reglab/statecodes huggingface dataset:
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. (Effective July 1, 2024.)

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, gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.
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.
D. Upon certification by the New Mexico finance authority that all payments 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 have been satisfied, the court facilities fee shall be eliminated.
History:
Laws 1998 (1st S.S.), ch. 6, § 7; 2000, ch. 5, § 5; 2023, ch. 184, § 9.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, eliminated the court facilities fee upon the full payment of principal and interest of the bonds used for the acquisition and construction of the Bernalillo county metropolitan court and adjacent parking facility; in Subsection A, added "gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act"; and deleted Subsection D.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-14.1 - Magistrate drug court fund; created.

The "magistrate drug court fund" is created in the state treasury. The administrative office of the courts shall administer money in the fund to offset client service costs of drug court programs in magistrate courts, consistent with standards approved by the supreme court. Money in the fund shall be expended on warrants of the secretary of finance and administration upon vouchers signed by the court administrator or his authorized representative. Balances in the fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2003, ch. 240, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 240, § 4 makes the act effective on July 1, 2003.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-14.2 - Drug court fund; created.

The "drug court fund" is created in the state treasury. The fund consists of appropriations, distributions, gifts, grants, donations and bequests made to the fund and income from investment of the fund. The administrative office of the courts shall administer money in the fund to offset client service costs of drug court programs, consistent with standards approved by the supreme court. Money in the fund shall be expended on warrants of the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the courts. Balances in the fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2018, ch. 48, § 2.
ANNOTATIONS
Effective date.
— Laws 2018, ch. 48, § 3 made Laws 2018, ch. 48, § 2 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-15 - Use of Bernalillo county metropolitan court facilities.

The administrative office of the courts, as holder of record title to the existing Bernalillo county metropolitan court building located on the northwest corner of Fourth street and Roma avenue northwest in Albuquerque, shall administer and manage the building in accordance with the following provisions:
A. after completion of a new Bernalillo county metropolitan court facility with proceeds of bonds issued by the New Mexico finance authority, the entire operations, judges, staff and personnel associated with the Bernalillo county metropolitan court shall be relocated to the new facility and the existing facility shall be vacated; and
B. after completion of a new Bernalillo county metropolitan court facility, the administrative office of the courts shall then transfer the record title of the vacated facility to the general services department for the express purpose of housing the district public defender or other state agencies.
History:
Laws 1998 (1st S.S.), ch. 6, § 8; 2001, ch. 95, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, rewrote Subsection B, which formerly provided for the facility to be vacated and made available for lease to public or private tenants; and deleted former Subsections C through G, which provided for the management of the facility and any funds acquired through leasing, selling, or mortgaging the facility.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-17 - Consolidation study committee; composition; duties.

A. With the approval and direction of the supreme court, the administrative office of the courts shall create a "consolidation study committee" to study the potential consolidation of the magistrate and municipal courts in Dona Ana county. The committee shall consist of fifteen members as follows:
(1) a district judge from the third judicial district, appointed by the chief judge of the district;
(2) a Dona Ana county magistrate judge, appointed by the director of the administrative office of the courts;
(3) a municipal judge from the city of Las Cruces, appointed by the director of the administrative office of the courts;
(4) three attorneys who commonly practice in the Dona Ana county magistrate court or the city of Las Cruces municipal court, appointed by the third judicial district bar association;
(5) one public member appointed by the mayor of the city of Las Cruces;
(6) one public member appointed by the board of county commissioners for Dona Ana county;
(7) one administrative employee from the Dona Ana county magistrate court, appointed by the magistrates;
(8) one administrative employee from the city of Las Cruces municipal court, appointed by the municipal judges;
(9) one administrative employee from the third judicial district court, appointed by the district court judges;
(10) a designee of the director of the administrative office of the courts;
(11) the district attorney for the third judicial district;
(12) the district public defender for the third judicial district; and
(13) a member of the city council of the city of Las Cruces, appointed by the city council.
B. The committee shall elect a chair and such other officers as it deems necessary. The committee shall meet at the call of the chair but no less than once per month. The committee may contract with a part-time individual to assist the committee with its administrative functions.
C. The committee shall investigate and evaluate the effectiveness and judicial efficiency of community-based judicial systems in other areas and determine the feasibility of creating a consolidated system in the Dona Ana county court system. The committee shall report its findings and recommendation to the city council, the board of county commissioners and the legislature by December 1, 2005.
History:
Laws 2005, ch. 297, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 297 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-17.1 - Bernalillo county criminal justice review commission.

