reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 159, § 15, effective March 6, 1978, repealed 16-4-15, 1953 Comp.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.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-13 - Administration; supreme court rules.

A. The supreme court shall promulgate rules to regulate pleading, practice and procedure in the probate courts to simplify and promote the speedy determination of probate. The rules shall not abridge, enlarge or modify the substantive rights of any party.
B. The supreme court shall cause all rules to be printed and distributed to all probate judges and to all members of the bar, and no rule shall become effective until thirty days after the rule has been printed and distributed.
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§ 752; Code 1915, § 1435; C.S. 1929, § 34-416; 1941 Comp., § 16-416; 1953 Comp., § 16-4-16; 1978 Comp., § 34-7-13, repealed and reenacted by Laws 2023, ch. 44, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 10 repealed former 34-7-13 NMSA 1978 and enacted a new section, effective July 1, 2023.
Cross 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.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-14 - Fees of probate court.

Clerks of the probate courts shall receive a filing fee of thirty dollars ($30.00) for each probate case.
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§ 16-422; 1953 Comp., § 16-4-22; 1961, ch. 16, § 1; 1975, ch. 257, § 8-102; 1993, ch. 132, § 1; 1978 Comp., § 34-7-14, repealed and reenacted by Laws 2023, ch. 44, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 11 repealed former 34-7-14 NMSA 1978 and enacted a new section, effective July 1, 2023.
Cross 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.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-15 - Repealed.

History:
Laws 1923, ch. 29, § 2; C.S. 1929, § 34-407; 1941 Comp., § 16-423; 1953 Comp., § 16-4-23; 1978 Comp., § 34-7-15, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-15 NMSA 1978, as enacted by Laws 1923, ch. 29, § 2, relating to additional fees of clerk, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-16 - Repealed.

History:
Laws 1923, ch. 29, § 4; C.S. 1929, § 34-409; 1941 Comp., § 16-424; 1953 Comp., § 16-4-24; 1978 Comp., § 34-7-16, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-16 NMSA 1978, as enacted by Laws 1923, ch. 29, § 4, relating to fees exclusive, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-17 - Probate court to keep accounts.

The clerk of each probate court shall keep the accounts of the probate court and a record 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; 1978 Comp., § 34-7-17; 2023, ch. 44, § 12.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, required the clerk of each probate court to keep the accounts of the probate court; added the section heading "Probate court to keep accounts"; and after "The", added "clerk of each", after the next occurrence of "probate", deleted "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" and added "court shall keep the accounts of the probate court and a record".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-18 - Public money; when cases transferred to district court.

A. All money collected by a probate court in connection with any probate case is public money of the county held in trust until disbursed in accordance with law.
B. If a party informs the probate court that distribution to a decedent's estate is required by federal law or other regulatory provision and there is no other account of the estate established to receive the money, the probate judge shall transfer the case to the district court.
C. If a will requires a bond to be deposited with the court, the probate judge shall transfer the case to the district court.
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; 1978 Comp., § 34-7-18, repealed and reenacted by Laws 2023, ch. 44, § 13.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 13 repealed former 34-7-18 NMSA 1978 and enacted a new section, effective July 1, 2023.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-19 - Repealed.

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; 1978 Comp., § 34-7-19, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-19 NMSA 1978, as enacted by Laws 1860-1861, p. 80, relating to penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-20 - Repealed.

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; 1978 Comp., § 34-7-20, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-20 NMSA 1978, as enacted by Laws 1889, ch. 90, § 42, relating to record of decedents' estates, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-21 - Repealed.

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; 1978 Comp., § 34-7-21, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-21 NMSA 1978, as enacted by Laws 1889, ch. 90, § 43, relating to record of bonds and wills, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-22 - Clerk of the probate court; deputy clerks; powers.

A. Unless otherwise provided by law, the county clerk of each county is designated as the clerk of the probate court in that county and shall have power to appoint deputy clerks of the probate court who shall have full power to perform all the duties of the clerk of the probate court. The fees received by the probate court shall be deposited in the county clerk recording and filing fund.
B. The board of county commissioners of a county may by ordinance provide for a separate clerk of the probate court who shall have the power to appoint deputy clerks, and the fees received by that probate court shall be deposited in the county general fund.
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; 1978 Comp., § 34-7-22, repealed and reenacted by Laws 2023, ch. 44, § 14.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 14 repealed former 34-7-22 NMSA 1978 and enacted a new section, effective July 1, 2023.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-23 - Repealed.

