reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-15 - Liability for injury to books or property.

A person who injures, defaces or destroys a book or other property that belongs to the supreme court law library shall forfeit twice the value of that book or property to be sued for and recovered by the state. It shall be the duty of the librarian of the supreme court law library to promptly notify the supreme court of any such offense.
History:
Laws 1915, ch. 47, § 11; C.S. 1929, § 133-111; 1941 Comp., § 3-712; 1953 Comp., § 4-10-12; 1978 Comp., § 18-1-11, recompiled and amended as § 34-2-15 by Laws 2018, ch. 39, § 5.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 5 recompiled and amended former 18-1-11 NMSA 1978 as 34-2-15 NMSA 1978, effective July 1, 2018.
The 2018 amendment,
effective July 1, 2018, made changes to conform with the transfer of authority over the supreme court law library to the supreme court, and made technical changes; added the catchline, "Liability for injury to books or property.", deleted "Any" and added "A", after "person", deleted "injuring, defacing or destroying" and added "who injures, defaces or destroys", after "other property", deleted "belonging" and added "that belongs", after "to the", added "supreme court law", after "twice the value", deleted "thereof" and added "of that book or property", after "duty of the librarian", added "of the supreme court law library", and after "promptly notify", deleted "said board of trustees" and added "the supreme court".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-16 - Consolidated appropriation.

For purposes of the annual appropriation and budgeting process, and notwithstanding any state budget statutes to the contrary, the operations of the supreme court, supreme court building commission and supreme court law library shall be funded and budgeted through a consolidated appropriation to the supreme court.
History:
1978 Comp., § 34-2-16 , enacted by Laws 2018, ch. 39, § 6.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 39, § 11 made Laws 2018, ch. 39, § 6 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-17 - Working interdisciplinary network of guardianship stakeholders; created.

A. The supreme court shall establish the "working interdisciplinary network of guardianship stakeholders" to provide ongoing evaluation of New Mexico laws, services and practices related to adult guardianship and conservatorship.
B. The network shall consist of the following members appointed by the chief justice of the supreme court in a manner that reflects a geographic balance:
(1) one or more members of the judiciary;
(2) the secretary of aging and long-term services or the secretary's designee;
(3) the executive director of the developmental disabilities planning council or the executive director's designee;
(4) the chief executive officer of the interagency behavioral health purchasing collaborative or the chief executive officer's designee;
(5) the state auditor or the state auditor's designee;
(6) the attorney general or the attorney general's designee;
(7) one or more members of the legislature;
(8) the chief executive officer of disability rights New Mexico or the chief executive officer's designee;
(9) a professional guardian;
(10) a professional conservator;
(11) a family guardian;
(12) a family member, who is not a guardian or conservator, of a protected person;
(13) an attorney;
(14) a health care provider with experience in working with patients in need of guardianship;
(15) one or more members of an Indian nation, tribe or pueblo located wholly or partly in New Mexico;
(16) two protected persons;
(17) a representative of the administrative office of the courts;
(18) a representative of the American association of retired persons; and
(19) any other stakeholder the chief justice deems appropriate.
C. The chief justice shall appoint the network chair and an executive committee from the network membership.
D. After the initial appointments, members shall serve staggered four-year terms and may be reappointed. Initial appointments shall be for terms of at least two years.
E. The network shall meet at least four times each year. Members may be reimbursed for travel expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The network shall provide reasonable accommodations to make the meetings accessible to its members.
History:
Laws 2021, ch. 128, § 11.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 11 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-18 - Working interdisciplinary network of guardianship stakeholders; duties.

The working interdisciplinary network of guardianship stakeholders shall:
A. identify strengths and weaknesses in New Mexico's system of adult guardianship and conservatorship;
B. identify the least restrictive decision-making options for alleged incapacitated persons and protected persons under guardianship and conservatorship;
C. review national standards on guardianship and conservatorship practices and recommend standards for implementation in New Mexico;
D. propose methods of training guardians and conservators in best practices or adopted standards;
E. recommend outreach, education and training as needed; and
F. serve as an ongoing problem-solving mechanism to enhance the quality of care and quality of life for adults who are or may soon be in the guardianship or conservatorship system.
History:
Laws 2021, ch. 128, § 12.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 12 effective July 1, 2021.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3 - Supreme Court Building › Section 34-3-1 - Supreme court building commission; creation.

There is created the "supreme court building commission", which shall consist of the chief justice and justices of the supreme court.
History:
1953 Comp., § 6-10-1, enacted by Laws 1967, ch. 214, § 1; 2018, ch. 39, § 7.
ANNOTATIONS
Cross references.
— For constitutional oath,
see
N.M. Const., art. XX, § 1.
The 2018 amendment,
effective July 1, 2018, changed the composition of the supreme court building commission; after "There is created", deleted "within the judicial department", after "the 'supreme court building commission'", deleted the remainder of the section and added "which shall consist of the chief justice and justices of the supreme court".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3 - Supreme Court Building › Section 34-3-2 - Supreme court building commission; organization.