A. The "Bernalillo county criminal justice review commission" is created to exist from July 1, 2013 through June 30, 2015.
B. The commission shall be composed of the following members or their designees:
(1) the chief judge of the second judicial district;
(2) the chief judge of the Bernalillo county metropolitan court;
(3) the second judicial district attorney;
(4) the Bernalillo county sheriff;
(5) the chair of the board of county commissioners of Bernalillo county;
(6) the chief of the Albuquerque police department;
(7) the district public defender of the second judicial district;
(8) the director of the administrative office of the courts, under the supervision and direction of the supreme court;
(9) the region manager of region 2 of the adult probation and parole division of the corrections department; and
(10) the executive director of the New Mexico association of counties.
C. The director of the administrative office of the courts, or the director's designee, shall chair the Bernalillo county criminal justice review commission. The chair shall call the first meeting of the commission to take place within thirty days of the effective date of this section, and the commission shall subsequently meet at the call of the chair. The commission shall organize itself in a manner appropriate to accomplish its duties pursuant to this section. The commission may call upon any of its members' agencies or organizations to support the work of the commission.
D. The Bernalillo county criminal justice review commission is charged with reviewing the criminal justice system in Bernalillo county, including the judicial process, sentencing, community corrections alternatives and jail overcrowding, for the purposes of identifying changes that will improve each members' agency or organization's ability to carry out its duties in the criminal justice system and ensuring that criminal justice is indeed just. State agencies shall provide prompt and pertinent responses to reasonable commission requests for information or support.
E. Following its review of the Bernalillo county criminal justice system, the Bernalillo county criminal justice review commission shall make written recommendations for revisions or alternatives to local and state laws that in the determination of the commission will serve to improve the delivery of criminal justice in Bernalillo county. A copy of the report shall be provided to each member of the board of county commissioners of Bernalillo county, to the administrative office of the courts, to the New Mexico association of counties, to the legislative finance committee and to the appropriate interim legislative committee.
History:
Laws 2013, ch. 199, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 199 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 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 34-9-18 - Judicial performance evaluation fund; created.

A. The "judicial performance evaluation fund" is created in the state treasury to be administered by the administrative office of the courts. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund. Balances in the fund shall not revert to the general fund at the end of any fiscal year.
B. Money in the judicial performance evaluation fund is subject to appropriation by the legislature to the administrative office of the courts for the operation and costs of the judicial performance evaluation commission to perform the duties required by the supreme court to evaluate appellate, district and metropolitan court judges.
C. Payments from the judicial performance evaluation 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 2008, ch. 36, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 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 34-9-20 - Judge pro tempore fund; created.

The "judge pro tempore fund" is created in the state treasury, to be administered by the administrative office of the courts. The fund shall be used to pay the costs of judges pro tempore. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund. Payments from the judge pro tempore fund shall be made pursuant to 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 2019, ch. 37, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 37, § 2 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 9 - Administrative Office of the Courts › Section 34-9-21 - Criteria for distribution of grants.

The administrative office of the courts shall establish criteria for the distribution of grants supporting pretrial services statewide and develop a framework for the standardization of pretrial services and supervision, including performance measurement and reporting. The framework and criteria for grant distribution shall incorporate national best practices and modify them as needed and shall explore the use of electronic location monitoring or other modes of pretrial services to enhance the certainty and celerity of punishment of low-level offenses with minimal impact on correctional institutions.
History:
Laws 2022, ch. 56, § 37.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 37 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 10 - Judicial Standards Commission › Section 34-10-2 - Judicial standards commission; vacancies.

