reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-23 - Magistrate court; Quay district.

There shall be one magistrate in Quay magistrate district whose principal court is in Tucumcari.
History:
1953 Comp., § 36-1-23, enacted by Laws 1968, ch. 62, § 25; 1985, ch. 145, § 9; 2009, ch. 54, § 5.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, deleted the last sentence which provided that the magistrates shall ride circuit to San Jon.
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 35-1-24 - Magistrate court; Rio Arriba district.

There shall be two magistrates in Rio Arriba magistrate district, divisions 1 and 2 operating as a single court in Espanola. The magistrates shall rotate riding circuit to Chama as needed.
History:
1953 Comp., § 36-1-24, enacted by Laws 1968, ch. 62, § 26; 1985, ch. 145, § 10; 1993, ch. 345, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "divisions 1 and 2 operating as a single court in Espanola" for "division 1 in Chama and division 2 in Espanola" in the first sentence and rewrote the second sentence.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-25 - Magistrate court; Roosevelt district.

There shall be one magistrate in Roosevelt magistrate district with a court in Portales.
History:
1953 Comp., § 36-1-25, enacted by Laws 1968, ch. 62, § 27.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-26 - Magistrate court; Sandoval district.

There shall be three magistrates in Sandoval magistrate district, divisions 1 and 3 in Bernalillo and division 2 in Cuba.
History:
1953 Comp., § 36-1-26, enacted by Laws 1968, ch. 62, § 28; 2005, ch. 284, § 6.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, increased the number of magistrates from two to three and provided that division 3 shall be in Bernalillo.
Temporary provision.
— Laws 2005, ch. 284, § 10 provided that the offices of magistrate in San Juan division 5, Sandoval division 3 and Santa Fe division 4 shall be filled by appointment by the governor to begin serving on July 1, 2005. The appointed magistrates shall serve until succeeded by magistrates elected at the general election in 2006. The first full term of office of the elected magistrates shall begin on January 1, 2007.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-28 - Magistrate court; San Miguel district.

There shall be two magistrates in San Miguel magistrate district, divisions 1 and 2 operating as a single court in Las Vegas.
History:
1953 Comp., § 36-1-28, enacted by Laws 1968, ch. 62, § 30; 1985, ch. 145, § 11.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-29 - Magistrate court; Santa Fe district.

There shall be four magistrates in the Santa Fe magistrate district, divisions 1, 2, 3 and 4 operating as a single court in Santa Fe; however, one magistrate shall ride circuit to Pojoaque on a regularly scheduled basis.
History:
1953 Comp., § 36-1-29, enacted by Laws 1968, ch. 62, § 31; 1969, ch. 231, § 1; 1985, ch. 145, § 12; 2005, ch. 284, § 8.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, increased the number for magistrates from three to four and provided that division 4 shall be in Santa Fe.
Temporary provision.
— Laws 2005, ch. 284, § 10 provided that the offices of magistrate in San Juan division 5, Sandoval division 3 and Santa Fe division 4 shall be filled by appointment by the governor to begin serving on July 1, 2005. The appointed magistrates shall serve until succeeded by magistrates elected at the general election in 2006. The first full term of office of the elected magistrates shall begin on January 1, 2007.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-30 - Magistrate court; Sierra district.

There shall be one magistrate in Sierra magistrate district with a court in Truth or Consequences.
History:
1953 Comp., § 36-1-30, enacted by Laws 1968, ch. 62, § 32.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-31 - Magistrate court; Socorro district.

There shall be one magistrate in Socorro magistrate district with a court in Socorro.
History:
1953 Comp., § 36-1-31, enacted by Laws 1968, ch. 62, § 33.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-32 - Magistrate court; Taos district.

There shall be two magistrates in Taos magistrate district, divisions 1 and 2 operating as a single court in Taos.
History:
1953 Comp., § 36-1-32, enacted by Laws 1968, ch. 62, § 34; 1972, ch. 45, § 1; 1985, ch. 145, § 13; 2017, ch. 8, § 2.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, eliminated the magistrate circuit court in Questa, and deleted the last sentence of the section, which provided "The magistrates shall rotate riding circuit to Questa on a regularly scheduled basis.".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-33 - Magistrate court; Torrance district.

