reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 10 - Native American Counseling › Section 33-10-3 - Definitions.

As used in the Native American Counseling Act:
A. "native American" means any person who is descended from or is a member of an American Indian tribe, pueblo or band or is a native Hawaiian or Alaskan native; and
B. "native American religion" means any religion or religious belief that is practiced by a native American, the origin and interpretation of which is from a traditional native American culture or community, and includes the native American church.
History:
Laws 1993, ch. 108, § 1.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 10 - Native American Counseling › Section 33-10-4 - Freedom of worship.

A. Native American religions shall be afforded by the corrections department the same standing and respect as Judeo-Christian religions. The practice of native American religion shall be permitted at each state corrections facility, including women's corrections facilities, to the extent that it does not threaten the reasonable security of the corrections facility.
B. Upon the request of any native American inmate or group of native American inmates, a state corrections facility shall permit access on a regular basis, for at least six consecutive hours per week, to:
(1) native American spiritual advisers;
(2) items and materials used in religious ceremonies provided by the inmate or a spiritual advisor, including cedar, corn husks, corn pollen, eagle and other feathers, sage, sweet grass, tobacco, willow, drums, gourds, lava rock, medicine bundles, bags or pouches, pipes, staffs and other traditional items and materials, except that the sacramental use of peyote by an inmate while incarcerated is prohibited in conformance with the religious and spiritual beliefs and policies of the Native American church; and
(3) a sweat lodge on the grounds of the corrections facility.
C. A secure place at the site of worship in which to store the items and materials used to conduct the religious ceremonies shall be provided. Any native American inmate may possess items and materials used in religious ceremonies as defined in Section 2 Subsection B of this Act [Subsection B of this section] as long as this possession does not threaten the reasonable security of the corrections facility.
D. Native American spiritual advisers shall be afforded by the administration of a state corrections facility the same stature, respect and inmate contact as is afforded the clergy of any Judeo-Christian religion.
E. No native American inmate shall be required to cut his hair if it conflicts with his traditional native American religious beliefs.
History:
Laws 1993, ch. 108, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 11 - Inmate Literacy › Section 33-11-1 - Short title.

Sections 1 through 3 [33-11-1 to 33-11-3 NMSA 1978] of this act may be cited as the "Inmate Literacy Act".
History:
Laws 1988, ch. 78, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1990, ch. 15, § 1 repealed Laws 1988, ch. 78, § 10, which had repealed the Inmate Literacy Act, effective July 1, 1990.
For applicability of Laws 1988, ch. 78,
see
33-2-49 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 11 - Inmate Literacy › Section 33-11-2 - Purpose of act.

The purpose of the Inmate Literacy Act is to require the corrections department to adopt certain regulations to require inmates to meet specified educational levels under certain circumstances.
History:
Laws 1988, ch. 78, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1990, ch. 15, § 1 repealed Laws 1988, ch. 78, § 10, which had repealed the Inmate Literacy Act, effective July 1, 1990.
For applicability of Laws 1988, ch. 78,
see
33-2-49 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-1 - Repealed.

History:
Laws 1994, ch. 16, § 1; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-1 NMSA 1978, as enacted by Laws 1994, ch. 16, § 1, relating to the short title of the Regional Juvenile Services Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-2 - Repealed.

History:
Laws 1994, ch. 16, § 2; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-2 NMSA 1978, as enacted by Laws 1994, ch. 16, § 2, relating to the purpose of the Regional Juvenile Services Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-3 - Repealed.

History:
Laws 1994, ch. 16, § 3; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-3 NMSA 1978, as enacted by Laws 1994, ch. 16, § 3, relating to the regional juvenile services grant fund, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-4 - Repealed.

History:
Laws 1994, ch. 16, § 4; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-4 NMSA 1978, as enacted by Laws 1994, ch. 16, § 4, relating to administration of regional juvenile services grant fund, regulations and disbursements from fund, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-5 - Repealed.

History:
Laws 1994, ch. 16, § 5; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-5 NMSA 1978, as enacted by Laws 1994, ch. 16, § 5, relating to criteria for grant applications, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-6 - Repealed.

