Chapter 34 — Chapter 34

There shall be twelve district judges in the fifth judicial district. History: 1953 Comp., § 16-3-3.5, enacted by Laws 1968, ch. 69, § 11; 1973, ch. 301, § 2; 1976, ch. 52, § 1; 1979, ch. 208, § 1; 1984, ch. 111, § 3; 1994, ch. 65, § 1; 1994, ch. 77, § 1; 2006, ch. 99, § 2; 2014,…

There shall be four district judges in the sixth judicial district. History: 1953 Comp., § 16-3-3.6, enacted by Laws 1968, ch. 69, § 12; 1974, ch. 77, § 1; 1983, ch. 129, § 1; 2003, ch. 348, § 2; 2007, ch. 140, § 3; 2020, ch. 40, § 4.

A. There shall be a probate judge in each county of this state, and each county is a probate court district. B. The position of probate judge is a part-time position. History: Kearny Code, Courts and Judicial Powers, § 19; C.L. 1865, ch. 21, § 1; C.L. 1884, § 407; C.L. 1897, § 74…

A. All proceedings transferred from the probate court to the district court shall be docketed as other causes in that court, which court shall exercise the same authority and take the same steps and proceedings as would have otherwise been taken in the probate court. B. If a case…

A. Whenever a probate judge is absent, incapacitated or unable to attend to the probate judge's duties from any cause whatsoever, the probate judge shall enter a notice of unavailability and file the order with the clerk of the probate court; provided that if the judge is unable …

ANNOTATIONS Repeals. — Laws 1978, ch. 159, § 15, effective March 6, 1978, repealed 16-4-15, 1953 Comp. (34-7-12 NMSA 1978), relating to vacancy in the office of probate judge.

A. The supreme court shall promulgate rules to regulate pleading, practice and procedure in the probate courts to simplify and promote the speedy determination of probate. The rules shall not abridge, enlarge or modify the substantive rights of any party. B. The supreme court sha…

Clerks of the probate courts shall receive a filing fee of thirty dollars ($30.00) for each probate case. History: Laws 1923, ch. 29, § 1; C.S. 1929, § 34-406; Laws 1937, ch. 111, § 1; 1941 Comp., § 16-422; 1953 Comp., § 16-4-22; 1961, ch. 16, § 1; 1975, ch. 257, § 8-102; 1993, c…

History: Laws 1923, ch. 29, § 2; C.S. 1929, § 34-407; 1941 Comp., § 16-423; 1953 Comp., § 16-4-23; 1978 Comp., § 34-7-15, repealed by Laws 2023, ch. 44, § 16.

History: Laws 1923, ch. 29, § 4; C.S. 1929, § 34-409; 1941 Comp., § 16-424; 1953 Comp., § 16-4-24; 1978 Comp., § 34-7-16, repealed by Laws 2023, ch. 44, § 16.

The clerk of each probate court shall keep the accounts of the probate court and a record of all warrants issued against the county treasury and for what purpose. History: Laws 1860-1861, p. 80; C.L. 1865, ch. 39, § 20; C.L. 1884, § 417; C.L. 1897, § 755; Code 1915, § 1447; C.S. …

A. All money collected by a probate court in connection with any probate case is public money of the county held in trust until disbursed in accordance with law. B. If a party informs the probate court that distribution to a decedent's estate is required by federal law or other r…

History: Laws 1860-1861, p. 80; C.L. 1865, ch. 39, § 24; C.L. 1884, § 419; C.L. 1897, § 757; Code 1915, § 1449; C.S. 1929, § 34-434; 1941 Comp., § 16-427; 1953 Comp., § 16-4-27; 1978 Comp., § 34-7-19, repealed by Laws 2023, ch. 44, § 16.

A probate judge shall be elected at each general election at which the governor is elected. History: Laws 1851-1852, p. 198; C.L. 1865, ch. 63, § 4; Code 1915, § 1245; C.S. 1929, § 33-4401; 1941 Comp., § 16-402; 1953 Comp., § 16-4-2; 1978 Comp., § 34-7-2; 2023, ch. 44, § 2.