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; 1978 Comp., § 34-7-23, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-23 NMSA 1978, as enacted by Laws 1866-1867, ch. 24, relating to oath of deputy clerks, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-24 - Repealed.

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; 1978 Comp., § 34-7-24, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-24 NMSA 1978, as enacted by Laws 1866-1867, ch. 24, § 3, relating to authority of deputies, responsibility, signing papers, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-25 - Repealed.

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; 1978 Comp., § 34-7-25, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-25 NMSA 1978, as enacted by Laws 1866-1867, ch. 24, § 4, relating to compensation of deputies to be paid by clerk, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8 - Small Claims Courts (Repealed.) › Section 34-8-1 to 34-8-13 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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).
2023 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.
ANNOTATIONS
Appeal 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.
2023 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.
ANNOTATIONS
Temporary 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 40, § 2 made the act effective July 1, 2002.
2023 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.
ANNOTATIONS
Compiler'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).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-8 - Metropolitan court; Bernalillo district.

A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court".
B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws and regulations applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law.
C. There shall be nineteen judges of the Bernalillo county metropolitan court.
History:
Laws 1979, ch. 346, § 8; 1980, ch. 142, § 6; 1981, ch. 308, § 1; 1983, ch. 70, § 1; 1988, ch. 115, § 2; 1990, ch. 114, § 2; 1997, ch. 180, § 4; 2005, ch. 284, § 5; 2006, ch. 99, § 6.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, changed "eighteen" to "nineteen".
Temporary provisions.
— Laws 2006, ch. 99, § 7, effective July 1, 2006, provided that additional judgeships shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico.
The 2005 amendment,
effective July 1, 2005, added Subsection C to provide that there shall be eighteen judges of the Bernalillo county metropolitan court.
The 1997 amendment
would have increased the metropolitan court judges from fifteen to eighteen, however, it was vetoed by the governor on April 17, 1997. As vetoed by the governor, Subsection C would have read: "There shall be eighteen judges of the Bernalillo county metropolitan court."
The 1990 amendment,
effective January 1, 1991, substituted "fifteen judges" for "twelve judges" in Subsection C.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 142, § 11, repealed 34-8A-9 NMSA 1978, as enacted by Laws 1979, ch. 346, § 9, relating to the metropolitan court commission, effective July 1, 1980.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-10 - Metropolitan court mediation fund created; administration; distribution.

A. There is created in the state treasury the "metropolitan court mediation fund" to be administered by the Bernalillo county metropolitan court.
B. All balances in the metropolitan court mediation fund are appropriated to the Bernalillo county metropolitan court for payment to metropolitan courts for the purpose of funding and administering voluntary mediation programs established by court rule for the efficient disposition of small claims and specified criminal complaints. Payments shall be made upon certification by the metropolitan courts of eligible amounts as provided in Subsection C of this section.
C. Each metropolitan court shall be eligible for a payment in an amount equal to the mediation fees collected by that court and deposited in the metropolitan court mediation fund.
D. Payments from the metropolitan court mediation fund shall be made upon vouchers issued and signed by the Bernalillo county metropolitan court administrator upon warrants drawn by the secretary of finance and administration.
History:
Laws 1986, ch. 16, § 1; 1989, ch. 245, § 1.
ANNOTATIONS
Cross references.
— For domestic violence offender treatment fund,
see
31-12-12 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, deleted "quarterly" following "made" in the second sentence of Subsection B.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-11 - Metropolitan court; indigency standard; fee schedule; reimbursement.

A. The metropolitan 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 metropolitan 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 metropolitan 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., § 34-8A-11, enacted by Laws 1987, ch. 20, § 4.
ANNOTATIONS
Cross references.
— For defense of indigents,
see
31-16-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-12 - Metropolitan court warrant enforcement fund; fee; administration; use of money in fund.