History:
Laws 1994, ch. 16, § 6; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-6 NMSA 1978, as enacted by Laws 1994, ch. 16, § 6, relating to the criteria for approval of applications, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 12 - Regional Juvenile Services (Repealed.) › Section 33-12-7 - Repealed.

History:
Laws 1994, ch. 16, § 7; repealed by Laws 2007, ch. 351, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 351, § 3 repealed 33-12-7 NMSA 1978, as enacted by Laws 1994, ch. 16, § 7, relating to expenditure limitation, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-1 - Short title.

This act [33-13-1 to 33-13-8 NMSA 1978] may be cited as the "Inmate Forestry Work Camp Act".
History:
Laws 1998, ch. 57, § 1.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-2 - Definitions.

As used in the Inmate Forestry Work Camp Act:
A. "department" means the corrections department;
B. "forestry division" means the forestry division of the energy, minerals and natural resources department;
C. "program" means the inmate forestry work camp program; and
D. "work camp" means a minimum security facility operated by the department that houses inmates training or working in the program.
History:
Laws 1998, ch. 57, § 2.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-3 - Inmate forestry work camp program; purpose; limitation.

A. The department and the forestry division shall jointly establish the "inmate forestry work camp program" to provide inmate labor for natural resource work planned by the forestry division. The purpose of the program is to use minimum security male and female inmates to work on natural resource projects on public lands, fire suppression and emergency response activities as directed in an emergency declaration issued by the governor.
B. The program is not an inmate-release program pursuant to the provisions of Sections 33-2-43 through 33-2-47 NMSA 1978.
History:
Laws 1998, ch. 57, § 3.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-4 - Inmate eligibility.

The department shall screen and classify applicants for the program. To be eligible, an applicant must meet all of the standards provided in Section 33-2-44 NMSA 1978 and not be serving a sentence for first or second degree murder.
History:
Laws 1998, ch. 57, § 4.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-5 - Work camps.

The department may establish work camps as needed for the custody of inmates participating in the program.
History:
Laws 1998, ch. 57, § 5.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-6 - Inmates not employees.

An inmate participating in the program shall not be considered an employee of the state or of any other person deriving benefits from inmate services pursuant to the program. An inmate participating in the program shall not be covered by the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or be entitled to benefits pursuant to that act, whether on behalf of himself or another person. Inmates participating in the program may be compensated as provided in Section 33-2-26 NMSA 1978.
History:
Laws 1998, ch. 57, § 6.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-7 - Forestry division; interagency cooperation; program participation.

The forestry division shall cooperate with the department in the development and implementation of the program and shall:
A. plan and develop natural resource projects and provide technical direction and supervision for activities carried out by inmates participating in the program;
B. provide instruction in forestry and natural resource issues to inmates participating in the program; and
C. provide direction and instruction in the use of tools and equipment and conduct safety training for inmates participating in the program.
History:
Laws 1998, ch. 57, § 7.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 13 - Inmate Forestry Work Camp › Section 33-13-8 - Inmate forestry work camp fund.

The "inmate forestry work camp fund" is created in the state treasury. All money received by the department or the forestry division from public land management agencies for work performed by inmates in the program shall be deposited in the fund. Money in the fund shall not revert at the end of a fiscal year. Money in the fund is appropriated to the forestry division to administer the program, including acquisition of tools and equipment and expenses incurred by the forestry division or the department in planning and supervising program projects. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the forestry division or his authorized representative.
History:
Laws 1998, ch. 57, § 8.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 57 contained no effective date provision, but, pursuant to N.M. Const. art. IV, § 23, was effective May 20, 1998, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 14 - Telecommunications Services › Section 33-14-1 - Contract to provide inmates with access to telecommunications services in a correctional facility or jail; conditions.