History: Laws 1889, ch. 90, § 42; C.L. 1897, § 2011; Code 1915, § 2309; C.S. 1929, § 47-902; 1941 Comp., § 16-428; 1953 Comp., § 16-4-28; Laws 1975, ch. 257, § 8-103; 1978 Comp., § 34-7-20, repealed by Laws 2023, ch. 44, § 16.

History: Laws 1889, ch. 90, § 43; C.L. 1897, § 2012; Code 1915, § 2310; C.S. 1929, § 47-903; 1941 Comp., § 16-429; 1953 Comp., § 16-4-29; Laws 1975, ch. 257, § 8-104; 1978 Comp., § 34-7-21, repealed by Laws 2023, ch. 44, § 16.

A. Unless otherwise provided by law, the county clerk of each county is designated as the clerk of the probate court in that county and shall have power to appoint deputy clerks of the probate court who shall have full power to perform all the duties of the clerk of the probate c…

History: Laws 1866-1867, ch. 24, § 2; C.L. 1884, § 422; C.L. 1897, § 760; Code 1915, § 1444; C.S. 1929, § 34-429; 1941 Comp., § 16-431; 1953 Comp., § 16-4-31; 1978 Comp., § 34-7-23, repealed by Laws 2023, ch. 44, § 16.

History: Laws 1866-1867, ch. 24, § 3; C.L. 1884, § 423; C.L. 1897, § 761; Code 1915, § 1445; C.S. 1929, § 34-430; 1941 Comp., § 16-432; 1953 Comp., § 16-4-32; 1978 Comp., § 34-7-24, repealed by Laws 2023, ch. 44, § 16.

History: Laws 1866-1867, ch. 24, § 4; C.L. 1884, § 424; C.L. 1897, § 762; Code 1915, § 1446; C.S. 1929, § 34-431; 1941 Comp., § 16-433; 1953 Comp., § 16-4-33; 1978 Comp., § 34-7-25, repealed by Laws 2023, ch. 44, § 16.

The probate courts shall procure and keep a seal with emblems and devices as the supreme court determines. History: Kearny Code, Records and Seals, § 1; C.L. 1865, ch. 93, § 1; C.L. 1884, § 658; C.L. 1897, § 1033; Code 1915, § 1424; C.S. 1929, § 34-402; 1941 Comp., § 16- 404; 195…

A. The probate court shall be located at the county seat unless another location is designated by ordinance of the board of county commissioners. B. The board of county commissioners shall provide adequate quarters for the probate court, including necessary furnishings, equipment…

History: Laws 1869-1870, ch. 51, § 2; 1882, ch. 82, § 1; C.L. 1884, § 16; C.L. 1897, § 750; Code 1915, § 1427; C.S. 1929, § 34-405; 1941 Comp., § 16-406; 1953 Comp., § 16-4-6; 1978 Comp., § 34-7-5, repealed by Laws 2023, ch. 44, § 16.

History: Laws 1887, ch. 66, § 3; C.L. 1897, § 754; Code 1915, § 1437; C.S. 1929, § 34- 418; 1941 Comp., § 16-407; 1953 Comp., § 16-4-7; 1978 Comp., § 34-7-3, repealed by Laws 2023, ch. 44, § 16.

The records, archives, documents and books of the probate court shall be under the charge of the clerk of the probate court in accordance with standards established by the supreme court. The records, archives and documents shall be kept in a separate book maintained for that purp…

A. The probate court shall be open at such times as determined by the clerk of the probate court and published on the county's website. B. The probate judge in each county shall conduct business during those times as necessary for the proper discharge of duties and may set regula…

A. Whenever a probate judge shall, for any reason, be interested or disqualified from acting in any proceeding coming within the jurisdiction of the probate court, the judge shall, upon the judge's own motion or that of any interested party, immediately enter an order transferrin…