The chief justice of the supreme court shall act as chair of the supreme court building commission, and the clerk of the supreme court shall act as secretary for the commission. The secretary shall keep complete records of all commission business and shall approve all vouchers submitted to the department of finance and administration for the expenditure of funds appropriated to the supreme court for the operations of the supreme court building commission. Three members of the commission constitute a quorum for the transaction of business, and all actions of the commission shall be by a majority vote of the full commission.
History:
1953 Comp., § 6-10-2, enacted by Laws 1967, ch. 214, § 2; 2018, ch. 39, § 8.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, changed the organizational structure of the supreme court building commission, and increased the number of commission members that constitute a quorum for the transaction of business; deleted "The supreme court building commission shall elect from its membership a chairman, vice chairman and secretary. The chairman shall preside at all meetings of the commission and shall sign on behalf of the commission all contracts and other necessary papers authorized by the commission. In the absence of the chairman, the vice chairman shall exercise his duties" and added "The chief justice of the supreme court shall act as chair of the supreme court building commission, and the clerk of the supreme court shall act as secretary for the commission.", after "expenditure of funds", deleted "available" and added "appropriated", after "to the", added "supreme court for the operations of the supreme court building", and after "commission.", deleted "Two" and added "Three".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3 - Supreme Court Building › Section 34-3-3 - Supreme court building commission; duties.

The supreme court building commission has care, custody and control of the supreme court building and its grounds, along with all equipment, furniture and fixtures purchased or used by agencies of the judicial department housed in the building. With respect to this property, the commission shall:
A. provide for the preservation, repair, care, cleaning, heating and lighting; and
B. hire necessary employees for this purpose and fix their compensation and terms of employment, but no compensation shall be paid to any person who is paid compensation by any other agency of the state.
History:
1953 Comp., § 6-10-3, enacted by Laws 1967, ch. 214, § 3; 2018, ch. 39, § 9.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, made changes to conform with the transfer of authority over the supreme court building commission to the supreme court; in the introductory paragraph, after "department housed", deleted "therein" and added "in the building"; and at the beginning of Subsection B, deleted "subject to legislative appropriations".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3A - Court of Appeals Building Commission › Section 34-3A-1 - Court of appeals building commission; creation; membership.

A. The "court of appeals building commission" is created within the judicial branch. The court of appeals building commission shall be composed of the chief judge of the court of appeals; the chief clerk of the court of appeals; one member of the supreme court appointed by the chief justice of the supreme court; and two public members with architectural or engineering expertise appointed by the chief judge of the court of appeals.
B. Each member of the court of appeals building commission shall qualify by taking the oath prescribed by the constitution of New Mexico for state officers. An appointed member shall hold office until there is a change in the appointing authority and the member's successor is appointed. Vacancies shall be filled in the same manner as the original appointment. Members shall receive reimbursement as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. No member shall be interested, directly or indirectly, in any contract relating to the construction, equipment or maintenance of the court of appeals building, and any contract made in violation of this sentence is void.
History:
Laws 2007, ch. 147, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 147, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3A - Court of Appeals Building Commission › Section 34-3A-2 - Court of appeals building commission; organization.

The court of appeals building commission shall elect from its membership a chair, a vice chair and a secretary. The chair shall preside at all meetings of the commission and shall sign on behalf of the commission all contracts and necessary papers authorized by the commission. In the absence of the chair, the vice chair shall exercise the chair's duties. The secretary shall keep complete records of all commission business and shall approve all vouchers submitted to the department of finance and administration for the expenditure of funds available to the commission. Three members of the commission constitute a quorum for the transaction of business, and all actions of the commission shall be by a majority vote of members present.
History:
Laws 2007, ch. 147, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 147, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 3A - Court of Appeals Building Commission › Section 34-3A-3 - Court of appeals building commission; duties.

A. The court of appeals building commission has care, custody and control of the court of appeals building and its grounds, along with all court of appeals equipment, furniture and fixtures housed in the building. The court of appeals shall report and record all these assets as required by state audit rules.
B. With respect to the property under the care, custody and control of the court of appeals pursuant to Subsection A of this section, the court of appeals building commission shall:
(1) provide for the design, construction, maintenance, repair, cleaning, heating, cooling and lighting of that property; and
(2) subject to legislative appropriation, hire employees as necessary and fix their compensation and terms of employment; provided that no compensation shall be paid to a person who is compensated by another agency of the state.
History:
Laws 2007, ch. 147, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 147, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 4 - Court Reports › Section 34-4-2 - Appellate court reports; inclusion in master database.

