2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-1 - Magistrate court; establishment.

There is established the "magistrate court" as a court of limited original jurisdiction within the judicial department of the state government. Personnel of the magistrate court are subject to all laws and regulations applicable to other state offices and agencies and to other state officers and employees except where otherwise provided by law. The magistrate court is not a court of record.
History:
1953 Comp., § 36-1-1, enacted by Laws 1968, ch. 62, § 3.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-1, 1953 Comp., relating to election of justices of the peace and constables, effective January 1, 1969.
Cross references.
— For jurisdiction in civil actions,
see
35-3-3 NMSA 1978.
For jurisdiction in criminal actions,
see
35-3-4 NMSA 1978.
For temporary appointment to office as municipal judge,
see
35-14-5 NMSA 1978.
For disposition of fines for ordinance violations while serving as municipal judge,
see
35-15-12 NMSA 1978.
For disqualification of judges for interest or relationship,
see
N.M. Const., art. VI, § 18.
For conservators of peace,
see
N.M. Const., art. VI, § 21.
For power to hold preliminary examinations,
see
N.M. Const., art. VI, § 21.
For compensation,
see
N.M. Const., art. VI, § 26.
For qualifications for election or appointment,
see
N.M. Const., art. VI, § 26 and 35-2-1 NMSA 1978.
For fees not retained as compensation,
see
N.M. Const., art. VI, § 30.
For abolition of justice of the peace,
see
N.M. Const., art. VI, § 31 and 35-1-38 NMSA 1978.
For transfer of jurisdiction, powers and duties of justices of the peace,
see
N.M. Const., art. VI, § 31 and 35-1-38 NMSA 1978.
For effect of consolidation on combined municipal organizations,
see
3-16-8 NMSA 1978.
For arrest and detention of escaped prisoners,
see
29-1-3 to 29-1-6 NMSA 1978.
For resisting or obstructing officer,
see
30-22-1 NMSA 1978.
For misdemeanor for impersonating a public officer,
see
30-27-2.1 NMSA 1978.
For administrative office of the courts,
see
34-9-1 to 34-9-10 NMSA 1978.
For authority of district attorney to appear,
see
36-1-20 NMSA 1978.
For practice of law in courts,
see
36-2-27 NMSA 1978.
Nature of limited jurisdiction.
— The reference in N.M. Const., art VI, § 26 and this section to "limited" jurisdiction indicates that a magistrate is without authority to take action unless the authority has been affirmatively granted, and neither provision authorizes a magistrate 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.
Jurisdiction does not specifically refer to municipal ordinances.
— Magistrate courts are part of the judicial department of the state and their criminal jurisdiction does not specifically refer to municipal ordinances.
State v. Biswell
, 1971-NMCA-111, 83 N.M. 65, 488 P.2d 115, cert. denied, 83 N.M. 57, 488 P.2d 107 (decided under prior law).
Magistrate is without authority to take action unless authority is affirmatively granted
by the constitution or statutory provision.
State v. De La O
, 1985-NMCA-023, 102 N.M. 638, 698 P.2d 911.
Magistrate's limited jurisdiction and control over criminal judgment.
— "Limited" jurisdiction indicates that a magistrate is without authority to take action unless authority is affirmatively granted by the constitution or statutory provision. A magistrate has continuing control over a criminal judgment only until such time as the aggrieved party's opportunity to file an appeal expires. The time limitation for filing the appeal is 15 days.
State v. Ramirez
, 1981-NMSC-125, 97 N.M. 125, 637 P.2d 556.
Limited control over civil judgment.
— A magistrate's continuing control over civil judgments expires 15 days after entry of judgment.
State v. Ramirez
, 1981-NMSC-125, 97 N.M. 125, 637 P.2d 556.
Magistrate court has no jurisdiction to set aside a jury verdict.
Jaramillo v. O'Toole
, 1982-NMSC-011, 97 N.M. 345, 639 P.2d 1199.
Competency of defendants in courts of limited jurisdiction.
— Except for metropolitan courts, courts of limited jurisdiction have no authority to hold competency hearings. 2003 Op. Att'y Gen. No. 03-04.
Authority of court.
— Courts of limited jurisdiction have no authority to commit defendants to a mental health facility. 2003 Op. Att'y Gen. No. 03-04.
Nature of office.
— The magistrate court established under this section is a district, not a county, office and is not within the restrictions of N.M. Const., art. X, § 2. 1968 Op. Att'y Gen. No. 68-71.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judges § 3; 47 Am. Jur. 2d Justices of the Peace §§ 1, 8, 14, 30 to 49.
Malicious prosecution: defense of acting on advice of justice of the peace, magistrate, or lay person, 48 A.L.R.4th 250.
51 C.J.S. Justices of the Peace §§ 1, 4, 26 to 52.