2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-3 - Qualification; certificate of magistrate qualification.

A. Within fifteen days after each general election, the administrative office of the courts shall notify each apparently successful candidate for the office of magistrate of the requirements for qualification. Within thirty days after election or appointment, each apparently successful candidate and each appointee shall file with the administrative office of the courts an application for certificate of magistrate qualification. The application shall be in a form prescribed by the administrative office of the courts and shall include:
(1) the oath of office prescribed by the constitution for public officers subscribed to by the applicant;
(2) the applicant's certificate of election or appointment; and
(3) evidence of the applicant's possession of personal qualifications required by law.
B. Each applicant for a certificate of magistrate qualification who has not previously held such a certificate shall attend a qualification training program conducted by the administrative office of the courts as a prerequisite to the issuance of the applicant's first certificate. The administrative office of the courts shall prescribe the content of the qualification training program so as to inform applicants with reference to judicial powers and duties.
C. Upon approval of the application and, when required, upon the applicant's attendance at a qualification training program, the administrative office of the courts shall certify the applicant's initial qualification in accordance with the requirements of law by issuing to the applicant a "certificate of magistrate qualification". Each magistrate shall post the certificate in a conspicuous place in the magistrate's courtroom.
D. If not sooner suspended or revoked as provided by law, each certificate of magistrate qualification automatically expires at the end of the term to which the magistrate is elected or appointed or when the magistrate's successor in office is qualified, whichever is later.
E. Any magistrate who fails to complete the requirements for initial qualification within forty-five days of election or appointment shall be held to have resigned the magistrate's office. The chief district judge shall certify the existence of any magistrate vacancy to the governor and notify the administrative office of the courts.
History:
1953 Comp., § 36-2-3, enacted by Laws 1968, ch. 62, § 43; 2021, ch. 95, § 2.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-2-3, 1953 Comp., relating to jurisdictional amount in civil matters, effective January 1, 1969.
Cross references.
— For constitutional oath of office,
see
N.M. Const., art. XX, § 1.
The 2021 amendment,
effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; in Subsection E, after "resigned", deleted "his" and added "the magistrate's", after "office", deleted "and the administrative office" and added "The chief district judge", after existence of", deleted "the" and added "any magistrate", and after "governor", added "and notify the administrative office of the courts".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace § 9.