A. The New Mexico compilation commission shall maintain and update all opinions and decisions of the appellate courts in the master database of the commission and provide them free of charge on its online website.
B. The courts shall provide the commission with an electronic copy of each opinion and decision as it is issued.
History:
1953 Comp., § 10-1-14, enacted by Laws 1966, ch. 28, § 28; 1978, ch. 130, § 3; 1982, ch. 7, § 4; 2019, ch. 74, § 8.
ANNOTATIONS
Cross references.
— For the New Mexico Compilation Commission,
see
12-1-2 NMSA 1978.
For the New Mexico reports,
see
12-1-3.1 NMSA 1978.
The 2019 amendment,
effective May 3, 2019, required the New Mexico compilation commission to maintain and update all opinions and decisions of the appellate courts in the master database and provide for free online access to the publications in the master database, required the appellate courts to provide the commission with an electronic copy of each opinion and decision, and removed provisions related to the compilation commission's traditional methods of publishing, printing, and distributing legal matter; in Subsection A, added "maintain and update all opinions and decisions of the appellate courts in the master database of the commission and provide them free of charge on its online website"; deleted former Subparagraphs A(1) through A(3); and deleted former Subsections B through D and added a new Subsection B.
Temporary provisions.
— Laws 2019, ch. 74, § 9 provided:
A. On the effective date of this act, May 3, 2019, all state, local and district officers designated by the New Mexico compilation commission to receive distributions of sets of the compilation, replacement volumes or replacement pamphlets may dispose of such sets according to procedures set out for disposal of surplus property. Sets shall not be delivered or returned to the office of the commission in Santa Fe. The commission shall determine how many full sets of the printed statutes and other publications it will maintain for historical, reference and possible replacement purposes, and the remainder of the sets held by the commission may be disposed of according to procedures set out for the disposal of surplus property.
B. All contracts in effect on the effective date of this act, May 3, 2019, shall continue to be effective until the contract has been completed or the commission decides to terminate the contract.
C. On the effective date of this act, May 3, 2019, all references in law and other legal documents to the New Mexico statutes annotated or the NMSA 1978 shall be deemed to be references to the content of the master database.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
77 C.J.S. Reports § 4 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 4 - Court Reports › Section 34-4-3 - [Copies of reports of state officers, biennial budget and session laws transmitted to congressional library.]

The officer or employee of this state having charge of the publication of the public documents hereinafter mentioned shall transmit the same to the librarian of congress for the use of members of congress from New Mexico and others interested, if and when printed, as follows: 2 [two] copies each of the biennial budget, of the reports and official opinions of the attorney general of the state, and of all separate compilations of laws issued by state officers; 1 [one] copy each of the legislative journals and other documents published by order of the state legislature or either house thereof and of all reports, bulletins, circulars, pamphlets, maps, charts and other official publications of any executive department, office, commission, bureau, board or state institution now existing or hereafter authorized by law.
History:
Laws 1937, ch. 171, § 2; 1941 Comp., § 12-115; 1953 Comp., § 10-1-15.
ANNOTATIONS
Bracketed 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 the law.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-1 - Court of appeals; judges; election for staggered terms.

The "court of appeals" of New Mexico consists of ten judges who are nominated and elected in the same manner as justices of the supreme court. No judge of the court of appeals shall be nominated or elected to any other than a judicial office in this state.
History:
1953 Comp., § 16-7-1, enacted by Laws 1966, ch. 28, § 1; 1972, ch. 32, § 1; 1978, ch. 25, § 1; 1990, ch. 35, § 1.
ANNOTATIONS
Cross references.
— For number, qualifications, election and terms of court of appeals judges,
see
N.M. Const., art. VI, § 28.
For court of appeals judge holding court in any district or acting as supreme court justice,
see
N.M. Const., art. VI, § 28.
For district judge acting as court of appeals judge,
see
N.M. Const., art. VI, § 28.
1990 amendment.
— Laws 1990, ch. 35, § 1 amended 34-5-1 NMSA 1978 to provide for ten appellate judges. Laws 1990, ch. 35, § 2 provided for the appointment and election of three additional judges. However, Laws 1990, ch. 35, § 3 provided: "The provisions of this act shall not take effect unless seventy-ninth fiscal year funding for three additional court of appeals judges is provided in the General Appropriations Act of 1990".
Compiler's notes.
— Laws 1991, ch. 168, §§ 1 to 4, effective April 4, 1991, repeals Laws 1990, ch. 35, § 3, which provided a contingency for the effectiveness of Laws 1990, ch. 35, §§ 1 and 2, provides that this repeal shall revive the provisions of Laws 1990, ch. 35, §§ 1 and 2, and further provides that subsequent terms for all judges of the court of appeals shall be for eight years.
Laws 1990, ch. 35, § 2, effective May 16, 1990, provides that the eighth, ninth, and tenth judges of the court of appeals shall be appointed effective April 1, 1991, and shall be nominated and elected at the next general election. The eighth judge shall run for an initial term of four years. The ninth judge shall run for an initial term of six years. The tenth judge shall run for an initial term of eight years.
Law reviews.
— For article, "History of the New Mexico Court of Appeals" see 22 N.M.L. Rev. 595 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
21 C.J.S. Courts § 111 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-2 - Court of appeals; chief judge.