Whenever any member of the judicial standards commission dies, resigns or no longer has the qualifications required for his original selection, his position on the commission becomes vacant. The remaining members of the commission shall certify the existence of the vacancy to the original appointing authority for the vacant position, which authority shall select a successor in the same manner as the original selection was made.
History:
1953 Comp., § 16-8-2, enacted by Laws 1968, ch. 48, § 2.
ANNOTATIONS
Creation of vacancies.
— None of the appointing authorities has the power to create a vacancy by removing one of the commissioners from his or her position.
State ex rel. N.M. Judicial Standards Comm'n v. Espinosa
, 2003-NMSC-017, 134 N.M. 59, 73 P.3d 197.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 10 - Judicial Standards Commission › Section 34-10-3 - Judicial standards commission; executive director.

The judicial standards commission shall employ an executive director.
History:
1953 Comp., § 16-8-3, enacted by Laws 1974, ch. 4, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1974, ch. 4, § 1, repealed former 16-8-3, 1953 Comp., relating to the supreme court clerk serving as staff for the commission, and enacted the above section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Confidentiality of proceedings or reports of judicial inquiry board or commission, 5 A.L.R.4th 730.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 10 - Judicial Standards Commission › Section 34-10-4 - Judicial standards commission; director's duties.

The executive director of the judicial standards commission shall:
A. perform, or cause to be performed, all investigations as may be deemed necessary or desirable by the commission or masters appointed by the commission;
B. enter into such contracts as may be necessary to carry out the responsibilities of the commission;
C. hire such other personnel as may be necessary to carry out the responsibilities of the commission; and
D. perform such other duties as may be delegated to him by the commission.
History:
1953 Comp., § 16-8-4, enacted by Laws 1974, ch. 4, § 2.
ANNOTATIONS
Recompilations.
— Laws 1969, ch. 209, § 7, recompiled former 16-8-4, 1953 Comp., relating to the judicial conference, as 16-9-1, 1953 Comp., which was compiled as 34-11-1 NMSA 1978. That section was repealed by Laws 1987, ch. 29, § 1.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 11 - Judicial Conference (Repealed.) › Section 34-11-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 29, § 1 repealed 34-11-1 NMSA 1978, as enacted by Laws 1968, ch. 48, § 4 and amended by Laws 1980, ch. 144, § 1, relating to creation and duties of the judicial conference, effective March 16, 1987.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 12 - Judicial Council (Repealed.) › Section 34-12-1 to 34-12-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 305, § 8, repealed 34-12-1 to 34-12-6 NMSA 1978, as enacted by Laws 1969, ch. 209, §§ 1 to 6, and amended by Laws 1973, ch. 212, § 1, Laws 1977, ch. 247, § 147, and Laws 1979, ch. 103, § 1, relating to the judicial council, effective July 1, 1981.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 12 - Judicial Council (Repealed.) › Section 34-12-7 to 34-12-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 66, § 2 repealed 34-12-7 to 34-12-12 NMSA 1978, as enacted by Laws 1981, ch. 305, § 2 and amended by Laws 1983, ch. 71, § 1, relating to the judicial council, effective July 1, 1986.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 13 - Judicial Education Fund › Section 34-13-1 - Judicial education fund created; administration; income to the fund.

A. The "judicial education fund" is created in the state treasury and shall be administered by the administrative office of the courts. Money in the fund shall be invested by the state treasurer as provided by law and earnings of the fund shall be credited to the fund. Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert.
B. Money from the fund may only be expended upon appropriation by the legislature.
C. The judicial education fund consists of general appropriations and judicial education fees levied and collected pursuant to Sections 35-6-1, 35-7-4, 35-14-11, 66-8-116.3 and 66-8-119 NMSA 1978 as well as gifts, grants, donations and other appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
History:
Laws 1993, ch. 273, § 1; 2023, ch. 139, § 1.
ANNOTATIONS
The 2023 amendment,
effective April 5, 2023, provided that the administrative office of the courts shall administer the judicial education fund, previously administered by the institute of public law, and revised provisions related to appropriations to the judicial education fund; in Subsection A, after "administered by the", deleted "institute of public law at the university of New Mexico law school" and added "administrative office of the courts"; and in Subsection C, after "fund consists of", added "general appropriations and", and after "NMSA 1978", added "as well as gifts, grants, donations and other appropriations and distributions to the fund made pursuant to the Tax Administration Act".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 13 - Judicial Education Fund › Section 34-13-2 - Court education services division; purpose.

