Chapter 34 — Chapter 34

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 …

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 compo…

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 …

It shall be within the power of each and every presiding offcer [officer] of the several courts of this state, whether of record or not of record, to preserve order and decorum, and for that purpose to punish contempts by reprimand, arrest, fine or imprisonment, being circumscrib…

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…

out of court; jury trial; rules of procedure.] In all proceedings in the district courts for indirect criminal contempt arising out of written publications made out of court, the contemnor shall have the right to a trial by jury. The rules of procedure applicable to other crimina…

proceedings.] The resident judge when not disqualified in the original proceeding and the judge entering any order, judgment or decree shall have jurisdiction to hear and determine any proceeding for contempt arising out of such order, judgment or decree. History: Laws 1941, ch. …

keep seal.] The clerks of the supreme and inferior courts, and of the probate judges, shall seasonably record the judgments, rules, orders and other proceedings of the respective courts and make a complete alphabetical index thereto, issue and attest all processes issuing from th…

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…

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…

A. Justices of the supreme court shall each receive an annual salary of two hundred thirty-two thousand six hundred dollars ($232,600) beginning July 1, 2024. The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more than the…

election of chief justice. A. There shall be five justices of the supreme court. B. In any election where more than one justice is to be nominated or elected for a term of the same length, the officer issuing the election proclamation shall designate as many positions, numbered c…

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 dep…

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 c…

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…

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, eng…

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…

A person who injures, defaces or destroys a book or other property that belongs to the supreme court law library shall forfeit twice the value of that book or property to be sued for and recovered by the state. It shall be the duty of the librarian of the supreme court law librar…

For purposes of the annual appropriation and budgeting process, and notwithstanding any state budget statutes to the contrary, the operations of the supreme court, supreme court building commission and supreme court law library shall be funded and budgeted through a consolidated …

stakeholders; created. A. The supreme court shall establish the "working interdisciplinary network of guardianship stakeholders" to provide ongoing evaluation of New Mexico laws, services and practices related to adult guardianship and conservatorship. B. The network shall consis…

stakeholders; duties. The working interdisciplinary network of guardianship stakeholders shall: A. identify strengths and weaknesses in New Mexico's system of adult guardianship and conservatorship; B. identify the least restrictive decision-making options for alleged incapacitat…

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 comp…

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.

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.,…

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…

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 b…

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. pe…

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 p…

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 administrati…

There is created the "supreme court building commission", which shall consist of the chief justice and justices of the supreme court. History: 1953 Comp., § 6-10-1, enacted by Laws 1967, ch. 214, § 1; 2018, ch. 39, § 7.

The chief justice of the supreme court shall act as chair of the supreme court building commission, and the clerk of the supreme court shall act as secretary for the commission. The secretary shall keep complete records of all commission business and shall approve all vouchers su…

The supreme court building commission has care, custody and control of the supreme court building and its grounds, along with all equipment, furniture and fixtures purchased or used by agencies of the judicial department housed in the building. With respect to this property, the …

membership. A. The "court of appeals building commission" is created within the judicial branch. The court of appeals building commission shall be composed of the chief judge of the court of appeals; the chief clerk of the court of appeals; one member of the supreme court appoint…

The court of appeals building commission shall elect from its membership a chair, a vice chair and a secretary. The chair shall preside at all meetings of the commission and shall sign on behalf of the commission all contracts and necessary papers authorized by the commission. In…

A. The court of appeals building commission has care, custody and control of the court of appeals building and its grounds, along with all court of appeals equipment, furniture and fixtures housed in the building. The court of appeals shall report and record all these assets as r…

ANNOTATIONS Recompilations. — Section 34-4-1 NMSA 1978, relating to the distribution of session laws, has been recompiled as 8-4-6 NMSA 1978.

A. The New Mexico compilation commission shall maintain and update all opinions and decisions of the appellate courts in the master database of the commission and provide them free of charge on its online website. B. The courts shall provide the commission with an electronic copy…

session laws transmitted to congressional library.] The officer or employee of this state having charge of the publication of the public documents hereinafter mentioned shall transmit the same to the librarian of congress for the use of members of congress from New Mexico and oth…

The "court of appeals" of New Mexico consists of ten judges who are nominated and elected in the same manner as justices of the supreme court. No judge of the court of appeals shall be nominated or elected to any other than a judicial office in this state. History: 1953 Comp., § …

No matter on appeal in the supreme court or the court of appeals shall be dismissed for the reason that it should have been docketed in the other court, but it shall be transferred by the court in which it is filed to the proper court. Any transfer under this section is a final d…

Three judges of the court of appeals constitute a quorum for the transaction of business, but not more than three judges shall sit in any matter on appeal. Decisions of the court shall be in writing with the grounds stated, and the result shall be concurred in by at least two jud…

The court of appeals may adopt a design for the seal of the court. Upon adoption, the clerk of the court shall file a facsimile and description of the design in the office of the secretary of state. History: 1953 Comp., § 16-7-12, enacted by Laws 1966, ch. 28, § 12.

The judges of the court of appeals shall meet from time to time, select from opinions of the court of appeals and designate to the clerk of the court of appeals those which should be officially reported and published. The judges shall also supervise, amend and correct all syllabi…

to court of appeals; certification of cases to supreme court. A. The appellate jurisdiction of the supreme court is coextensive with the state and extends to all cases where appellate jurisdiction is not specifically vested by law in the court of appeals. B. In addition to its or…

The clerk of the court of appeals may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for …

At their first meeting in each odd-numbered year, the judges of the court of appeals shall, by majority vote, designate one of their number to serve as chief judge for a term of two years. In the absence of the chief judge, the senior judge present at the seat of government shall…

ANNOTATIONS Repeals. — Laws 1993, ch. 278, § 4 repealed 34-5-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 2, concerning salaries of judges of the court of appeals, effective January 1, 1994. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For pres…

If a vacancy in the membership of the court of appeals other than by expiration of a term shall occur, the governor shall fill the vacancy by appointment of a qualified person to serve until December 31 following the next general election, or for the remainder of the unexpired te…

A. The court of appeals shall employ a clerk and other necessary employees to serve at the pleasure of the court. Employees shall receive compensation established by the court, subject to legislative appropriations. B. Before entering the duties of his office, the clerk shall tak…

A. The clerk of the court of appeals shall collect the following fees: docket fee, twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and one hundred dollars ($100) of which shall be deposited in the court facilities fund ………………………………………………………………