At their first meeting in each odd-numbered year, the judges of the court of appeals shall, by majority vote, designate one of their number to serve as chief judge for a term of two years. In the absence of the chief judge, the senior judge present at the seat of government shall exercise the powers of the chief judge. Seniority shall be determined by the length of present continuous service on the court. In the event of a vacancy in the office of chief judge, the judges shall, by majority vote, designate one of their number to serve for the remainder of the term.
History:
1953 Comp., § 16-7-2, enacted by Laws 1966, ch. 28, § 2.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 278, § 4 repealed 34-5-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 2, concerning salaries of judges of the court of appeals, effective January 1, 1994. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
34-1-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-4 - Court of appeals; vacancy in membership.

If a vacancy in the membership of the court of appeals other than by expiration of a term shall occur, the governor shall fill the vacancy by appointment of a qualified person to serve until December 31 following the next general election, or for the remainder of the unexpired term, whichever is the longer period.
History:
1953 Comp., § 16-7-4, enacted by Laws 1966, ch. 28, § 4; 1973, ch. 136, § 1.
ANNOTATIONS
Cross references.
— For filling vacancy,
see
N.M. Const., art. VI, § 28.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-5 - Court of appeals; personnel.

A. The court of appeals shall employ a clerk and other necessary employees to serve at the pleasure of the court. Employees shall receive compensation established by the court, subject to legislative appropriations.
B. Before entering the duties of his office, the clerk shall take the oath prescribed by the constitution for state officers and file with the secretary of state a corporate surety bond in the amount of five thousand dollars ($5,000). The bond shall be approved in writing on its face by the chief judge of the court of appeals and conditioned upon the clerk's faithful performance of the duties of his office and payment of all money received as clerk to the person entitled to receive it.
C. Subject to legislative appropriations, each judge of the court of appeals may select a law clerk who is a graduate of a law school which meets the standards of accreditation of the American Bar Association. Each law clerk shall serve at the pleasure of the judge who selected him.
D. Personnel of the court of appeals, including law clerks and other employees, shall:
(1) perform duties as provided by rule of the court of appeals;
(2) not engage in the private practice of law; and
(3) not receive any additional salaries on account of services rendered the state.
History:
1953 Comp., § 16-7-5, enacted by laws 1966, ch. 28, § 5.
ANNOTATIONS
Cross references.
— For oath of office,
see
N.M. Const., art. XX, § 1.
For surety bonds,
see
10-2-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-7 - Court of appeals; terms of court; location.

The court of appeals shall hold one term each year beginning on the second Tuesday of January, and it shall always be in session. The headquarters of the court and the clerk's office shall be located at the seat of government. The court may convene at any location in the state.
History:
1953 Comp., § 16-7-7, enacted by Laws 1966, ch. 28, § 7.
ANNOTATIONS
Cross references.
— For continuing undecided cases from term to term,
see
39-3-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-9 - Court of appeals; procedure for appeals from district court.

Unless otherwise provided by rule of procedure, appeals to the court of appeals shall be taken from the district court in the manner prescribed for appeals to the supreme court.
History:
1953 Comp., § 16-7-9, enacted by Laws 1966, ch. 28, § 9.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-10 - Transfer of cases on appeal.