A. There is created in the state treasury the "metropolitan court warrant enforcement fund" to be administered by the Bernalillo county metropolitan court.
B. Upon issuance of a bench warrant, the Bernalillo county metropolitan court shall assess an administrative fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant. Money collected pursuant to the fee assessment authorized by this subsection shall be deposited in the metropolitan court warrant enforcement fund.
C. All balances in the metropolitan court warrant enforcement fund are appropriated to the Bernalillo county metropolitan court for the primary purpose of employing personnel and purchasing equipment and services to aid in the collection of fines, fees or costs owed to the Bernalillo county metropolitan court. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the court, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the court, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the court.
D. Payments from the metropolitan court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the Bernalillo county metropolitan court administrator.
E. Any balance remaining in the metropolitan court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund.
History:
1978 Comp., § 34-8A-12, enacted by Laws 1993, ch. 261, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 261, § 5 repealed former 34-8A-12 NMSA 1978, as enacted by Laws 1987, ch. 110, § 1, relating to the metropolitan court pilot program for the service of warrants, and enacted the above section, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-12 - Metropolitan court warrant enforcement fund; administration; use of money in fund. (Effective July 1, 2024.)

A. There is created in the state treasury the "metropolitan court warrant enforcement fund" to be administered by the Bernalillo county metropolitan court. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
B. All balances in the metropolitan court warrant enforcement fund are appropriated to the Bernalillo county metropolitan court for the primary purpose of employing personnel and promoting compliance with court orders. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the court, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the court, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the court.
C. Payments from the metropolitan court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the Bernalillo county metropolitan court administrator.
D. Any balance remaining in the metropolitan court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund.
History:
1978 Comp., § 34-8A-12, enacted by Laws 1993, ch. 261, § 5; 2023, ch. 184, § 8.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed provisions requiring the court to assess and collect fees in certain cases, and revised provisions related to the administration of the metropolitan court warrant enforcement fund; in Subsection A, added "The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act."; deleted former Subsection B and redesignated former Subsection C through E as Subsections B through D, respectively; and in Subsection B, deleted "purchasing equipment and services to aid in the collection of fines, fees or costs owed to the Bernalillo county metropolitan court" and added "promoting compliance with court orders".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-13 - Collection of fines, fees or costs.

A judgment and sentence issued by the Bernalillo county metropolitan court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned by the court to a public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business.
History:
1978 Comp., § 34-8A-13, enacted by Laws 1993, ch. 261, § 6.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-14 - Use of parking facility near Bernalillo county metropolitan court.

The Bernalillo county metropolitan court shall administer and manage a parking facility adjacent to the Bernalillo county metropolitan court in Albuquerque in accordance with the following provisions:
A. parking fees or the rents charged by the Bernalillo county metropolitan court to any public or private tenant or user of the parking facility shall be at rates comparable to parking fees charged in the downtown Albuquerque area for similar parking privileges or rents charged in the downtown Albuquerque area for similar space;
B. after payment of all fixed costs related to the parking facility and all costs of operating and maintaining the parking facility, all rents, parking fees and charges collected by the Bernalillo county metropolitan court for the parking facility shall be deposited in the court facilities fund;
C. the Bernalillo county metropolitan court shall provide a certified long-term user list and parking fee or rent schedule for the parking facility to the New Mexico finance authority at the end of each fiscal year;
D. with the prior written consent of the New Mexico finance authority, the Bernalillo county metropolitan court may sell or otherwise dispose of the parking facility; provided that no sale or disposition of the parking facility shall be for less than the fair market value of the parking facility as determined by an independent real estate appraiser; and
E. any money received from the sale or other disposition of the parking facility shall be deposited in the court facilities fund and used for the early redemption of any outstanding bonds issued by the New Mexico finance authority for financing the parking facility adjacent to the Bernalillo county metropolitan court building in Albuquerque.
History:
Laws 2000, ch. 5, § 1.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-1 NMSA 1978.
Emergency clauses.
— Laws 2000, ch. 5, § 9 makes the act effective immediately. Approved February 15, 2000.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 8A - Metropolitan Courts › Section 34-8A-15 - Metropolitan court; electronic services fee.

A metropolitan 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, § 5.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-1 - [Maintenance at seat of government; supervision; appointment and removal of director by supreme court.]

The administrative office of the courts of New Mexico shall be maintained at the seat of the government. It shall be supervised by a director who shall be appointed and subject to removal by the supreme court of New Mexico.
History:
1953 Comp., § 16-6-1, enacted by Laws 1959, ch. 162, § 1.
ANNOTATIONS
Cross references.
— For contracting for services of counsel to act under Indigent Defense Act,
see
31-16-9 NMSA 1978.
Supreme court control over courts.
— The supreme court has ultimate authority over administrative matters of the courts.
Russillo v. Scarborough
, 935 F.2d 1167 (10th Cir. 1991).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-2 - [Appointment and removal of employees by director; approval of supreme court.]