There is established within the boundaries of a class A county with a population of more than two hundred fifty thousand persons in the last federal decennial census the "metropolitan court". The name of the metropolitan district is the same as the name of the county in which it …

administration; distribution. A. There is created in the state treasury the "metropolitan court mediation fund" to be administered by the Bernalillo county metropolitan court. B. All balances in the metropolitan court mediation fund are appropriated to the Bernalillo county metro…

reimbursement. A. The metropolitan 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 metropolitan court shall use a fee schedule adopted by the public defender departm…

administration; use of money in fund. A. There is created in the state treasury the "metropolitan court warrant enforcement fund" to be administered by the Bernalillo county metropolitan court. The fund consists of gifts, grants, donations, appropriations and distributions to the…

A judgment and sentence issued by the Bernalillo county metropolitan court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned b…

court. The Bernalillo county metropolitan court shall administer and manage a parking facility adjacent to the Bernalillo county metropolitan court in Albuquerque in accordance with the following provisions: A. parking fees or the rents charged by the Bernalillo county metropolit…

A metropolitan 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 th…

With respect to the provisions of Sections 1 and 26 of Article 6 of the state constitution and all other provisions of law, the metropolitan court shall constitute a state magistrate court which is inferior to the district courts and is established by law pursuant to the provisio…

A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all: (1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which …

A. Metropolitan judges shall be elected as provided in Section 34-8A-4.1 NMSA 1978. The governor shall fill vacancies in the office of metropolitan judge, by appointment of persons who possess the personal qualifications established by law, until the next general election. B. No …

The term of office for each judge of the metropolitan court is four years. Judges shall be appointed, elected and retained in accordance with Article 6 of the constitution of New Mexico. History: 1978 Comp., § 34-8A-4.1, enacted by Laws 1981, ch. 318, § 2; 1988, ch. 115, § 1; 199…

metropolitan court judge pro tempore; compensation. A. The chief metropolitan court judge may appoint a retired metropolitan court judge, with the retired judge's consent, to serve as a special master, an arbitrator or a metropolitan court judge pro tempore, subject to money avai…

A. With respect to civil actions, except for contempt of the metropolitan court, the right to trial by jury exists in all actions in the metropolitan court which are within metropolitan court jurisdiction. Either party to an action may demand trial by jury. The demand shall be ma…

A. The supreme court shall adopt separate rules of procedure for the metropolitan courts. The rules shall provide simple procedures for the just, speedy and inexpensive determination of any metropolitan court action. B. Other than for actions brought pursuant to the Uniform Owner…

A. The metropolitan judges of a metropolitan court shall select and appoint a court administrator who shall supervise all matters relating to the administration of the metropolitan court. The court administrator shall, after his appointment, be directly responsible to and work at…

A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court". B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws an…

ANNOTATIONS Repeals. — Laws 1980, ch. 142, § 11, repealed 34-8A-9 NMSA 1978, as enacted by Laws 1979, ch. 346, § 9, relating to the metropolitan court commission, effective July 1, 1980.

appointment and removal of director by supreme court.] The administrative office of the courts of New Mexico shall be maintained at the seat of the government. It shall be supervised by a director who shall be appointed and subject to removal by the supreme court of New Mexico. H…

distribution. A. There is created in the state treasury a "court automation fund" to be administered by the administrative office of the courts. B. All balances in the court automation fund are appropriated and may be expended for service contracts related to court automation sys…

distribution. A. There is created in the state treasury the "jury and witness fee fund" to be administered by the administrative office of the courts. B. All balances in the jury and witness fee fund may be expended only upon appropriation by the legislature to the administrative…

A. There is created in the state treasury the "language access fund" to be administered by the administrative office of the courts. B. All balances in the language access fund may be expended only upon appropriation by the legislature to the administrative office of the courts fo…

distribution. A. There is created in the state treasury the "municipal court automation fund" to be administered by the administrative office of the courts. B. All balances in the municipal court automation fund may be expended only upon application by a municipality to the admin…

purpose. The "magistrate and metropolitan court capital fund" is created in the state treasury and shall be administered by the administrative office of the courts. The fund shall consist of money transferred to the fund by the New Mexico finance authority or from the court facil…