There shall be one magistrate in Torrance magistrate district whose principal court is in Moriarty. The magistrate shall ride circuit to Estancia on a regularly scheduled basis.
History:
1953 Comp., § 36-1-33, enacted by Laws 1968, ch. 62, § 35; 1972, ch. 45, § 2; 1985, ch. 145, § 14.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-34 - Magistrate court; Union district.

There shall be one magistrate in Union magistrate district with a court in Clayton.
History:
1953 Comp., § 36-1-34, enacted by Laws 1968, ch. 62, § 36.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-35 - Magistrate court; Valencia district.

There shall be three magistrates in Valencia magistrate district, division 1 and division 3 in Los Lunas and division 2 in Belen.
History:
1953 Comp., § 36-1-35, enacted by Laws 1968, ch. 62, § 37; 1972, ch. 45, § 3; 1982, ch. 101, § 4; 1992, ch. 30, § 1.
ANNOTATIONS
The 1992 amendment,
effective July 1, 1993, substituted "three magistrates" for "two magistrates" and "division 3 in Los Lunas" for "division 2 in Los Lunas".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-36 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 266, § 6, repealed 35-1-36 NMSA 1978, as enacted by Laws 1968, ch. 62, § 38, relating to compensation for each specific magistrate district, effective January 1, 1983.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-36.1 - Magistrate court; compensation.

A. All magistrates shall be full-time.
B. A full-time magistrate is defined as a magistrate who holds office hours a minimum of forty hours per week and who holds no other employment that may conflict with his full-time judicial duties.
History:
1978 Comp., § 35-1-36.1, enacted by Laws 1986, ch. 96, § 1; 1988, ch. 136, § 5; 1989, ch. 283, § 5; 1990, ch. 115, § 5; 1993, ch. 278, § 3; 1994, ch. 74, § 1.
ANNOTATIONS
Cross references.
— For administrative office of the courts,
see
34-9-1 NMSA 1978 et seq.
The 1994 amendment,
effective March 4, 1994, deleted Subsections C and D, defining half-time and quarter-time magistrate, and rewrote Subsection A, which formerly read: "All magistrates, except for Lea magistrate district division 4 and McKinley magistrate district division 3, shall be full-time magistrates. The Lea magistrate district division 4 magistrate shall serve one-quarter time and the McKinley magistrate district division 3 magistrate shall serve one-half time."
The 1993 amendment,
effective January 1, 1994, deleted the former second sentence of Subsections B, C and D, which concerned the compensation of full-time magistrates, half-time magistrates, and quarter-time magistrates, respectively.
The 1990 amendment,
effective July 6, 1990, in Subsection B, increased the salary of full-time magistrates from $38,035 to $45,000; in Subsection C, increased the salary of half-time magistrates from $19,020 to $22,500; and deleted former Subsection E which read "The administrative office of the courts shall review the need for quarter-time and half-time magistrates and make recommendations to the thirty-ninth legislature, second session".
The 1989 amendment,
effective at the beginning of the first full pay period of the seventy-ninth fiscal year, in Subsection B, substituted "thirty-eight thousand thirty-five dollars ($38,035)" for "thirty-one thousand sixty-eight dollars ($31,068)", and, in Subsection C, substituted "nineteen thousand twenty dollars ($19,020)" for "fifteen thousand five hundred thirty-four dollars ($15,534)".
The 1988 amendment,
effective on the beginning of the first pay period of the seventy-seventh fiscal year, substituted "thirty-one thousand sixty-eight dollars ($31,068)" for "twenty-nine thousand six hundred eighty-eight dollars ($29,688)" in the second sentence of Subsection B, substituted "fifteen thousand five hundred thirty-four dollars ($15,534)" for "fourteen thousand eight hundred forty-four dollars ($14,844)" in the second sentence of Subsection C, and substituted "eleven thousand six hundred fifty-one dollars ($11,651)" for "eleven thousand one hundred thirty-three dollars ($11,133)" in the second sentence of Subsection D.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-36.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 96, § 2 repealed 35-1-36.2 NMSA 1978, as enacted by Laws 1981, ch. 266, § 3, relating to category designations of magistrates courts, effective January 1, 1987.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-37 - Magistrate court; presiding magistrate.