No matter on appeal in the supreme court or the court of appeals shall be dismissed for the reason that it should have been docketed in the other court, but it shall be transferred by the court in which it is filed to the proper court. Any transfer under this section is a final determination of jurisdiction. Whenever either court determines it has jurisdiction in a case filed in that court and proceeds to decide the matter, that determination of jurisdiction is final. No additional fees or costs shall be charged when a case is transferred to another court under this section.
History:
1953 Comp., § 16-7-10, enacted by Laws 1966, ch. 28, § 10.
ANNOTATIONS
Cross references.
— For Uniform Certification of Questions of Law Act,
see
39-7-1 NMSA 1978.
For appellate jurisdiction of supreme court,
see
N.M. Const., art. VI, § 2 and 39-3-2, 39-3-3, 39-3-4 NMSA 1978.
For appellate jurisdiction of court of appeals,
see
N.M. Const., art. VI, § 29 and 34-5-8 NMSA 1978.
For procedure on certiorari to review decision of court of appeals,
see
12-502 NMRA.
For procedure on certification from court of appeals,
see
12-606 NMRA.
Review of transfer orders by the supreme court.
— The supreme court has inherent authority under N.M. Const., art. VI, § 3, and Section 34-5-14 NMSA 1978 to review and reverse transfer orders of the court of appeals.
Martinez v. Chavez
, 2008-NMSC-021, 144 N.M. 1, 183 P.3d 145.
Only some of counts need give court of appeals jurisdiction.
— Although the first count of the complaint is for a declaratory judgment and injunctive relief prohibiting the enforcement of portions of a city ordinance, alleging their unconstitutionality, and the second and third counts are for damages for false arrest, a tort action, jurisdiction in this matter is in the court of appeals.
Balizer v. Shaver
, 1970-NMSC-124, 82 N.M. 53, 475 P.2d 319.
Denial of motion to transfer proper.
— Where, among other claims, plaintiffs sought damages on the basis of asserted "illegal and negligent" actions on the part of defendants, the court of appeals had subject matter jurisdiction of the appeal, and a motion to transfer was properly denied.
Miller v. City of Albuquerque
, 1975-NMCA-099, 88 N.M. 324, 540 P.2d 254, cert. denied, 88 N.M. 319, 540 P.2d 248.
Transfer by supreme court final determination of jurisdiction of motion.
— Where the court of appeals had jurisdiction over an appeal from defendant's conviction of rape but defendant's motion for review of the order fixing appeal bond was originally docketed in the supreme court and then was transferred to the court of appeals, the transfer of that motion was a final determination of jurisdiction.
State v. Lucero
, 1970-NMCA-057, 81 N.M. 578, 469 P.2d 727.
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
For survey of 1990-91 appellate procedure, see 22 N.M.L. Rev. 623 (1992).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-11 - Court of appeals; quorum; decisions; rehearings.

Three judges of the court of appeals constitute a quorum for the transaction of business, but not more than three judges shall sit in any matter on appeal. Decisions of the court shall be in writing with the grounds stated, and the result shall be concurred in by at least two judges. If any judge who participated in a hearing is unable for any reason to participate in a rehearing, or consideration of a motion for rehearing, of any matter, any other judge or acting judge of the court of appeals may participate in consideration of the motion or the case on rehearing.
History:
1953 Comp., § 16-7-11, enacted by Laws 1966, ch. 28, § 11.
ANNOTATIONS
Cross references.
— For quorum of court of appeals,
see
N.M. Const., art. VI, § 28.
For concurrence of in opinion by majority of participating justices,
see
N.M. Const., art. VI, § 28.
For continuing undecided cases from term to term,
see
39-3-6 NMSA 1978.
Case certified to supreme court where two judges concurred but on different grounds.
— Where there are three separate proposed opinions of the court of appeals, the first of which would affirm the conviction of defendant on all counts, the second and third of which would reverse and remand for a new trial on two different issues, and it appears that the three proposed opinions, if filed as opinions of the court of appeals, would create uncertainty in the law in that, although there is a majority for reversal, there is no guidance for the future procedure of the case, and it further appears that the court of appeals may not call in additional judges, and, because an uncertain state of law should not exist and because of this fact an issue of substantial public interest is created and should be determined by the supreme court, the case is properly certified to the New Mexico supreme court for decision.
State v. Tijerina
, 1972-NMCA-169, 84 N.M. 432, 504 P.2d 642;
see
State v. Tijerina
, 1973-NMSC-105, 86 N.M. 31, 519 P.2d 127, cert. denied, 417 U.S. 956, 94 S. Ct. 3085, 41 L. Ed. 2d 674 (1974).
Judge's opinion not concurred in is not "decision".
— Where a judge's opinion concerning escalating benefits under the Workmen's Compensation Act is not concurred in by another judge, that justice's view concerning escalating benefits is not a decision of the court of appeals, and a judgment on remand which does not provide for escalating benefits complies with the mandate and opinion of the court of appeals.
Casias v. Zia Co.
, 1980-NMCA-109, 94 N.M. 723, 616 P.2d 436,
overruled on other grounds by
Purcella v. Navajo Freight Lines
, 1980-NMCA-182, 95 N.M. 306, 621 P.2d 523.
Experimental use of advisory committees.
— An experimental plan pursuant to which cases would be assigned by the court of appeals to advisory committees of experienced attorneys was not an unconstitutional delegation of judicial power, where the judges reviewed the records and briefs and decided the cases.
Thompson v. Ruidoso-Sunland, Inc.
, 1987-NMCA-023, 105 N.M. 487, 734 P.2d 267.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-12 - Court of appeals; seal.