A. A contract to provide inmates with access to telecommunications services in a correctional facility or jail shall be negotiated and awarded to an entity that meets the correctional facility's or jail's technical and functional requirements for services, and that provides the lowest cost of service to inmates or any person who pays for inmate telecommunication services.
B. A contract to provide inmates with access to telecommunications services in a correctional facility or jail shall not include a commission or other payment to the operator of the correctional facility or jail based upon amounts billed by the telecommunications provider for telephone calls made by inmates in the correctional facility or jail.
C. As used in this section:
(1) "correctional facility" means a state correctional facility or a privately operated correctional facility; and
(2) "jail" means a county jail, a municipal jail or a privately operated jail.
History:
Laws 2001, ch. 33, § 1 and Laws 2001, ch. 115, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2001, ch. 33, § 1 and Laws 2001, ch. 115, § 1 enacted identical new sections of law, effective June 15, 2001. Both have been compiled as 33-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 15 - Privately Operated Correctional Facilities Oversight › Section 33-15-1 - Short title.

This act [33-15-1 to 33-15-4 NMSA 1978] may be cited as the "Privately Operated Correctional Facilities Oversight Act".
History:
Laws 2001, ch. 169, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 169, § 5 made the Privately Operated Correctional Facilities Oversight Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 15 - Privately Operated Correctional Facilities Oversight › Section 33-15-2 - Definitions.

As used in the Privately Operated Correctional Facilities Oversight Act:
A. "out-of-state inmate" means a person incarcerated in a privately operated correctional facility within this state who is being incarcerated on behalf of a state other than New Mexico or a governmental entity whose jurisdiction is outside the state of New Mexico. "Out-of-state inmate" does not include a person who is being incarcerated on behalf of an Indian tribe or pueblo whose lands are located wholly or partially within New Mexico, or on behalf of the United States;
B. "privately operated correctional facility" means a correctional facility or jail that has all or substantially all of its security operations performed by persons employed by, or engaged by, a private entity to perform security functions; and
C. "secretary" means the secretary of corrections or his designee.
History:
Laws 2001, ch. 169, § 2.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 169, § 5 made the Privately Operated Correctional Facilities Oversight Act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 15 - Privately Operated Correctional Facilities Oversight › Section 33-15-4 - Classification review of out-of-state inmates in privately operated correctional facilities; assessing a fee.

A. An out-of-state inmate shall not be incarcerated in a privately operated correctional facility in New Mexico unless the privately operated correctional facility is designed to meet or exceed the appropriate classification level for the out-of-state inmate.
B. The operator of a privately operated correctional facility that houses out-of-state inmates shall pay a fee, on a quarterly basis, to the county in which the privately operated correctional facility is located. The amount of the fee shall be a minimum of two dollars ($2.00) per inmate per day for each out-of-state inmate who is incarcerated in the privately operated correctional facility.
History:
Laws 2001, ch. 169, § 4; 2003, ch. 64, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection B, substituted "two dollars ($2.00)" for "seventy-five cents ($0.75)" following "minimum of" in the second sentence.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-1 - Short title.

This act [33-16-1 to 33-16-7 NMSA 1978] may be cited as the "Restricted Housing Act".
History:
Laws 2019, ch. 194, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-2 - Definitions.

As used in the Restricted Housing Act:
A. "correctional facility" means a jail, prison or other detention facility that is used for the confinement of adult or juvenile persons, whether operated by the state or a political subdivision of the state or a private contractor on behalf of the state or a political subdivision of the state;
B. "inmate" means an adult or juvenile person who is under sentence to or confined in a correctional facility;
C. "restricted housing", whether instituted pursuant to disciplinary, administrative, inmate classification or other action, means confinement of an inmate locked in a cell or similar living quarters in a correctional facility for twenty-two or more hours each day without daily, meaningful and sustained human interaction; and
D. "serious mental disability" means:
(1) a serious mental illness, including schizophrenia, psychosis, major depression and bipolar disorder; or
(2) having a significant functional impairment along with a brain injury, organic brain syndrome or intellectual disability.
History:
Laws 2019, ch. 194, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-3 - Restrictions on the use of restricted housing.

A. An inmate who is younger than eighteen years of age shall not be placed in restricted housing.
B. An inmate who is known to be pregnant shall not be placed in restricted housing.
History:
Laws 2019, ch. 194, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-5 - Correctional facilities; transparency and reporting.