In magistrate districts where two or more divisions operate as a single court, the chief district judge shall designate the magistrate of one of the divisions as "presiding magistrate" to perform administrative duties prescribed by the supreme court.
History:
1953 Comp., § 36-1-37, enacted by Laws 1968, ch. 62, § 39; 1999, ch. 95, § 1; 2021, ch. 95, § 1.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; and after "single court, the", changed "director of the administrative office of the courts" to "chief district judge", after "prescribed by", deleted "regulation of", and after the next occurrence of "the", changed "administrative office" to "supreme court".
The 1999 amendment,
effective July 1, 1999, purported to amend this section but made no change.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-38 - Magistrate court; justices of the peace abolished; transfer.

The office of justice of the peace is abolished. All jurisdiction, powers and duties conferred by law upon justices of the peace are transferred to the magistrate court. Whenever the term "justice of the peace" may be used in the laws, it shall be construed to refer to the magistrate court.
History:
1953 Comp., § 36-1-38, enacted by Laws 1968, ch. 62, § 40.
ANNOTATIONS
Cross references.
— For establishment of magistrate court,
see
N.M. Const., art. VI, § 26, and 35-1-1 NMSA 1978.
For abolition of justice of the peace,
see
N.M. Const., art. VI, § 31.
Effect in criminal cases.
— The transfer provision of this section does not grant a magistrate the authority to set aside its judgment in a criminal case.
State v. Vega
, 1977-NMCA-107, 91 N.M. 22, 569 P.2d 948,
overruled on other grounds by
State v. Tollardo
, 1982-NMCA-156, 99 N.M. 115, 654 P.2d 568.
Lay practice must be continual.
— Where the practice is not occasional and non-reoccurring, but is continual, the New Mexico supreme court will not permit the practice of law by unlicensed magistrate courts' lawyers who are unfettered by the strictures which apply to the rest of the legal profession.
State ex rel. Norvell v. Credit Bureau of Albuquerque, Inc.
, 1973-NMSC-087, 85 N.M. 521, 514 P.2d 40.
Magistrate court jurisdiction affected by transferred laws.
— The jurisdiction and powers of a magistrate's court are governed by the laws relating to justices of the peace except as they have been later changed. 1969 Op. Att'y Gen. No. 69-91.
Jurisdiction affected by transferred cases.
— Recourse must be had to decisions in New Mexico courts setting forth the powers of justices of the peace which now apply equally to magistrates. 1969 Op. Att'y Gen. No. 69-91.
Effect on practice of law by laymen.
— Under this section a layman would be allowed to practice law in magistrate courts to whatever extent he could formerly practice in the justice of the peace courts. 1969 Op. Att'y Gen. No. 69-12.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justice of the Peace § 6.
51 C.J.S. Justices of the Peace §§ 1, 4, 26 to 52.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 1 - Magistrate Court; Establishment; Districts; Election › Section 35-1-39 - Deleted.

ANNOTATIONS
Compiler's notes.
— This section, as enacted by Laws 1995, ch. 85, § 18, relating to the magistrate court in the new county created by Chapter 4, Article 1A NMSA 1978, was deleted by the compiler in 1996. Section 20 of Laws 1995, ch. 85 provided that the act shall be effective upon certification by the state canvassing board that a majority of votes cast in the referendum conducted pursuant to 4-1A-15 NMSA 1978 was for the creation and operation of the new county; that referendum was defeated at the general election held November 5, 1996, by a vote of 2,224 for and 9,055 against. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-2 - Qualification; vacancies.

The governor shall fill vacancies in the office of magistrate by appointment of persons who possess the personal qualifications established by law to serve until the next general election.
History:
1953 Comp., § 36-2-2, enacted by Laws 1968, ch. 62, § 42.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-2-2, 1953 Comp., relating to administration of oaths and affidavits of justices, effective January 1, 1969.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 C.J.S. Justices of the Peace §§ 4, 6, 8.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-4 - Qualification; continuing in office; mandatory training program.