The director may appoint necessary employees, subject to the approval of the supreme court, who shall be subject to removal by him with the approval of the supreme court.
History:
1953 Comp., § 16-6-2, enacted by Laws 1959, ch. 162, § 2.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-4 - [Officer or employee prohibited from practicing law.]

No officer or employee of the administrative office shall engage directly or indirectly in the practice of law.
History:
1953 Comp., § 16-6-4, enacted by Laws 1959, ch. 162, § 4.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-5 - [Seal of director; approval by supreme court; judicial notice.]

The director may use a seal approved by the supreme court. Judicial notice shall be given of such seal.
History:
1953 Comp., § 16-6-5, enacted by Laws 1959, ch. 162, § 5.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-6 - [Authority of courts to appoint personnel unaffected by Sections 34-9-1 to 34-9-7 NMSA 1978.]

The authority of the courts to appoint administrative or clerical personnel shall not be limited by any provisions of this act [34-9-1 to 34-9-7 NMSA 1978].
History:
1953 Comp., § 16-6-6, enacted by Laws 1959, ch. 162, § 6.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-7 - Courts defined.

As used with reference to the duties of the director of the administrative office of the courts the word "courts" includes the supreme court, the court of appeals, the district courts, the children's and family court divisions of the district courts, the probate courts and the magistrate courts.
History:
1953 Comp., § 16-6-7, enacted by Laws 1959, ch. 162, § 7; 1963, ch. 66, § 3; 1966, ch. 28, § 29; 1968, ch. 62, § 2; 1972, ch. 97, § 50.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-8 - Courts; records; manuals.

A. The director of the administrative office of the courts shall compile manuals prescribing detailed requirements for uniform systems of records and forms for use by courts. Following approval by the supreme court, the manuals shall be reproduced by the administrative office of the courts and a copy filed with the supreme court law librarian. Upon the filing, any manual then constitutes a set of rules of the supreme court having the effect of law.
B. Sections of any manual may be revised or amended from time to time by the director, and the revisions or amendments become effective following approval by the supreme court, reproduction by the administrative office of the courts and filing with the supreme court law librarian.
C. The director of the administrative office of the courts shall distribute copies of each manual to each court concerned and, upon request, to other courts and to interested members of the public.
D. Each court shall comply with all the requirements contained in the applicable manual, submit reports to the director as requested and furnish additional information the director may consider expedient.
History:
1953 Comp., § 16-6-8, enacted by Laws 1963, ch. 66, § 1; 1968, ch. 69, § 47.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-10 - Court automation fund created; administration; distribution.

A. There is created in the state treasury a "court automation fund" to be administered by the administrative office of the courts.
B. All balances in the court automation fund are appropriated and may be expended for service contracts related to court automation systems or for the purchase, lease-purchase, financing, refinancing and maintenance of court automation systems in the judiciary. The New Mexico finance authority may pledge irrevocably all distributions to the authority from the court automation fund for the payment of the principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing court automation systems. Any balance remaining, after all principal, interest and any other expenses or obligations related to the bonds in each fiscal year are fully paid, may be appropriated by the legislature to the administrative office of the courts.
C. Payments from the court automation fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration. Any purchase or lease-purchase agreement entered into pursuant to this section shall be entered into in accordance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
1978 Comp., § 33-3-25.1, enacted by Laws 1987, ch. 32, § 2; 1988, ch. 121, § 1; 1991, ch. 70, § 1; 1996, ch. 41, § 4.
ANNOTATIONS
Compiler's notes.
— The provisions of this section were enacted as 33-3-25.1 NMSA 1978, but the section was renumbered for more logical placement as Chapter 33 relates to corrections.
Cross references.
— For the secretary of finance and administration,
see
9-6-4 NMSA 1978.
For payment of jury and witness fees,
see
34-6-35 NMSA 1978.
For court automation fee,
see
35-6-1, 66-8-116.3, 66-8-119 NMSA 1978.
The 1996 amendment,
in Subsection B, rewrote the first sentence and added the second and third sentences. Laws 1996, ch. 41 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective May 15, 1996, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
The 1991 amendment,
effective June 14, 1991, in Subsection B, deleted "for expenditure in the seventy-sixth through the eightieth fiscal years" following "courts" and deleted a second sentence which read "The balance in the court automation fund shall revert to the general fund at the end of the eightieth fiscal year" and, in Subsection C, deleted "quarterly" following "shall be made" in the first sentence and "and shall be approved by the secretary of finance and administration" at the end of the second sentence.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-11.1 - Language access fund; created.