A. Every three months, every correctional facility shall:
(1) produce a report that includes:
(a) the age, gender and ethnicity of every inmate who was placed in restricted housing during the previous three months, including every inmate who is in restricted housing at the time the report is produced;
(b) the reason restricted housing was instituted for each inmate listed in the report; and
(c) the dates on which each inmate was placed in and released from restricted housing during the previous three months; and
(2) submit a report prepared in accordance with this subsection to the:
(a) legislature, if the correctional facility is a prison; and
(b) board of county commissioners of the county in which the correctional facility is located, if the facility is a jail.
B. The corrections department shall post to its public website every report produced pursuant to Subsection A of this section.
History:
Laws 2019, ch. 194, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-6 - Private correctional facilities; anticorruption and reporting.

Every three months, every private correctional facility shall submit to the board of county commissioners of the county in which the private correctional facility is located and to the legislature a report of all monetary settlements that were paid to inmates, former inmates or inmates' estates as a result of lawsuits filed by the inmates, former inmates or inmates' estates against the private correctional facility or its employees related to the use of restricted confinement or any other reason.
History:
Laws 2019, ch. 194, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 33 - Correctional Institutions › Article 16 - Restricted Housing › Section 33-16-7 - Reports filed with legislative library.

On the date that a report is submitted to a board of county commissioners pursuant to Section 5 [33-16-5 NMSA 1978] or 6 [33-16-6 NMSA 1978] of the Restricted Housing Act, a copy of the report shall be submitted electronically to the legislative council service library.
History:
Laws 2019, ch. 194, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 194, § 8 made Laws 2019, ch. 194 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-1 - Court sessions to be public.

Except as provided in the Children's Code [Chapter 32A NMSA 1978] and in other laws making specific provisions for exclusion of the public, all courts of this state shall be held openly and publicly, and all persons whatsoever shall be freely admitted to the courts and permitted to remain so long as they shall observe good order and decorum.
History:
Laws 1851, p. 142; C.L. 1865, ch. 27, § 1; C.L. 1884, § 663; C.L. 1897, § 1037; Code 1915, § 1356; C.S. 1929, § 34-103; 1941 Comp., § 16-101; 1953 Comp., § 16-1-1; Laws 1972, ch. 97, § 46.
ANNOTATIONS
Cross references.
— For vesting of judicial power,
see
N.M. Const., art. VI, § 1.
Applicability of common-law procedure.
— The rule of procedure at common law as it existed at the time of our separation from England must govern in the absence of statutory rules of practice.
Territory ex rel. Wade v. Ashenfelter
, 1887-NMSC-013, 4 N.M. (Gild.) 93, 12 P. 879, appeal dismissed, 154 U.S. 493, 14 S. Ct. 1141, 38 L. Ed. 1079 (1893).
Hearings in chambers are to be avoided.
— Courts operate in a forum of full disclosure, and unless there are exceptional reasons, hearings in chambers are to be avoided. 1972 Op. Att'y Gen. No. 72-34.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Place of holding sessions of trial court as affecting validity of its proceedings, 18 A.L.R.3d 572.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-3 - [Sworn answer in contempt proceedings; evidence.]

In all proceedings for contempt of court in the state, the common-law rule discharging the contemnor upon the filing of a sworn answer denying the acts of contempt charged, shall hereafter not be in force, but in any such proceeding evidence may be introduced by both parties upon any controverted point, and the court shall decide such point upon the evidence.
History:
Laws 1915, ch. 44, § 1; C.S. 1929, § 34-330; 1941 Comp., § 16-103; 1953 Comp., § 16-1-3.
ANNOTATIONS
Cross references.
— For applicability of Rules of Evidence to contempt proceedings,
see
Paragraph B of Rule 11-1101 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
17 Am. Jur. 2d Contempt § 204 et seq.
Privilege of defendant in contempt proceeding as to testifying against himself, 54 A.L.R. 1436.
Sufficiency of notice to, or service upon, contemnor's attorney in civil contempt proceedings, 60 A.L.R.2d 1244.
Who may institute civil contempt proceedings, 61 A.L.R.2d 1083.
Admissibility, in contempt proceeding against witness, of evidence of incriminating nature of question as to which witness invoked privilege against self-incrimination, 88 A.L.R.2d 463.
Defense of entrapment in contempt proceedings, 41 A.L.R.3d 418.
17 C.J.S. Contempt § 83 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-7 - [Appointment of interpreters and translators.]