A. As a qualification for continuing in office, each magistrate shall attend at least one magistrate training program each year unless excused in writing by the chief justice of the supreme court for good cause shown.
B. The administrative office of the courts shall prescribe and conduct annual magistrate training programs designed to inform magistrates with reference to judicial powers and duties and to improve the administration of justice, and shall notify each magistrate of times and places designated for such training programs each year. All officers, agencies and institutions of the state shall cooperate and assist with magistrate training programs upon request of the administrative office.
C. Any magistrate who fails to attend and remain present through all proceedings of at least one magistrate training program during any calendar year without being excused as provided in Subsection A shall be held to have resigned his office, and the administrative office shall revoke his certificate of magistrate qualification and certify the existence of the vacancy to the governor.
D. Magistrates shall be reimbursed per diem and mileage for one round trip to attend one magistrate training program each year. Per diem and mileage shall be paid as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 36-2-4, enacted by Laws 1968, ch. 62, § 44; 1971, ch. 7, § 3.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed 36-2-4, 1953 Comp., relating to titles to land, effective January 1, 1969.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 C.J.S. Justices of the Peace § 15.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-5 - Qualification; failure to qualify.

A. Any judicial act is void if performed by a magistrate prior to the issuance to him of a certificate of magistrate qualification or during any period of suspension or revocation of the certificate, and the magistrate is personally liable for any damages resulting from such act.
B. No compensation shall be paid to any magistrate for any period of time during which he did not hold a valid certificate of magistrate qualification.
History:
1953 Comp., § 36-2-5, enacted by Laws 1968, ch. 62, § 45.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-2-5, 1953 Comp., relating to jurisdiction over misdemeanors, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-6 - Appointment as special master, arbitrator or magistrate judge pro tempore; compensation.

A. A chief district court judge may appoint a retired magistrate judge, with the retired judge's consent, to serve as a magistrate judge pro tempore, subject to the money available to the judge pro tempore fund.
B. The retired magistrate judge shall be:
(1) compensated for his services in an amount equal to the hourly salary paid to magistrate judges; and
(2) reimbursed for his expenses in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] that apply to nonsalaried public officers.
History:
Laws 1997, ch. 114, § 1; 2001, ch. 71, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, inserted "compensation" in the section heading; inserted the Subsection A and B designations; in Subsection B, deleted "compensated for his services as provided for nonsalaried public officers in the Per Diem and Mileage Act" following "shall be" and inserted Paragraphs (1) and (2).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 2 - Magistrate Court; Qualification › Section 35-2-7 - Magistrate courts; authority to conduct a mediation program; training.

A. If approved by the administrative office of the courts pursuant to Subsection B of this section, a probate judge shall have authority to conduct mediation programs in a magistrate court.
B. The director of the administrative office of the courts may approve a probate judge to exercise the authority conferred in Subsection A of this section if the judicial district for the county in which the magistrate court is located has certified that the probate judge is qualified, by training or experience, to conduct the mediation program.
C. The supreme court shall enact rules necessary for the implementation of this section.
History:
Laws 1999, ch. 110, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 110 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
Cross references.
— For authorization for appointment of probate judges,
see
34-7-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-1 - Jurisdiction; administration of oaths.

Magistrates may administer oaths and affirmations and take acknowledgments of instruments in writing, but shall charge no fee therefor. Magistrates may acquire appropriate seals for this purpose.
History:
1953 Comp., § 36-3-1, enacted by Laws 1968, ch. 62, § 46.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-3-1, 1953 Comp., relating to venue in civil suits, and disqualification of justice for interest or relationship, effective January 1, 1969.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments §§ 4, 87; 47 Am. Jur. 2d Justices of the Peace § 17; 58 Am. Jur. 2d Oaths and Affirmations §§ 11, 14, 15, 17.
1A C.J.S. Acknowledgments § 33; 51 C.J.S. Justices of the Peace §§ 7, 26, 41; 67 C.J.S. Oaths § 5.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-2 - Authority; marriages.

