2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 7 - Magistrate Court; Magistrate Administration › Section 35-7-4 - Magistrate administration; monthly remittances.

Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, except for amounts disbursed in accordance with law. The administrative office shall return to each magistrate court a written receipt itemizing all money received. The administrative office shall deposit the amount of all fines and forfeitures with the state treasurer for credit to the current school fund. The administrative office shall deposit the amount of all costs, except all costs collected pursuant to Subsections D and E of Section 35-6-1 NMSA 1978, for credit to the general fund. The amount of all costs collected pursuant to Subsections D and E of Section 35-6-1 NMSA 1978 shall be credited as follows:
A. the amount of all costs collected pursuant to Paragraph (1) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the local government corrections fund;
B. the amount of all costs collected pursuant to Paragraph (2) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court automation fund;
C. the amount of all costs collected pursuant to Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the traffic safety education and enforcement fund;
D. the amount of all costs collected pursuant to Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the judicial education fund;
E. the amount of all costs collected pursuant to Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the jury and witness fee fund;
F. the amount of all costs collected pursuant to Paragraph (6) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the brain injury services fund;
G. the amount of all costs collected pursuant to Paragraph (7) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court facilities fund; and
H. the amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 for credit to the metropolitan court mediation fund.
History:
1953 Comp., § 36-9-4, enacted by Laws 1968, ch. 62, § 99; 1979, ch. 160, § 2; 1983, ch. 134, § 4; 1986, ch. 16, § 3; 1990, ch. 57, § 5; 1991, ch. 82, § 11; 1993, ch. 273, § 4; 2009, ch. 245, § 3.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-9-4, 1953 Comp., relating to notice to quit, effective January 1, 1969.
Cross references.
— For state general fund,
see
6-4-2 NMSA 1978.
For current school fund,
see
22-8-32 NMSA 1978.
For petty misdemeanors,
see
30-1-6 NMSA 1978.
For local government corrections fund,
see
33-3-25 NMSA 1978.
For metropolitan court mediation fund,
see
34-8A-10 NMSA 1978.
For administrative office of the courts,
see
34-9-1 NMSA 1978.
For court automation fund,
see
34-9-10 NMSA 1978.
For judicial education fund,
see
34-13-1 NMSA 1978.
For traffic safety education and enforcement fund,
see
66-7-512 NMSA 1978.
The 2009 amendment,
effective July 1, 2009, added Subsections E through G.
The 1993 amendment,
effective July 1, 1993, added present Subsection D, redesignating former Subsection D as present Subsection E and making a related grammatical change.
The 1991 amendment,
effective June 14, 1991, redesignated former Paragraphs (1) to (4) of Subsection A as Subsections A to D; deleted former Subsection B which read "Any magistrate who fails to comply with the provisions of this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change.
The 1990 amendment,
effective July 1, 1990, in Subsection A, deleted "the amount of all costs, except all costs collected pursuant to Subsections D and E of Section 35-6-1 NMSA 1978, for credit to the state general fund; the amount of all costs collected pursuant to Subsection D of Section 35-6-1 NMSA 1978 for credit to the local government corrections fund; and the amount of all costs collected pursuant to Subsection E of that section for credit to the metropolitan court mediation fund" at the end of the third sentence and added the fourth and final sentences and Paragraphs (1) to (4).
County retention of penalty assessments.
— A county did not have the power to alter the comprehensive funding and allocation system of the magistrate court and, therefore, did not have the authority to retain collected penalty assessments for violations of its traffic ordinances.
Board of Comm'rs v. Greacen
, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 C.J.S. Justices of the Peace § 9.