3-8, enacted by Laws 1968, ch. 62, § 53. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-8, 1953 Comp., relating to costs and expenses attending change of venue because of disqualification of justice, effective January 1, 1969. Cross references. — For disqualification for interest on relationship, see N.M. Const., art. VI, § 18. For recusal of magistrate, see Rule 2-106 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 43. Relationship of judge to one who is party in an official or representative capacity as disqualification, 10 A.L.R.2d 1307. Mandamus as remedy to compel assertedly disqualified judge to recuse self or to certify his disqualification, 45 A.L.R.2d 937, 56 A.L.R. Fed. 494. Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143. Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471. 51 C.J.S. Justices of the Peace §§ 44, 49.
NM Stat § 35-3-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 3 - Magistrate Court; Jurisdiction|Section 35-3-10 - Jurisdiction; failure to exercise; unlawful exercise; remedy.

If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules. History: 1953 Comp., § 36-3-10, enacted by Laws 1975, ch. 242, § 2. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-10, 1953 Comp., relating to transmittal of papers in justice courts. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Rules of Civil Procedure for the Magistrate Court, see Rule 2-101 NMRA et seq. For Rules of Criminal Procedure for the Magistrate Courts, see Rule 6-101 NMRA et seq.