Magistrates may solemnize the contract of matrimony throughout the state but shall charge no fee for it.
History:
1953 Comp., § 36-3-2, enacted by Laws 1968, ch. 62, § 47; 1989, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repeals former 36-3-2, 1953 Comp., relating to jurisdiction where evasion of suit by defendant, effective January 1, 1969.
The 1989 amendment,
effective June 16, 1989, substituted "Authority" for "Jurisdiction" in the catchline, and substituted all of the language following "matrimony" for "but shall charge no fee therefor".
Place where judge may perform marriage ceremony.
— Except for probate and municipal judges, judges and justices may solemnize marriages anywhere in New Mexico. 1991 Op. Att'y Gen. No. 91-09.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 52 Am. Jur. 2d Marriage § 40.
Validity of marriage as affected by lack of legal authority of person solemnizing it, 13 A.L.R.4th 1323.
51 C.J.S. Justices of the Peace § 16; 55 C.J.S. Marriage § 29.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-5 - Jurisdiction; venue of actions.

A. Venue of actions in the magistrate court lies:
(1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and
(2) in criminal actions, in the magistrate district where the crime is alleged to have been committed.
B. The provisions of Section 35-3-6 or 35-3-7 NMSA 1978, supersede this section whenever they become applicable.
History:
1953 Comp., § 36-3-5, enacted by Laws 1968, ch. 62, § 50.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-3-5, 1953 Comp., relating to petition and affidavits for change of venue, effective January 1, 1969.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace §§ 21, 74.
Construction and effect of statutes providing for jurisdiction of criminal case in either county, where crime is committed partly in one county and partly in another, 30 A.L.R.2d 1265, 73 A.L.R.3d 907, 100 A.L.R.3d 1174, 11 A.L.R.4th 704.
22 C.J.S. Criminal Law § 178; 51 C.J.S. Justices of the Peace § 61.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-8 - Jurisdiction; recusal.

A. Except by consent of all parties, no magistrate shall sit in any action in which:
(1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin;
(2) he was counsel for either party in that action; or
(3) he has an interest.
B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.
History:
1953 Comp., § 36-3-8, enacted by Laws 1968, ch. 62, § 53.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-3-8, 1953 Comp., relating to costs and expenses attending change of venue because of disqualification of justice, effective January 1, 1969.
Cross references.
— For disqualification for interest on relationship,
see
N.M. Const., art. VI, § 18.
For recusal of magistrate,
see
Rule 2-106 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace § 43.
Relationship of judge to one who is party in an official or representative capacity as disqualification, 10 A.L.R.2d 1307.
Mandamus as remedy to compel assertedly disqualified judge to recuse self or to certify his disqualification, 45 A.L.R.2d 937, 56 A.L.R. Fed. 494.
Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143.
Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471.
51 C.J.S. Justices of the Peace §§ 44, 49.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-10 - Jurisdiction; failure to exercise; unlawful exercise; remedy.

If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules.
History:
1953 Comp., § 36-3-10, enacted by Laws 1975, ch. 242, § 2.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-3-10, 1953 Comp., relating to transmittal of papers in justice courts.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For Rules of Civil Procedure for the Magistrate Court,
see
Rule 2-101 NMRA et seq.
For Rules of Criminal Procedure for the Magistrate Courts,
see
Rule 6-101 NMRA et seq.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 4 - Magistrate Court; Civil Actions › Section 35-4-1 - Civil actions; receipts for money.

Every magistrate shall, on a form prescribed by the administrative office of the courts:
A. immediately give a written itemized receipt to any person paying money to the court in connection with any civil action; and
B. require a written itemized receipt from the payee before making any disbursement authorized by law.
History:
1953 Comp., § 36-4-7, enacted by Laws 1968, ch. 62, § 61; 1991, ch. 82, § 3.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repeals former 36-4-7, 1953 Comp., relating to civil penalty for failure to execute or make return of process, effective January 1, 1969.
The 1991 amendment,
effective June 14, 1991, redesignated former Paragraphs (1) and (2) as Subsections A and B; substituted "immediately" for "forthwith" at the beginning of Subsection A; deleted former Subsection B which read "Any magistrate who violates this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 C.J.S. Justices of the Peace §§ 43, 60.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 4 - Magistrate Court; Civil Actions › Section 35-4-3 - Civil actions; distribution of supplies.