The court of appeals may adopt a design for the seal of the court. Upon adoption, the clerk of the court shall file a facsimile and description of the design in the office of the secretary of state.
History:
1953 Comp., § 16-7-12, enacted by Laws 1966, ch. 28, § 12.
ANNOTATIONS
Cross references.
— For custody and affixing of seal,
see
34-1-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-13 - Court of appeals; publishing opinions.

The judges of the court of appeals shall meet from time to time, select from opinions of the court of appeals and designate to the clerk of the court of appeals those which should be officially reported and published. The judges shall also supervise, amend and correct all syllabi or headnotes prefixed to the published opinions.
History:
1953 Comp., § 16-7-13, enacted by Laws 1966, ch. 28, § 13.
ANNOTATIONS
Cross references.
— For sale and distribution of reports,
see
12-1-3.1 and 34-4-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 5 - Court of Appeals › Section 34-5-15 - Court of appeals; electronic services fee.

The clerk of the court of appeals 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, § 3.
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 6 - District Courts › Section 34-6-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 278, § 4 repeals 34-6-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 3, concerning salaries of district judges, effective January 1, 1994. For provisions of former section,
see
NMOneSource.com.
For present comparable provisions,
see
34-1-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-4 - Judges; first judicial district.

There shall be ten district judges in the first judicial district.
History:
1953 Comp., § 16-3-3.1, enacted by Laws 1968, ch. 69, § 7; 1969, ch. 229, § 1; 1976 (S.S.), ch. 39, § 1; 1980, ch. 141, § 1; 1981, ch. 330, § 1; 1987, ch. 148, § 1; 1997, ch. 180, § 1; 2010, ch. 3, § 1; 2014, ch. 73, § 1; 2020, ch. 40, § 1.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, created an additional judgeship in the first judicial district court, and after "There shall be", deleted "nine" and added "ten".
Temporary provisions.
— Laws 2020, ch. 40, § 10 provided that the additional district judgeships provided for in Laws 2020, ch. 40 shall be filled by appointment by the governor pursuant to Article 6, Section 36 of the constitution of New Mexico.
The 2014 amendment,
effective May 21, 2014, created an additional judgeship; and after "shall be", changed "eight" to "nine".
The 2010 amendment,
effective February 23, 2010, increased the number of district judges from seven judges to eight judges.
Compiler's notes.
— Laws 2010, ch. 3, § 5 provided that if Laws 2010, ch. 3, §§ 1 and 2 passed by less than a two-thirds vote of either house of the legislature, the effective date would be January 1, 2011. The legislation passed by a vote of 65-0 in the House of Representatives and 35-0 in the Senate.
The 1997 amendment,
effective July 1, 1997, increased the number of judges from six to seven.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-5 - Judges; second judicial district.

There shall be thirty district judges in the second judicial district.
History:
1953 Comp., § 16-3-3.2, enacted by Laws 1968, ch. 69, § 8; 1969, ch. 228, § 1; 1973, ch. 301, § 1; 1977, ch. 310, § 1; 1978, ch. 23, § 1; 1980, ch. 143, § 1; 1984, ch. 111, § 1; 1993, ch. 256, § 1; 1995, ch. 66, § 1; 1997, ch. 180, § 2; 2005, ch. 284, § 1; 2007, ch. 140, § 1; 2014, ch. 73, § 2; 2020, ch. 40, § 2; 2022, ch. 56, § 33.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, created a new judgeship in the second judicial district; and after "There shall be", changed "twenty-nine" to "thirty".
The 2020 amendment,
effective May 20, 2020, created additional judgeships in the second judicial district court, and after "There shall be", deleted "twenty-seven" and added "twenty-nine".
Temporary provisions.
— Laws 2020, ch. 40, § 10 provided that the additional district judgeships provided for in Laws 2020, ch. 40 shall be filled by appointment by the governor pursuant to Article 6, Section 36 of the constitution of New Mexico.
The 2014 amendment,
effective May 21, 2014, created an additional judgeship; and after "shall be", changed "twenty-six" to "twenty-seven".
The 2007 amendment,
effective July 1, 2007, increased the number of district judges from twenty-four to twenty-six.
The 2005 amendment,
effective July 1, 2005, changed the number of judges from twenty-three to twenty-four.
The 1997 amendment,
effective July 1, 1997, substituted "twenty-three" for "twenty-one".
The 1995 amendment,
effective January 1, 1996, substituted "twenty-one" for "twenty".
The 1993 amendment,
effective January 1, 1994, substituted "twenty" for "nineteen".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-6 - Judges; third judicial district.