The courts may, from time to time, appoint interpreters and translators to interpret the testimony of witnesses, and to translate any writing necessary to be translated in such courts or causes therein.
History:
Kearny Code, Practice of Law in Civil Suits, § 17; C.L. 1865, ch. 29, § 15; C.L. 1884, § 1849; C.L. 1897, § 2898; Code 1915, § 1359; C.S. 1929, § 34-106; 1941 Comp., § 16-106; 1953 Comp., § 16-1-6.
ANNOTATIONS
Cross references.
— For employment of interpreters in district courts,
see
34-6-19 NMSA 1978.
For interpreter responsibilities,
see
23-111 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Competency of interpreter in court proceedings, 172 A.L.R. 923.
Disqualification, for bias, of one offered as interpreter of testimony, 6 A.L.R.4th 158.
Presence of unauthorized persons during state grand jury proceedings as affecting indictment, 23 A.L.R.4th 397.
Ineffective assistance of counsel: use or nonuse of interpreter at prosecution of foreign language speaking defendant, 79 A.L.R.4th 1102.
21 C.J.S. Courts § 110.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-8 - [Jurisdiction of courts to enforce federal law restricted.]

No court of the state of New Mexico shall have jurisdiction of, or enter any order or decree of any character in any action instituted or attempted to be instituted in the courts of this state, seeking to enforce, directly or indirectly, any federal statute, or rule or regulation described in Section 1 hereof [Laws 1947, ch. 43, §1], where the congress of the United States has curtailed, withdrawn or denied the district courts of the United States the right to enforce such statutes, rules or regulations aforesaid.
History:
1941 Comp., § 16-107, enacted by Laws 1947, ch. 43, § 2; 1953 Comp., § 16-1-7.
ANNOTATIONS
Compiler's notes.
— Laws 1947, ch. 43, § 1, [referred to in 34-1-8 NMSA 1978] reads: "The legislature of the state of New Mexico hereby finds that: (a) the congress of the United States has heretofore authorized, and may hereafter authorize, by congressional act, the courts of the several states to entertain jurisdiction of and enforce causes of action created by or arising from federal statutes, or by rules or regulations of federal regulating bodies or agencies, and
"(b) The congress has no power to require the state courts of the several states to take cognizance of such actions, and
"(c) The congress has from time to time, and may hereafter, withdraw from the courts of the United States jurisdiction to enforce such statutes or rules or regulations aforesaid or to entertain actions for such purpose or to enter judgments or decrees based thereupon, and
"(d) In such event actions to enforce such statutes or rules or regulations aforesaid, or rights or obligations arising therefrom may hereafter be instituted in the courts of this state, burdening and taxing such courts, and placing upon the courts and people of the state the burden and expense of enforcing such federal statutes, rules or regulations, or settling disputes arising therefrom."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 Am. Jur. 2d Courts § 97.
21 C.J.S. Courts § 203 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-10 - Judicial compensation commission; creation; membership; duties.