The administrative office of the courts shall:
A. prescribe by regulation the form, size and content of civil dockets and other administrative forms for use in civil actions in the magistrate court; and
B. have all forms prescribed by law or by regulation of the administrative office for use in civil actions reproduced and distribute them to each magistrate court.
History:
1953 Comp., § 36-5-4, enacted by Laws 1968, ch. 62, § 71; 1991, ch. 82, § 4.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-5-4, 1953 Comp., relating to time for appearance after service of process, effective January 1, 1969.
The 1991 amendment,
effective June 14, 1991, redesignated former Paragraphs (1) and (2) of Subsection A as Subsections A and B; inserted "administrative" in Subsection A; deleted former Subsection B which made it a misdemeanor to print or reproduce or have unauthorized possession of blank forms of the administrative office; and made a related stylistic change.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-1 - Criminal actions; arrest followed by complaint.

Whenever a peace officer makes an arrest without warrant for a misdemeanor within magistrate trial jurisdiction, he shall take the arrested person to the nearest available magistrate court without unnecessary delay. In such cases, a complaint shall be filed forthwith by the peace officer and a copy given to the defendant at or before the time he is brought before the magistrate.
History:
1953 Comp., § 36-6-5, enacted by Laws 1968, ch. 62, § 76.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-6-5, 1953 Comp., relating to unsatisfied executions and renewal, effective January 1, 1969.
Cross references.
— For arrest followed by complaint,
see
Rule 6-201D NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 21 Am. Jur. 2d Criminal Law § 408, 421.
Peace officer's delay in making arrest without a warrant for misdemeanor or breach of peace, 58 A.L.R.2d 1056.
Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 98 A.L.R.2d 966, 3 A.L.R.4th 1057.
Accused's right to assistance of counsel at or prior to arraignment, 5 A.L.R.3d 1269.
Admissibility of confession as affected by delay in arraignment of prisoner, 28 A.L.R.4th 1121.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-2 - Criminal actions; preparation of forms.

The complaint, summons, warrant, final orders on complaints, receipt for fines and costs and receipt for bail in criminal actions in the magistrate court shall be executed on forms provided by the court administrator and approved by the supreme court.
History:
1953 Comp., § 36-7-6.1, enacted by Laws 1973, ch. 204, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422.
22 C.J.S. Criminal Law §§ 321, 324 to 336, 340.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-3 - Criminal actions; disposition of complaint, summons and warrant.

In every criminal action in the magistrate court, the original criminal complaint shall be served on the defendant along with the original summons or warrant in the action. Following service of a warrant, the arresting officer shall complete the returns on the other copies of the warrant. The magistrate shall file and retain the second copy of the complaint and summons or warrant with the completed return.
History:
1953 Comp., § 36-7-7, enacted by Laws 1968, ch. 62, § 87; 1991, ch. 82, § 5.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-7-7, 1953 Comp., relating to defendant not summoned and notice by publication, effective January 1, 1969.
Cross references.
— For filing of original papers with court,
see
Rule 6-201 NMRA.
The 1991 amendment,
effective June 14, 1991, in the third sentence, inserted "and retained", deleted "with his standardized monthly report, and the third copy shall be retained by the magistrate" at the end, and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422.
Private citizen's right to institute mandamus to compel a magistrate or other appropriate official to issue a warrant, or the like, for an arrest, 49 A.L.R.2d 1285.
22 C.J.S. Criminal Law §§ 321, 324 to 336, 340.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-4 - Criminal actions; disposition of final order and fine receipt.

A. Upon disposition of any criminal action in the magistrate court, the magistrate shall complete the final order on criminal complaint and deliver the original to the defendant. Whenever fines or costs are received by a magistrate in any criminal action, he shall complete the criminal fine receipt, require the defendant's acknowledgment of receipt of the form on all copies and deliver the original to the defendant. The magistrate shall file and retain the second copies of the final order and fine receipt.
B. If any person refuses to accept the original fine receipt, the magistrate shall note the circumstances of the refusal on the form.
History:
1953 Comp., § 36-7-8, enacted by Laws 1968, ch. 62, § 88; 1991, ch. 82, § 6.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-7-8, 1953 Comp., relating to time of notice, effective January 1, 1969.
The 1991 amendment,
effective June 14, 1991, in the third sentence in Subsection A, inserted "and retained" and deleted "with his standardized monthly report, and the third copies shall be retained by the magistrate" and, in Subsection B, deleted "and mail the original to the administrative office of the courts for filing with other records of the case" at the end.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-5 - Criminal actions; disposition of bail receipt.

