Chapter 35 — Chapter 35

There is established the "magistrate court" as a court of limited original jurisdiction within the judicial department of the state government. Personnel of the magistrate court are subject to all laws and regulations applicable to other state offices and agencies and to other st…

There shall be seven magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, 4, 5, 6 and 7 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony on a regularly scheduled basis. History: 1953 Comp., § 36-1-10, enacted by Laws 1968, ch. 62…

There shall be three magistrates in Eddy magistrate district, divisions 1 and 2 in Carlsbad operating as a single court and division 3 in Artesia. History: 1953 Comp., § 36-1-11, enacted by Laws 1968, ch. 62, § 13; 1981, ch. 266, § 5; 1985, ch. 145, § 4.

There shall be two magistrates in Grant magistrate district, division 1 in Silver City and division 2 in Bayard. History: 1953 Comp., § 36-1-12, enacted by Laws 1968, ch. 62, § 14.

There shall be one magistrate in Guadalupe magistrate district whose principal court is in Santa Rosa. History: 1953 Comp., § 36-1-13, enacted by Laws 1968, ch. 62, § 15; 1985, ch. 145, § 5; 2009, ch. 54, § 2.

There shall be one magistrate in Harding magistrate district with a court in Roy. History: 1953 Comp., § 36-1-14, enacted by Laws 1968, ch. 62, § 16.

There shall be one magistrate in Hidalgo magistrate district with a court in Lordsburg. History: 1953 Comp., § 36-1-15, enacted by Laws 1968, ch. 62, § 17.

A. There shall be four magistrates in the Lea magistrate district, divisions 1 and 2 operating as a single court in Hobbs, division 3 in Eunice and division 4 in Lovington. The division 3 magistrate shall ride circuit to Hobbs as needed. B. Magistrate judges shall not be elected …

There shall be two magistrates in Lincoln magistrate district, division 1 in Carrizozo and division 2 in Ruidoso. History: 1953 Comp., § 36-1-17, enacted by Laws 1968, ch. 62, § 19; 1985, ch. 145, § 7.

There shall be one magistrate in Los Alamos magistrate district with a court in Los Alamos. History: 1953 Comp., § 36-1-18, enacted by Laws 1968, ch. 62, § 20.

There shall be one magistrate in Luna magistrate district with a court in Deming. History: 1953 Comp., § 36-1-19, enacted by Laws 1968, ch. 62, § 21.

The magistrate court consists of one magistrate district in each county excepting a class A county with a population of more than two hundred thousand persons in the last federal decennial census. The name of the magistrate district is the same as the name of the county in which …

There shall be three magistrates in McKinley magistrate district, divisions 1, 2 and 3 operating as a single court in Gallup. History: 1953 Comp., § 36-1-20, enacted by Laws 1968, ch. 62, § 22; 1979, ch. 296, § 1; 2009, ch. 54, § 4; 2025, ch. 152, § 3.

There shall be one magistrate in Mora magistrate district with a court in Mora. History: 1953 Comp., § 36-1-21, enacted by Laws 1968, ch. 62, § 23.

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

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.

A. Prior to January 1, 2027, 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. B. Beginning January 1, 2027, there shall be two magistrates i…

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.

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.

precincts. A. There shall be six magistrate divisions in San Juan magistrate district, each division having its own magistrate. Divisions 1, 4 and 6 shall operate as a single court in Aztec and divisions 2, 3 and 5 shall operate as a single court in Farmington. B. Magistrate judg…

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.

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. 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; 2025, ch. 152, § …

Except as otherwise provided by law, magistrates shall be nominated and elected at large within each magistrate district at the primary and general elections. In magistrate districts having more than one magistrate, the separate offices shall be designated by divisions and, in al…

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.

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.

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.

There shall be one magistrate in Torrance magistrate district whose principal court is in Moriarty. History: 1953 Comp., § 36-1-33, enacted by Laws 1968, ch. 62, § 35; 1972, ch. 45, § 2; 1985, ch. 145, § 14; 2025, ch. 152, § 6.

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.

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 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.

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 b…

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.

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., § 36-1-3…

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 magist…

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 …

ANNOTATIONS Repeals. — Laws 1979, ch. 346, § 13, repealed 35-1-4 NMSA 1978, relating to the Bernalillo magistrate district courts, effective July 1, 1980.

There shall be one magistrate in Catron magistrate district whose principal court is in Reserve. History: 1953 Comp., § 36-1-5, enacted by Laws 1968, ch. 62, § 7; 1977, ch. 153, § 1; 1985, ch. 145, § 1; 2017, ch. 8, § 1.

There shall be two magistrates in Chaves magistrate district, divisions 1 and 2 operating as a single court in Roswell. History: 1953 Comp., § 36-1-6, enacted by Laws 1968, ch. 62, § 8; 1982, ch. 101, § 1.

There shall be two magistrates in Cibola magistrate district, divisions 1 and 2 operating as a single court in Grants. History: 1978 Comp., § 35-1-6.1, enacted by Laws 1982, ch. 101, § 2; 1993, ch. 146, § 1.

There shall be two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer. History: 1953 Comp., § 36-1-7, enacted by Laws 1968, ch. 62, § 9; 1975 (S.S.), ch. 13, § 1; 1985, ch. 145, § 2; 1988, ch. 43, § 1; 2009, ch. 54, § 1.

There shall be two magistrates in Curry magistrate district, both divisions operating as a single court in Clovis. History: 1953 Comp., § 36-1-8, enacted by Laws 1968, ch. 62, § 10.

There shall be one magistrate in DeBaca magistrate district with a court in Fort Sumner. History: 1953 Comp., § 36-1-9, enacted by Laws 1968, ch. 62, § 11.

A. Each magistrate shall not be less than twenty-eight years of age at the time of the election and shall be a qualified elector of, and reside in, the magistrate district for which the magistrate is elected or appointed. B. No person is eligible for election or appointment to th…

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.

A. Within fifteen days after each general election, the administrative office of the courts shall notify each apparently successful candidate for the office of magistrate of the requirements for qualification. Within thirty days after election or appointment, each apparently succ…

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 pres…

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.…

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 sha…

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 …

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.