A. The "judicial compensation commission" is created to recommend salaries for judges of the magistrate courts, metropolitan courts, district courts and courts of appeals and justices of the supreme court.
B. The judicial compensation commission shall be composed of five members and one chairperson as follows:
(1) the dean of the university of New Mexico school of law, who shall serve as chairperson and vote only in the event of a tie vote;
(2) the president of the state bar of New Mexico, or the president's designee;
(3) one member appointed by the governor;
(4) one member appointed by the president pro tempore of the senate;
(5) one member appointed by the speaker of the house of representatives; and
(6) one member appointed by the chief justice of the supreme court.
C. The initial appointee of the governor shall serve for three years, the initial appointees of the president pro tempore and the speaker of the house shall serve for two years and the initial appointee of the chief justice shall serve for one year. All subsequent appointments shall be made for three-year terms.
D. The commission is administratively attached to the administrative office of the courts. Staff and meeting rooms shall be provided by the administrative office of the courts. The commission may employ experts to provide analysis and data upon which to base its recommendations.
E. The commission shall meet at the call of the chairperson not less than annually. The meetings shall be open to the public.
F. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
G. On or before December 1 of each year, the commission shall report to the legislative finance committee and the department of finance and administration its findings and recommendations on salaries for judges and justices.
History:
Laws 2005, ch. 85, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 85 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.
Cross references.
— For salaries of judges and justices,
see
annotations following 34-1-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 1 - General Provisions › Section 34-1-11 - Electronic services fund; created; purpose; electronic services fee established.

A. The "electronic services fund" is created in the state treasury to be administered by the administrative office of the courts. The fund consists of electronic services fees, appropriations, gifts, grants and donations. Interest earned on money in the fund shall be credited to the fund. Balances in the fund shall not revert to the general fund at the end of a fiscal year.
B. Money in the fund is subject to appropriation by the legislature to the administrative office of the courts for the purpose of defraying the costs of operating and maintaining electronic filing services and providing public access to electronic documents in appellate, district, metropolitan and magistrate courts, consistent with rules promulgated by the supreme court.
C. The supreme court is authorized to establish by rule reasonable electronic services fees to cover the expense of providing electronic services to the public, including electronic document filing, access to electronic documents and ancillary services.
D. The administrative office of the courts is authorized to enter into agreements with electronic filing companies to provide electronic services, collect the electronic services fees and remit those fees to the administrative office of the courts. An agreement approved by the supreme court may further allow an electronic filing company to retain a portion of the electronic services fees collected and to remit the remainder of those fees to the administrative office of the courts for deposit in the electronic services fund.
E. Disbursements from the electronic services fund shall be made by warrants drawn by the secretary of finance and administration upon vouchers issued and signed by the director of the administrative office of the courts or the director's designee.
History:
Laws 2009, ch. 112, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 278, § 4 repealed 34-2-2 NMSA 1978, as amended by Laws 1990, ch. 115, § 1, concerning salaries of supreme court justices, effective January 1, 1994. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
34-1-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-3 - [Seal; power to adopt design.]

That the justices of the supreme court be and they are hereby authorized and empowered to adopt a design for the seal of said court.
History:
Laws 1913, ch. 7, § 1; Code 1915, § 1361; C.S. 1929, § 34-201; 1941 Comp., § 16-202; 1953 Comp., § 16-2-2.
ANNOTATIONS
Cross references.
— For affixing and preservation of seal by clerk,
see
34-1-6 NMSA 1978.
For specifications of seal,
see
Rule 23-103 NMRA.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-4 - [Depositing and recording facsimile and description of seal.]

That upon adopting such design, the said justices shall cause a facsimile and description of said design to be deposited and recorded in the office of the secretary of state.
History:
Laws 1913, ch. 7, § 2; Code 1915, § 1362; C.S. 1929, § 34-202; 1941 Comp., § 16-203; 1953 Comp., § 16-2-3.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-5 - Fees; collection by supreme court clerk.