The court education services division of the administrative office of the courts shall provide judicial education, training and instruction for the justices, judges, magistrates and court personnel of the state, municipalities and counties and may provide such education for tribal judges.
History:
Laws 1993, ch. 273, § 2; 2019, ch. 183, § 1; 2023, ch. 139, § 2.
ANNOTATIONS
The 2023 amendment,
effective April 5, 2023, created the court education services division in the administrative office of the courts, and removed provisions which created the judicial education center; in the section heading, deleted "Judicial" and added "Court", and deleted "center created" and added "services division"; deleted former Subsection A, which provided "The 'judicial education center' is created at the institute of public law at the university of New Mexico law school."; and in the remaining language, after "The", deleted "judicial" and added "court", after "education", deleted "center" and added "services division of the administrative office of the courts", and after "shall provide", added "judicial".
The 2019 amendment,
effective June 14, 2019, provided that the judicial education center may provide education, training and instruction for tribal judges, and removed a requirement that training for judges include an appropriate amount of time to be devoted to training and instruction on the disposition of driving while under the influence cases; and in Subsection B after "municipalities and counties", deleted "with an appropriate amount of time to be devoted each year to training and instruction on the disposition of driving while under the influence cases" and added "and may provide such education for tribal judges".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 15 - Domestic Violence Offender Treatment Fund (Repealed.) › Section 34-15-1 - Repealed.

History:
Laws 2003, ch. 94, § 1; repealed by Laws 2008, ch. 7, § 4.
ANNOTATIONS
Repealed.
— Laws 2008, ch. 7, § 4, repealed 34-15-1 NMSA 1978, as enacted by Laws 2003, ch. 94, § 1, relating to the domestic violence offender treatment fund, effective July 1, 2008. For provisions of former section,
see
the 2007 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 15 - Domestic Violence Offender Treatment Fund (Repealed.) › Section 34-15-2 - Repealed.

History:
Laws 2003, ch. 94, § 2; repealed by Laws 2008, ch. 33, § 4.
ANNOTATIONS
Repealed.
— Laws 2008, ch. 7, § 4, repealed 34-15-2 NMSA 1978, as enacted by Laws 2003, ch. 94, § 2, relating to the domestic violence offender treatment fund, effective July 1, 2008. For provisions of former section,
see
the 2007 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 16 - Juvenile Adjudication Fund › Section 34-16-1 - Juvenile adjudication fund created.

The "juvenile adjudication fund" is created in the state treasury to provide an alternative procedure of adjudication for juveniles charged with misdemeanor offenses to help alleviate the docket of the juvenile judicial system. The fund consists of juvenile adjudication fees levied and collected pursuant to Section 66-8-116.3 NMSA 1978. Money in the fund at the end of a fiscal year shall not revert to any other fund. The department of finance and administration shall administer the fund, and money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors. Money expended to administer the fund shall not exceed five percent of the money credited to the fund in each fiscal year. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.
History:
Laws 2009, ch. 244, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 244 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 16 - Juvenile Adjudication Fund › Section 34-16-1 - Juvenile adjudication fund created. (Effective July 1, 2024.)

The "juvenile adjudication fund" is created in the state treasury to provide an alternative procedure of adjudication for juveniles charged with misdemeanor offenses to help alleviate the docket of the juvenile judicial system. 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]. Money in the fund at the end of a fiscal year shall not revert to any other fund. The department of finance and administration shall administer the fund, and money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors. Money expended to administer the fund shall not exceed five percent of the money credited to the fund in each fiscal year. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.
History:
Laws 2009, ch. 244, § 2; 2023, ch. 184, § 11.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, revised the source of funds for the juvenile adjudication fund; after "The fund consists of", deleted "juvenile adjudication fees levied and collected pursuant to Section 66-8-116.3 NMSA 1978" and added "gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-2 - Magistrate court; districts.