Whenever bail is received in any criminal action, the magistrate or person designated by the magistrate to accept bail shall complete the criminal bail receipt, require the defendant's acknowledgment of receipt of the form on all copies and deliver the original to the defendant. The magistrate shall file the second copy of the bail receipt with his standardized monthly report, and the third copy shall be retained by the magistrate.
History:
1953 Comp., § 36-7-9, enacted by Laws 1968, ch. 62, § 89.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-7-9, 1953 Comp., relating to default judgment, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-6 - Criminal actions; distributions of supplies.

The administrative office of the courts shall:
A. prescribe by regulation the form, size and content of criminal dockets and other forms for use in criminal actions in magistrate courts; and
B. have all forms prescribed by law or by regulation of the administrative office for use in criminal actions reproduced and distribute them to each magistrate court, obtaining receipts for them by serial number.
History:
1953 Comp., § 36-7-10, enacted by Laws 1968, ch. 62, § 90; 1973, ch. 204, § 2.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-7-10, 1953 Comp., relating to dissolution of attachment, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 82, § 15 repealed 35-5-7 NMSA 1978, as enacted by Laws 1968, ch. 62, § 91, relating to unauthorized forms or misuse of forms in criminal actions, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 5 - Magistrate Court; Criminal Actions › Section 35-5-8 - Magistrate court; indigency standard; fee schedule; reimbursement.

A. The magistrate court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence.
B. The magistrate court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent defendants who are financially unable to obtain private counsel.
C. The magistrate court shall order reimbursement from each person who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that he was not indigent according to the standard for indigency adopted by the public defender department.
D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund.
History:
1978 Comp., § 35-5-8, enacted by Laws 1987, ch. 20, § 5.
ANNOTATIONS
Cross references.
— For defense of indigents,
see
31-16-1 to 31-16-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-2 - Magistrate costs; posting of schedule.

The administrative office of the courts shall furnish, and each magistrate shall keep posted at all times in a conspicuous place in his courtroom, a plain and legible:
A. statement of costs required by law to be collected by magistrate courts; and
B. a notice in letters at least two inches high reading as follows: "NOTICE TO PUBLIC -- The magistrate court is required to forthwith give official receipts itemizing all money paid to the court. Secure your receipt when payment is made."
History:
1953 Comp., § 36-8-2, enacted by Laws 1968, ch. 62, § 93; 1991, ch. 82, § 8.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-8-2, 1953 Comp., relating to issuing notice of hearing on exemption claim, effective January 1, 1969.
The 1991 amendment,
effective June 14, 1991, redesignated former Paragraphs (1) and (2) as Subsections A and B; deleted former Subsection B which read "Any magistrate who violates this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace § 2 et seq.
24B C.J.S. Criminal Law §§ 125(3), 421, 1622, 1702, 1770(2); 51 C.J.S. Justices of the Peace §§ 16, 27, 43.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-3 - Magistrate costs; advance payment.

A. Except for parties granted free process because of indigency, any party filing any civil action or requesting services from the magistrate court shall pay in advance the costs required by law to be collected by magistrates.
B. Any person filing a complaint in a criminal action in the magistrate court shall pay in advance the costs required by law to be collected by magistrates, except that no costs shall be collected from a person filing a complaint in a criminal action alleging domestic violence, a campus security officer, a municipal police officer, an Indian tribal or pueblo law enforcement officer or from a full-time, salaried county or state law enforcement officer filing the complaint.
History:
1953 Comp., § 36-8-3, enacted by Laws, 1968, ch. 62, § 94; 1969, ch. 198, § 2; 1977, ch. 164, § 2; 1991, ch. 82, § 9; 1995, ch. 176, § 2.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-8-3, 1953 Comp., relating to service of notice, effective January 1, 1969.
Cross references.
— For costs of criminal processes associated with domestic abuse offenses,
see
40-13-3.1 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, inserted "a person filing a complaint in a criminal action alleging domestic violence" in Subsection B.
The 1991 amendment,
effective June 14, 1991, deleted former Subsection C which read "Except for persons granted free process because of indigency, any magistrate who dockets any civil or criminal action or performs any service without collecting the required costs in advance is guilty of a petty misdemeanor and shall be removed from office."
Scope of department of agriculture exemption.
— No docket fee is to be paid by the state department of agriculture for filing complaints in magistrate courts provided the complaint is filed by a full-time, salaried, county or state law enforcement officer, a campus security officer, an Indian tribal or Pueblo law enforcement officer or a municipal police officer. 1969 Op. Att'y Gen. No. 69-66.
Full-time, salaried county sanitarian is a law enforcement officer
as that term is used here. 1970 Op. Att'y Gen. No. 70-68.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace § 43 et seq.
Power of justice to require payment in advance of fees for trying case, 117 A.L.R. 1393.
24 C.J.S. Criminal Law §§ 408 to 418; 51 C.J.S. Justices of the Peace §§ 4, 16, 23, 27, 43.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-3 - Magistrate costs; advance payment. (Effective July 1, 2024.)