The clerk of the supreme court shall collect the following fees:
A. in all cases docketed in the court, except those in which statutory exemption exists and those in which the court on showing of poverty may, by order, waive the fee, one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be deposited in the court facilities fund; provided that in cases in which a motion to docket and dismiss an appeal is filed for failure to file a statement of the issues, the fee shall be twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund;
B. for one copy of files or a record, ten cents ($.10) per folio and for additional copies ordered at the same time five cents ($.05) per folio;
C. for comparing copies of files or records tendered to him, five cents ($.05) per folio; and
D. for each certificate, one dollar ($1.00).
History:
Laws 1933, ch. 81, § 1; 1941 Comp., § 16-204; 1953 Comp., § 16-2-4; Laws 1992, ch. 111, § 18; 1996, ch. 41, § 1; 1998 (1st S.S.), ch. 6, § 1; 2003, ch. 38, § 1.
ANNOTATIONS
Cross references.
— For the court automation fund,
see
§ 34-9-10 NMSA 1978.
For penalty for public officer's demanding illegal fees,
see
30-23-1 NMSA 1978.
For duties of clerk,
see
12-310 and 23-102 NMRA.
The 2003 amendment,
effective June 20, 2003, in Subsection A deleted "skeleton transcript may be filed for the purpose of a" following "cases in which a" and substituted "dismiss an appeal is filed for failure to file a statement of the issues" for "affirm" following "motion to docket and" near the middle.
The 1998 amendment,
effective July 1, 1998, inserted "and ninety-six dollars ($96.00) of which shall be deposited in the court facilities fund" and "and ten dollars ($10.00) of which shall be deposited in the court facilities fund" in Subsection A.
The 1996 amendment,
effective May 15, 1996, in Subsection A, substituted "one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund" for "one hundred dollars ($100)", inserted "twenty dollars ($20.00)", and added "of which shall be deposited in the court automation fund" at the end of the subsection.
The 1992 amendment,
effective July 1, 1992, added the subsection designations, substituted "one hundred dollars ($100)" for "$20.00" in Subsection A, and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Clerks of Courts § 26.
21 C.J.S. Courts § 242 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-6 - Disposition of fees.

The clerk shall pay such fees into the state treasury to be retained as earnings of the state, except the sum of four dollars ($4.00) in each case docketed, which shall be covered into a suspense fund and which shall be subject to disbursement by the clerk to defray the cost of binding final records in cases.
History:
Laws 1933, ch. 81, § 2; 1941 Comp., § 16-205; 1953 Comp., § 16-2-5; Laws 1974, ch. 29, § 1.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-7 - Supreme court law clerks.

Each justice of the supreme court may employ a law clerk who is a graduate of a law school which meets the standards of accreditation of the American Bar Association. Each law clerk shall serve at the pleasure of the justice who selected him. Supreme court law clerks shall:
A. perform duties as provided by rule of the supreme court;
B. not engage in the private practice of law; and
C. not receive any additional salaries because of the services rendered to the state.
History:
1953 Comp., § 16-2-6, enacted by Laws 1961, ch. 122, § 1; 1973, ch. 187, § 1.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 8, § 14 repealed 34-2-8 NMSA 1978, as amended by Laws 1993, ch. 154, § 1, relating to questions certified to the New Mexico supreme court, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978
NMOneSource.com.
For present comparable provisions,
see
Rules 12-606, 12-607 and 12-608 NMRA, and 39-7-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-9 - Applicants for license to practice law; criminal history information.

A. The supreme court shall require a background investigation of each applicant for admission to the state bar of New Mexico by means of fingerprint checks by the department of public safety and the federal bureau of investigation.
B. The director of the administrative office of the courts shall obtain from the department of public safety and the federal bureau of investigation, at the expense of an applicant for a license to practice law in the state of New Mexico, criminal history information concerning each applicant, using the applicant's fingerprints or other identifying information. The information shall be used only by the supreme court and the board of bar examiners in determining whether to grant the application, and shall not be disseminated to any other person or agency. The information shall be destroyed after the application is granted or denied.
History:
Laws 1997, ch. 198, § 1.
ANNOTATIONS
Cross references.
— For application for admission to the bar,
see
15-104 NMRA.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-10 - Supreme court; electronic services fee.

The clerk of the supreme court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund.
History:
Laws 2009, ch. 112, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-11 - Supreme court law library.

The supreme court shall have the management, control and supervision of the supreme court law library and shall:
A. have the right to prescribe rules for the management and control of the supreme court law library, as in their judgment is fit and proper for the safety, care and custody of the library and its shelving, books, documents and archives and for the convenience and accommodation of the patrons of the library;
B. order and purchase all books for the library for which an appropriation is made;
C. have full and complete management of the financial affairs of the library;
D. meet from time to time, select from opinions of the supreme court and designate to the clerk of the supreme court the opinions that shall be officially reported and published;
E. supervise, amend and correct all syllabi or headnotes for published opinions; and
F. trade, barter and exchange books and periodicals in the supreme court law library for other books and periodicals of equal or similar value.
History:
1978 Comp., § 34-2-11, enacted by Laws 2018, ch. 39, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 39, § 11 made Laws 2018, ch. 39, § 1 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-12 - Payment of accounts.