The magistrate court consists of one magistrate district in each county excepting a class A county with a population of more than two hundred thousand persons in the last federal decennial census. The name of the magistrate district is the same as the name of the county in which it is located.
History:
1953 Comp., § 36-1-2, enacted by Laws 1968, ch. 62, § 4; 1979, ch. 346, § 10.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-2, 1953 Comp., relating to ballots for justices of the peace and constables, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-3 - Magistrate court; election; terms.

Except as otherwise provided by law, magistrates shall be nominated and elected at large within each magistrate district at the primary and general elections. In magistrate districts having more than one magistrate, the separate offices shall be designated by divisions and, in all appointments to fill vacancies and in all nominations and elections to these offices, candidates shall be designated as appointed or elected to the office of magistrate of a specific division. Magistrates shall be nominated and elected in the 1968 primary and general elections to serve terms from January 1, 1969 until December 31, 1970. Subsequent terms shall be for four years.
History:
1953 Comp., § 36-1-3, enacted by Laws 1968, ch. 62, § 5; 2000, ch. 99, § 1.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-3, 1953 Comp., relating to oath of office for justices of the peace, effective January 1, 1969.
The 2000 amendment,
effective March 7, 2000, in Subsection A, inserted "Except as otherwise provided by law" and "at large" in the first sentence.
Election of city attorney as magistrate.
— There is no legal prohibition precluding a city attorney from serving as a magistrate, but if there is only one magistrate court available there may be ethical considerations. 1970 Op. Att'y Gen. No. 70-67.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judges §§ 239, 240; 47 Am. Jur. 2d Justices of the Peace § 7 et seq.
Induction into military service as creating vacancy in office, 156 A.L.R. 1457, 157 A.L.R. 1456.
Power to appoint public officer for term commencing at or after expiration of term of appointing officer or body, 75 A.L.R.2d 1277.
51 C.J.S. Justices of the Peace §§ 1 to 9.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 346, § 13, repealed 35-1-4 NMSA 1978, relating to the Bernalillo magistrate district courts, effective July 1, 1980.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-5 - Magistrate court; Catron district.

There shall be one magistrate in Catron magistrate district whose principal court is in Reserve.
History:
1953 Comp., § 36-1-5, enacted by Laws 1968, ch. 62, § 7; 1977, ch. 153, § 1; 1985, ch. 145, § 1; 2017, ch. 8, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, eliminated the magistrate circuit court in Quemado, and deleted the last sentence of the section, which provided "The magistrate shall ride circuit to Quemado on a regularly scheduled basis.".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-6 - Magistrate court; Chaves district.

There shall be two magistrates in Chaves magistrate district, divisions 1 and 2 operating as a single court in Roswell.
History:
1953 Comp., § 36-1-6, enacted by Laws 1968, ch. 62, § 8; 1982, ch. 101, § 1.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-6, 1953 Comp., relating to the certificate of qualification and failure to execute oath and bond of justice of the peace, effective January 1, 1969.
Compiler's notes.
— In Aguilar v. Gonzales, CIV No. 96-0909-MV/JHG, in paragraph 6 of the Consent Order Approving Settlement Agreement, filed on June 9, 1997, as amended by the Consent Order Modifying June 9, 1997 Consent Order Approving Settlement Agreement, filed on July 3, 1997, the United States District Court for the District of New Mexico ordered that, beginning in the 1998 general election, the at-large system of electing the two magistrate court judges in Chaves county will no longer be utilized. The two magistrate court judges shall be elected from two electoral divisions; the qualified, registered electors in each of the two electoral divisions will elect one magistrate court judge. A candidate for magistrate court judge must, at the time of filing for candidacy, reside in the electoral division from which he or she seeks to be elected and, if elected, must maintain residency in that electoral division. In the event a magistrate court judge is appointed to fill a vacancy pursuant to state law, the appointee must be a resident of and maintain residency in the electoral division to which he or she is appointed. Nothing in the order shall be deemed to affect the jurisdiction and powers of the magistrate court judges under current law. Paragraph 7 provides that the New Mexico legislature shall have the opportunity during the regular 1998 session to draw the boundaries of the two electoral divisions for Chavez county magistrate court judge's elections. The electoral divisions shall have one minority-majority electoral division with no less than 46.4% Hispanic voting age population. Paragraph 8 provides that if the legislature fails to enact legislation in compliance with paragraphs 6 and 7 or if the governor fails to approve such legislation, the electoral divisions for Chaves county magistrate court judge shall be as follows: electoral division 1: Chaves county voting precincts 14, 15, 16, 24, 25, 32, 34, 42, 43, 51, 52, 61, 62, 63, 71, 72, 73, 90, 91, 101, 102, 103 and 104; and electoral division 2: Chaves county voting precincts 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 21, 22, 23, 31, 33, 35, 35, 41, 81, 82, 83, 84, 85, 92 and 93.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-6.1 - Magistrate court; Cibola district.