Except for parties granted free process because of indigency, any party filing any civil action or requesting services from the magistrate court shall pay in advance the costs required by law to be collected by magistrates.
History:
1953 Comp., § 36-8-3, enacted by Laws, 1968, ch. 62, § 94; 1969, ch. 198, § 2; 1977, ch. 164, § 2; 1991, ch. 82, § 9; 1995, ch. 176, § 2; 2023, ch. 184, § 13.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed a provision that required, in criminal actions in magistrate court, advance payment of costs, and removed a provision waiving costs for certain agencies; and deleted Subsection B.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-4 - Magistrate costs; witness fees; reimbursement. (Effective July 1, 2024.)

If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant. Fees actually paid by the prevailing party in a civil action in the magistrate court for service of the complaint and summons and for service of subpoenas shall be taxed against the losing party. Witness fees as provided by law for proceedings in the district courts shall be taxed against the losing party in the action, subject to the limitations of the Rules of Civil Procedure for the Magistrate Courts.
History:
1953 Comp., § 36-8-4, enacted by Laws 1968, ch. 62, § 95; 1975, ch. 242, § 4; 1981, ch. 272, § 1; Laws 1983, ch. 134, § 3; 1988, ch. 121, § 3; 2023, ch. 184, § 14.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed the definition of "convicted" and removed provisions related to the collection of certain fees and costs; and deleted Subsection B.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-5 - Magistrate court warrant enforcement fund; fee; administration; use of money in fund.

A. There is created in the state treasury the "magistrate court warrant enforcement fund" to be administered by the administrative office of the courts.
B. Upon issuance of a bench warrant, a magistrate court shall assess a fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant. Money collected pursuant to the fee assessment authorized by this subsection shall be deposited in the magistrate court warrant enforcement fund.
C. All balances in the magistrate court warrant enforcement fund are appropriated to the administrative office of the courts for the primary purpose of employing personnel and purchasing equipment and services to aid in the collection of fines, fees or costs owed to the magistrate courts. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the director of the administrative office of the courts, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the magistrate courts, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the administrative office of the courts.
D. Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts.
E. Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund.
History:
1978 Comp., § 35-6-5, enacted by Laws 1993, ch. 261, § 7.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-5 - Magistrate court warrant enforcement fund; administration; use of money in fund. (Effective July 1, 2024.)

A. There is created in the state treasury the "magistrate court warrant enforcement fund" to be administered by the administrative office of the courts. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978].
B. All balances in the magistrate court warrant enforcement fund are appropriated to the administrative office of the courts for the primary purpose of employing personnel and promoting compliance with court orders. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the director of the administrative office of the courts, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the magistrate courts, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the administrative office of the courts.
C. Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts.
D. Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund.
History:
1978 Comp., § 35-6-5, enacted by Laws 1993, ch. 261, § 7; 2023, ch. 184, § 15.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, eliminated the assessment of a court fee upon issuance of a bench warrant, and revised the source of funds for the magistrate court warrant enforcement fund; in Subsection A, added "the fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act."; deleted former Subsection B and redesignated former Subsections C through E as Subsections B through D, respectively; and in Subsection B, deleted "purchasing equipment and services to aid in the collection of fines, fees or costs owed to the magistrate courts" and added "promoting compliance with court orders".