There shall be nine district judges in the third judicial district.
History:
1953 Comp., § 16-3-3.3, enacted by Laws 1968, ch. 69, § 9; 1981, ch. 329, § 1; 1984, ch. 111, § 2; 1992, ch. 72, § 1; 1995, ch. 178, § 1; 2003, ch. 348, § 1; 2006, ch. 99, § 1; 2020, ch. 40, § 3.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, created an additional judgeship in the third judicial district court, and after "There shall be", deleted "eight" and added "nine".
Temporary provisions.
— Laws 2020, ch. 40, § 10 provided that the additional district judgeships provided for in Laws 2020, ch. 40 shall be filled by appointment by the governor pursuant to Article 6, Section 36 of the constitution of New Mexico.
The 2006 amendment,
effective July 1, 2006, increased the number of judges from seven to eight.
The 2003 amendment,
effective June 20, 2003, increased the number of district judges from six to seven.
The 1995 amendment,
effective January 1, 1996, increased the judges from five to six and provided the judge will be appointed for the purpose of handling domestic relations cases.
The 1992 amendment,
effective March 9, 1992, substituted "five" for "four".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-7 - Judges; fourth judicial district.

There shall be three district judges in the fourth judicial district.
History:
1953 Comp., § 16-3-3.4, enacted by Laws 1968, ch. 69, § 10; 1978, ch. 24, § 1; 2007, ch. 140, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1961, ch. 188, § 12, repealed former 16-3-3.4, 1953 Comp., relating to initial appointment and election of judge for division three, first district, and a new 16-3-3.4, 1953 Comp. was enacted by Laws 1968, ch. 69, § 10.
The 2007 amendment,
effective July 1, 2007, increased the number of district judges from two to three.
Temporary provision.
— Laws 2007, ch. 140, § 5 provided that the additional district judgeships shall be filled by appointment by the governor.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-8 - Judges; fifth judicial district.

There shall be twelve district judges in the fifth judicial district.
History:
1953 Comp., § 16-3-3.5, enacted by Laws 1968, ch. 69, § 11; 1973, ch. 301, § 2; 1976, ch. 52, § 1; 1979, ch. 208, § 1; 1984, ch. 111, § 3; 1994, ch. 65, § 1; 1994, ch. 77, § 1; 2006, ch. 99, § 2; 2014, ch. 73, § 3; 2022, ch. 56, § 34.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, created a new judgeship in the fifth judicial district; and after "There shall be", changed "eleven" to "twelve".
The 2014 amendment,
effective May 21, 2014, created an additional judgeship; and after "shall be", changed "ten" to "eleven".
The 2006 amendment,
effective July 1, 2006, increased the number of judges from eight to ten.
1994 amendments.
— Identical amendments to this section were enacted by Laws 1994, ch. 65, § 1 and Laws 1994, ch. 77, § 1, both effective January 1, 1995 and both approved March 4, 1994, to increase the number of judges from seven to eight.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-9 - Judges; sixth judicial district.

There shall be four district judges in the sixth judicial district.
History:
1953 Comp., § 16-3-3.6, enacted by Laws 1968, ch. 69, § 12; 1974, ch. 77, § 1; 1983, ch. 129, § 1; 2003, ch. 348, § 2; 2007, ch. 140, § 3; 2020, ch. 40, § 4.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed residency and office location requirements for district judges in the sixth judicial district, and deleted "The judge of division 1 shall reside and maintain the judge's principal office in Grant county. The judge of division 4 shall reside and maintain the judge's principal office in Luna county.".
The 2007 amendment,
effective July 1, 2007, increased the number of district judges from three to four and requires the judge of Division 4 to reside in and maintain his office in Luna county.
The 2003 amendment,
effective June 20, 2003, increased the number of district judges from two to three.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-10 - Judges; seventh judicial district.

There shall be three district judges in the seventh judicial district.
History:
1953 Comp., § 16-3-3.7, enacted by Laws 1968, ch. 69, § 13; 1977, ch. 132, § 1; 1995, ch. 178, § 2.
ANNOTATIONS
The 1995 amendment,
effective January 1, 1996, increased the number of judges from two to three.
Temporary provisions.
— Laws 1995, ch. 178, § 4, effective January 1, 1996, provides that the additional judgeships provided for in the act shall be filled by appointment by the governor pursuant to Article 6, Section 36 of the constitution of New Mexico.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-11 - Judges; eighth judicial district.

There shall be three district judges in the eighth judicial district.
History:
1953 Comp., § 16-3-3.8, enacted by Laws 1968, ch. 69, § 14; 1978, ch. 23, § 2; 1996, ch. 23, § 1; 2011, ch. 41, § 1; 2020, ch. 40, § 5.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed office location requirements for district judges in the eighth judicial district, and deleted "At least one of the judges shall maintain the judge's principal office in Colfax or Union county and at least one of the judges shall maintain the judge's principal office in Taos county.".
The 2011 amendment,
effective July 1, 2011, increased the number of judges from two to three; required that at least one judge maintain a principal office in Colfax or Union County and that at least one judge maintain a principal office in Taos County; and deleted the former provisions that provided the procedure for the selection of a chief judge by two judges.
The 1996 amendment,
effective March 4, 1996, rewrote the section.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-12 - Judges; ninth judicial district.