A. There is created in the state treasury the "language access fund" to be administered by the administrative office of the courts.
B. All balances in the language access fund may be expended only upon appropriation by the legislature to the administrative office of the courts for the purpose of paying the costs of:
(1) court interpreters;
(2) operating and staffing the New Mexico center for language access to accomplish its mission to provide and support programs that will help the courts obtain, improve or increase the availability of language access services;
(3) operating and staffing language access services for the administrative office of the courts;
(4) training for the purpose of enhancing language access services in the courts; and
(5) additional activities deemed necessary by the director of the administrative office of the courts to meet constitutional and statutory requirements for language access services in the courts and for court-related activities.
C. All fees and other revenue collected by the New Mexico center for language access and interest earned on money in the language access fund shall be credited to the fund. Payments shall be made upon certification by judicial agencies of eligible amounts. No part of the fund shall revert at the end of any fiscal year.
D. Payments from the language access fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts or the director's designee upon warrants drawn by the secretary of finance and administration.
History:
Laws 2017, ch. 74, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-12 - Municipal court automation fund created; administration; distribution.

A. There is created in the state treasury the "municipal court automation fund" to be administered by the administrative office of the courts.
B. All balances in the municipal court automation fund may be expended only upon application by a municipality to the administrative office of the courts for the purpose of purchasing, maintaining and operating a court automation system in that municipality's courts. Operation includes staff expenses, temporary or otherwise, and costs as needed to comply with Section 35-14-12 NMSA 1978.
C. Payments from the municipal court automation fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts. Any purchase or lease purchase agreement entered into by a municipality for a court automation system shall be in accordance with the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
Laws 1994, ch. 69, § 3; 2006, ch. 28, § 1.
ANNOTATIONS
Cross references.
— For municipal ordinances requiring assessment and collection of corrections fees, judicial education fees, and court automation fees,
see
35-14-11 NMSA 1978.
The 2006 amendment,
effective May 17, 2006, provides in Subsection B that the municipal court automation fund may be used to operate a court automation system and that operation includes staff expenses and costs as needed to comply with 35-14-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-13 - Magistrate and metropolitan court capital fund created; purpose.

The "magistrate and metropolitan court capital fund" is created in the state treasury and shall be administered by the administrative office of the courts. The fund shall consist of money transferred to the fund by the New Mexico finance authority or from the court facilities fund. Money in the fund shall be available for appropriation by the legislature for leasing or purchasing, renovating, maintaining, securing, furnishing or equipping magistrate or metropolitan court facilities.
History:
Laws 1998 (1st S.S.), ch. 6, § 6.
ANNOTATIONS
Appropriations.
— Laws 2000, ch. 5, § 8 appropriated $8,100,000 from the magistrate and metropolitan court capital fund for expenditure in fiscal years 2000 through 2004 for acquisition of real property for and the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the new Bernalillo county metropolitan court building or to repay a loan from the New Mexico finance authority for any of these purposes. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the magistrate and metropolitan court capital fund. It also appropriated $1,000,000 from the magistrate and metropolitan court capital fund to the administrative office of the courts for expenditure in fiscal year 2001 for securing, equipping and studying the costs and benefits of leasing and purchasing magistrate court facilities.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-14 - Court facilities fund created; administration; distribution.

A. The "court facilities fund" is created in the state treasury and shall be administered by the administrative office of the courts. The fund shall consist of court fees and lease and rental revenues transferred to or deposited in the fund.
B. All court facilities fees and other revenues deposited in the fund shall be distributed monthly to the New Mexico finance authority for deposit in a special bond fund or account of the authority. The New Mexico finance authority may pledge irrevocably all of these distributions to the authority for the payment of principal, interest and any other expenses or obligations related to the bonds issued by the authority for financing the acquisition of real property and for the design, construction, furnishing and equipping of a new court building for the Bernalillo county metropolitan court in Albuquerque and of a parking facility adjacent to the court building.
C. Distributions from the court facilities fund to the New Mexico finance authority shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.
History:
Laws 1998 (1st S.S.), ch. 6, § 7; 2000, ch. 5, § 5.
ANNOTATIONS
Cross references.
— For New Mexico finance authority,
see
6-21-1 NMSA 1978.
The 2000 amendment,
effective February 15, 2000, inserted "and of a parking facility adjacent to the court building" at the end of Subsection B.