The secretary of finance and administration shall draw warrants on the state treasurer in payment of all accounts of the supreme court law library that have been audited by the chief justice and justices of the supreme court or their designees, to the extent of the appropriations made for such purposes but for no more.
History:
Laws 1915, ch. 47, § 5; C.S. 1929, § 133-105; 1941 Comp., § 3-706; 1953 Comp., § 4-10-6; Laws 1977, ch. 247, § 16; 1978 Comp., § 18-1-6, recompiled and amended as § 34-2-12 by Laws 2018, ch. 39, § 2.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 2 recompiled and amended former 18-1-6 NMSA 1978 as 34-2-12 NMSA 1978, effective July 1, 2018.
The 2018 amendment,
effective July 1, 2018, made changes to conform with the transfer of authority over the supreme court law library to the supreme court; and after "payment of all accounts", deleted "which shall" and added "of the supreme court law library that", and after "audited by", deleted "said board of trustees" and added "the chief justice and justices of the supreme court or their designees".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-13 - Supreme court law librarian; appointment; duties; bond; prohibitions; fines.

A. The supreme court law library shall be under the care and custody of a librarian who shall be appointed by the supreme court and shall hold office at its pleasure.
B. The librarian shall have the custody and charge of all books, archives, maps, charts, engravings and all other things properly belonging to the library or directed to be deposited in the library.
C. The librarian, before taking office, shall give bond to the state of New Mexico in the sum of two thousand dollars ($2,000), with sufficient surety or sureties, for the faithful performance of the librarian's duties, for the preservation and safe delivery of all property committed to the librarian's care to the librarian's successor and for the faithful paying over of all funds coming into the librarian's hands as librarian. The bond shall be approved by the chief justice of the supreme court and be filed with the clerk of the supreme court.
D. If the librarian permits or allows a person not authorized by rules promulgated by the supreme court to remove a book or other property from the library, the librarian shall be deemed guilty of a misdemeanor, and subject to a fine of ten dollars ($10.00) for every book or other article so removed.
History:
1978 Comp., § 34-2-13, enacted by Laws 2018, ch. 39, § 3.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 39, § 11 made Laws 2018, ch. 39, § 3 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 2 - Supreme Court › Section 34-2-14 - Unlawful removal of property; penalty.

A person not authorized by the rules promulgated by the supreme court who takes from the supreme court law library a book or other property belonging to the library, either with or without the consent of the librarian, shall be deemed guilty of a misdemeanor and subject to a fine of ten dollars ($10.00) for every book or other property so taken; provided that in case of a felonious taking of such book or property, the person guilty thereof shall be punished in the manner and to the extent provided by law for the punishment of those felonies.
History:
Laws 1915, ch. 47, § 10; C.S. 1929, § 133-110; 1941 Comp., § 3-711; 1953 Comp., § 4-10-11; 1978 Comp., § 18-1-10, recompiled and amended as § 34-2-14 by Laws 2018, ch. 39, § 4.
ANNOTATIONS
Recompilations.
— Laws 2018, ch. 39, § 4 recompiled and amended former 18-1-10 NMSA 1978 as 34-2-14 NMSA 1978, effective July 1, 2018.
The 2018 amendment,
effective July 1, 2018, made changes to conform with the transfer of authority over the supreme court law library to the supreme court; added the catchline, "Unlawful removal of property; penalty."; deleted "Any" and added "A"; after "authorized by rules", deleted "and regulations of the board of trustees so to do" and added "promulgated by the supreme court", after "who", deleted "shall take" and added "takes", after "takes from the", added "supreme court law", after "property belonging", deleted "there to" and added "to the library", and after "ten dollars", added "($10.00)".