There shall be five district judges in the ninth judicial district.
History:
1953 Comp., § 16-3-3.9, enacted by Laws 1968, ch. 69, § 15; 1974, ch. 77, § 2; 1984, ch. 111, § 4; 1985, ch. 138, § 1; 2005, ch. 284, § 2; 2006, ch. 99, § 3; 2011, ch. 20, § 1; 2020, ch. 40, § 6.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed office location requirements for district judges in the ninth judicial district, and deleted "At least one of the district judges shall be designated to maintain a principal office in Roosevelt county. As used in this section, 'maintain a principal office' means holding court or being available to hold court no less than one hundred forty days during each calendar year.".
The 2011 amendment,
effective June 17, 2011, required at least one of the judges in the ninth judicial district to maintain a principal office in Roosevelt county.
The 2006 amendment,
effective July 1, 2006, increased the number of judges from four to five.
The 2005 amendment,
effective July 1, 2005, increased the number of judges from three to four.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-14 - Judges; eleventh judicial district.

There shall be eight district judges in the eleventh judicial district.
History:
1953 Comp., § 16-3-3.11, enacted by Laws 1968, ch. 69, § 17; 1974, ch. 77, § 3; 1984, ch. 111, § 5; 1995, ch. 178, § 3; 1995, ch. 179, § 1; 2006, ch. 99, § 4; 2020, ch. 40, § 7.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed residency and office location requirements for district judges in the eleventh judicial district, and deleted "The judges of divisions one, three, four, six and eight shall reside and maintain their principal offices in San Juan county. The judges of divisions two, five and seven shall reside and maintain their principal offices in McKinley county.".
The 2006 amendment,
effective July 1, 2006, increased the number of judges from seven to eight.
The 2005 amendment,
effective July 1, 2005, increased the number of judges from six to seven and provided that the judge in division seven shall reside and maintain a principal office in McKinley county.
The 1995 amendment,
effective January 1, 1996, increased the number of judges from four to six.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-15 - Judges; twelfth judicial district.

There shall be five district judges in the twelfth judicial district.
History:
1953 Comp., § 16-3-3.12, enacted by Laws 1971, ch. 52, § 2; 1974, ch. 77, § 4; 1984, ch. 111, § 6; 1993, ch. 274, § 1; 2020, ch. 40, § 8.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, created an additional judgeship in the twelfth judicial district, and removed the residency and office location requirement for the district judge of division three, and after "There shall be", deleted "four" and added "five"; and deleted "The judge of division three shall reside and maintain his principal office in Lincoln county."
Temporary provisions.
— Laws 2020, ch. 40, § 10 provided that the additional district judgeships provided for in Laws 2020, ch. 40 shall be filled by appointment by the governor pursuant to Article 6, Section 36 of the constitution of New Mexico.
The 1993 amendment,
effective January 1, 1994, increased the number of judges from three to four.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-16 - Judges; thirteenth judicial district.

There shall be nine district judges in the thirteenth judicial district.
History:
1953 Comp., § 16-3-3.13, enacted by Laws 1971, ch. 52, § 3; 1974, ch. 77, § 5; 1979, ch. 302, § 1; 1985, ch. 212, § 1; 1992, ch. 70, § 2; 2003, ch. 254, § 1; 2006, ch. 99, § 5; 2014, ch. 73, § 4; 2020, ch. 40, § 9; 2022, ch. 56, § 35.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, created a new judgeship in the thirteenth judicial district; and after "There shall be", changed "eight" to "nine".
The 2020 amendment,
effective May 20, 2020, removed residency and office location requirements for district judges in the thirteenth judicial district, and deleted "The judges of divisions one, three and six shall reside and maintain their principal offices in Valencia county. The judges of divisions two, five, seven and eight shall reside and maintain their principal offices in Sandoval county. The judge of division four shall reside and maintain the judge's principal offices in Cibola county.".
The 2014 amendment,
effective May 21, 2014, created an additional judgeship; in the first sentence, after "shall be", changed "seven" to "eight", and in the third sentence, after "five", deleted "and", and after "five, seven", added "and eight".
The 2006 amendment,
effective July 1, 2006, increased the number of judges from six to seven.
The 2003 amendment,
effective July 1, 2003, increased the number of judges from five to six; and inserted "and six" following "three" in the second sentence.
The 1992 amendment,
effective March 9, 1992, increased the number of judges from four to five; added the second sentence; and rewrote the third sentence, which formerly read: "The judge of division two shall reside and maintain his principal office in Sandoval county."