There shall be two magistrates in Cibola magistrate district, divisions 1 and 2 operating as a single court in Grants.
History:
1978 Comp., § 35-1-6.1, enacted by Laws 1982, ch. 101, § 2; 1993, ch. 146, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "divisions 1 and 2 operating as a single court in Grants" for "division 1 in Grants and division 2 in Milan".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-7 - Magistrate court; Colfax district.

There shall be two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer.
History:
1953 Comp., § 36-1-7, enacted by Laws 1968, ch. 62, § 9; 1975 (S.S.), ch. 13, § 1; 1985, ch. 145, § 2; 1988, ch. 43, § 1; 2009, ch. 54, § 1.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-7, 1953 Comp., relating to bond of constables, effective January 1, 1969.
The 2009 amendment,
effective July 1, 2009, deleted the last sentence which provided that the magistrates shall ride circuit to Cimarron.
Temporary provisions.
— Laws 2009, ch. 54, § 6 provided that the magistrate court clerk positions assigned to the magistrate courts shall not be decreased as a result of this act, but the administrative office of the courts shall reassign positions from the eliminated division in the Lea district to other magistrate courts. The administrative office of the courts shall reassign other resources, including furniture, equipment and supplies, to other magistrate courts as needed.
The 1988 amendment,
effective May 18, 1988, substituted "two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer" for "one magistrate in Colfax magistrate district whose principal court is in Raton", and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-8 - Magistrate court; Curry district.

There shall be two magistrates in Curry magistrate district, both divisions operating as a single court in Clovis.
History:
1953 Comp., § 36-1-8, enacted by Laws 1968, ch. 62, § 10.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-8, 1953 Comp., relating to death, resignation or removal of justice, effective January 1, 1969.
Compiler's notes.
— In Chavez v. Lujan, CIV No.05-579 LH/RLP, in paragraph 4 of the Agreed Order and Judgment Approving Settlement, filed on April 1, 2008, the United States District Court for the District of New Mexico approved and adopted the Stipulation of Facts and Settlement Agreement, filed on March 10, 2008 and in paragraph 6 ordered that, beginning at the next scheduled election for magistrate judges in Curry county, the at-large system of electing the two magistrate court judges in Curry county will no longer be utilized in future elections. The two magistrate court judges shall be elected from two electoral divisions (districts); the qualified, registered electors in each of the two electoral divisions will elect one magistrate court judge. A candidate for magistrate court judge must, at the time of filing for candidacy, reside in the electoral division from which he or she seeks to be elected and, if elected, must maintain residency in the electoral division. Nothing in the order shall be deemed to affect the jurisdiction and powers of the magistrates under current law and practice. Magistrate judges elected from the electoral divisions and districts will continue to have county-wide jurisdiction as provided under current law and practice. Paragraph 8 provides that in future elections the electoral divisions for Curry county magistrate court judge shall be as follows: electoral district and division 1: Curry county voting precincts 5, 6, 7, 8, 9, 11, 12, 20, 21, 22, 25, 26, 27, 28, 30 and 33; and electoral district and division 2: Curry county voting precincts 1, 2, 3, 4, 10, 13, 14, 15, 16, 17, 18, 19, 23, 24, 29, 31, 32, 34, 35, 36 and 37.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-9 - Magistrate court; DeBaca district.

There shall be one magistrate in DeBaca magistrate district with a court in Fort Sumner.
History:
1953 Comp., § 36-1-9, enacted by Laws 1968, ch. 62, § 11.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-9, 1953 Comp., relating to creation of conference of justices of the peace, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-10 - Magistrate court; Dona Ana district.

There shall be seven magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, 4, 5, 6 and 7 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis.
History:
1953 Comp., § 36-1-10, enacted by Laws 1968, ch. 62, § 12; 1976 (S.S.), ch. 53, § 1; 1985, ch. 145, § 3; 1989, ch. 207, § 1; 1999 (1st S.S.), ch. 4, § 2; 2001, ch. 306, § 1; 2010, ch. 3, § 2; 2014, ch. 73, § 5.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-10, 1953 Comp., relating to conference meetings of justices of the peace, effective January 1, 1969.
The 2014 amendment,
effective May 21, 2014, created an additional magistrate; in the first sentence, after "shall be", changed "six" to "seven"; and in the second sentence, after "4, 5", deleted "and", and after "5, 6", added "and 7".
Temporary provisions.
— Laws 2014, ch. 73, § 7 provided that the office of magistrate in Dona Ana district, division 7, shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2014 and shall serve until succeeded by a magistrate elected at the general election in 2014. The first full term of office of the elected magistrate shall begin on January 1, 2015.
The 2010 amendment,
effective February 23, 2010, increased the number of magistrates from five magistrates to six magistrates and added division 6.
The 2001 amendment,
effective July 1, 2001, added a fifth magistrate and division.
The 1999 amendment,
effective May 21, 1999, substituted "four magistrates" for "three magistrates" and "Divisions 1, 2, 3 and 4 shall operate" for "Divisions 1, 2 and 3 operating" and made a minor stylistic change.
The 1989 amendment,
effective June 16, 1989, inserted "and Hatch" in the second sentence.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-11 - Magistrate court; Eddy district.

There shall be three magistrates in Eddy magistrate district, divisions 1 and 2 in Carlsbad operating as a single court and division 3 in Artesia.
History:
1953 Comp., § 36-1-11, enacted by Laws 1968, ch. 62, § 13; 1981, ch. 266, § 5; 1985, ch. 145, § 4.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-1-11, 1953 Comp., relating to cooperation between the conference of justices and state agencies, effective January 1, 1969.
Compiler's notes.
— In Aguilar v. Gonzales, CIV No. 96-0909-MV/JHG, in paragraph 9 of the Consent Order Approving Settlement Agreement, filed on June 9, 1997, as amended by the Consent Order Modifying June 9, 1997 Consent Order Approving Settlement Agreement, filed on July 3, 1997, the United States District Court for the District of New Mexico ordered that, beginning in the 1998 general election, the at-large system of electing the three magistrate court judges in Eddy county will no longer be utilized. The three magistrate court judges shall be elected from three electoral divisions; the qualified, registered electors in each of the three electoral divisions will elect one magistrate court judge. A candidate for magistrate court judge must, at the time of filing for candidacy, reside in the electoral division from which he or she seeks to be elected and, if elected, must maintain residency in that electoral division. In the event a magistrate court judge is appointed to fill a vacancy pursuant to state law, the appointee must be a resident of and maintain residency in the electoral division to which he or she is appointed. Nothing in the order shall be deemed to affect the jurisdiction and powers of the magistrate court judges under current law. Paragraph 10 provides that the New Mexico legislature shall have the opportunity during the regular 1998 session to draw the boundaries of the three electoral divisions for Eddy County magistrate court judges elections; provided that the electoral divisions shall have one minority-majority electoral division with no less than 50.2% Hispanic voting age population. Paragraph 11 provides that if the legislature fails to enact legislation in compliance with paragraphs 9 and 10 or if the governor fails to approve such legislation, the electoral divisions for Eddy county magistrate court judge shall be as follows: electoral division 1: Eddy county voting precincts 9, 10, 11, 12, 13, 14, 15, 16, 31, 32 and 33; electoral division 2: Eddy county voting precincts 1, 4, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 36, 37 and 42; and electoral division 3: Eddy county voting precincts 2, 3, 5, 6, 7, 8, 29, 30, 34, 35, 38, 39, 40, 41, 43 and 44.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-12 - Magistrate court; Grant district.

There shall be two magistrates in Grant magistrate district, division 1 in Silver City and division 2 in Bayard.
History:
1953 Comp., § 36-1-12, enacted by Laws 1968, ch. 62, § 14.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-13 - Magistrate court; Guadalupe district.

There shall be one magistrate in Guadalupe magistrate district whose principal court is in Santa Rosa.
History:
1953 Comp., § 36-1-13, enacted by Laws 1968, ch. 62, § 15; 1985, ch. 145, § 5; 2009, ch. 54, § 2.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, deleted the last sentence which provided that the magistrates shall ride circuit to Vaughn.
Temporary provisions.
— Laws 2009, ch. 54, § 6 provided that the magistrate court clerk positions assigned to the magistrate courts shall not be decreased as a result of this act, but the administrative office of the courts shall reassign positions from the eliminated division in the Lea district to other magistrate courts. The administrative office of the courts shall reassign other resources, including furniture, equipment and supplies, to other magistrate courts as needed.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-14 - Magistrate court; Harding district.

There shall be one magistrate in Harding magistrate district with a court in Roy.
History:
1953 Comp., § 36-1-14, enacted by Laws 1968, ch. 62, § 16.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-15 - Magistrate court; Hidalgo district.

There shall be one magistrate in Hidalgo magistrate district with a court in Lordsburg.
History:
1953 Comp., § 36-1-15, enacted by Laws 1968, ch. 62, § 17.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-17 - Magistrate court; Lincoln district.

There shall be two magistrates in Lincoln magistrate district, division 1 in Carrizozo and division 2 in Ruidoso.
History:
1953 Comp., § 36-1-17, enacted by Laws 1968, ch. 62, § 19; 1985, ch. 145, § 7.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-18 - Magistrate court; Los Alamos district.

There shall be one magistrate in Los Alamos magistrate district with a court in Los Alamos.
History:
1953 Comp., § 36-1-18, enacted by Laws 1968, ch. 62, § 20.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-19 - Magistrate court; Luna district.

There shall be one magistrate in Luna magistrate district with a court in Deming.
History:
1953 Comp., § 36-1-19, enacted by Laws 1968, ch. 62, § 21.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-20 - Magistrate court; McKinley district.

There shall be three magistrates in McKinley magistrate district, divisions 1, 2 and 3 operating as a single court in Gallup. The division 3 magistrate shall ride circuit to Thoreau.
History:
1953 Comp., § 36-1-20, enacted by Laws 1968, ch. 62, § 22; 1979, ch. 296, § 1; 2009, ch. 54, § 4.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, added division 3 in Gallup; deleted "and division 3 in Thoreau"; and added the last sentence.
Temporary provisions.
— Laws 2009, ch. 54, § 6 provided that the magistrate court clerk positions assigned to the magistrate courts shall not be decreased as a result of this act, but the administrative office of the courts shall reassign positions from the eliminated division in the Lea district to other magistrate courts. The administrative office of the courts shall reassign other resources, including furniture, equipment and supplies, to other magistrate courts as needed.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-21 - Magistrate court; Mora district.

There shall be one magistrate in Mora magistrate district with a court in Mora.
History:
1953 Comp., § 36-1-21, enacted by Laws 1968, ch. 62, § 23.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-22 - Magistrate court; Otero district.

There shall be two magistrates in Otero magistrate district, divisions 1 and 2 operating as a single court in Alamogordo.
History:
1953 Comp., § 36-1-22, enacted by Laws 1968, ch. 62, § 24; 1985, ch. 145, § 8.