Magistrate Court; Establishment; Districts; Election

NMSA 1978 ch. 35, art. 1

in effect

NMSA 1978, § 35-1-1 Magistrate court; establishment

35-1-1. Magistrate court; establishment 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 state officers and employees except where otherwise provided by law. The magistrate court is not a court of record. 1953 Comp., § 36-1-1, enacted by Laws 1968, ch. 62, § 3.

NMSA 1978, § 35-1-2 Magistrate court; districts

35-1-2. Magistrate court; districts 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 it is located. 1953 Comp., § 36-1-2, enacted by Laws 1968, ch. 62, § 4; 1979, ch. 346, § 10.

NMSA 1978, § 35-1-3 Magistrate court; election; terms

35-1-3. Magistrate court; election; terms 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 all appointments to fill vacancies and in all nominations and elections to these offices, candidates shall be designated as appointed or elected to the office of magistrate of a specific division. Magistrates shall be nominated and elected in the 1968 primary and general elections to serve terms from January 1, 1969 until December 31, 1970. Subsequent terms shall be for four years. 1953 Comp., § 36-1-3, enacted by Laws 1968, ch. 62, § 5; 2000, ch. 99, § 1.

NMSA 1978, § 35-1-5 Magistrate court; Catron district

35-1-5. Magistrate court; Catron district There shall be one magistrate in Catron magistrate district whose principal court is in Reserve. 1953 Comp., § 36-1-5, enacted by Laws 1968, ch. 62, § 7; 1977, ch. 153, § 1; 1985, ch. 145, § 1; 2017, ch. 8, § 1.

NMSA 1978, § 35-1-6 Magistrate court; Chaves district

35-1-6. Magistrate court; Chaves district There shall be two magistrates in Chaves magistrate district, divisions 1 and 2 operating as a single court in Roswell. 1953 Comp., § 36-1-6, enacted by Laws 1968, ch. 62, § 8; 1982, ch. 101, § 1.

NMSA 1978, § 35-1-6.1 Magistrate court; Cibola district

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

NMSA 1978, § 35-1-7 Magistrate court; Colfax district

35-1-7. Magistrate court; Colfax district There shall be two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer. 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.

NMSA 1978, § 35-1-8 Magistrate court; Curry district

35-1-8. Magistrate court; Curry district There shall be two magistrates in Curry magistrate district, both divisions operating as a single court in Clovis. 1953 Comp., § 36-1-8, enacted by Laws 1968, ch. 62, § 10.

NMSA 1978, § 35-1-9 Magistrate court; DeBaca district

35-1-9. Magistrate court; DeBaca district There shall be one magistrate in DeBaca magistrate district with a court in Fort Sumner. 1953 Comp., § 36-1-9, enacted by Laws 1968, ch. 62, § 11.

NMSA 1978, § 35-1-10 Magistrate court; Dona Ana district

35-1-10. Magistrate court; Dona Ana district 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. 1953 Comp., § 36-1-10, enacted by Laws 1968, ch. 62, § 12; 1976 (S.S.), ch. 53, § 1; 1985, ch. 145, § 3; 1989, ch. 207, § 1; 1999 (1st S.S.), ch. 4, § 2; 2001, ch. 306, § 1; 2010, ch. 3, § 2; 2014, ch. 73, § 5; 2025, ch. 152, § 1.

NMSA 1978, § 35-1-11 Magistrate court; Eddy district

35-1-11. Magistrate court; Eddy district 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. 1953 Comp., § 36-1-11, enacted by Laws 1968, ch. 62, § 13; 1981, ch. 266, § 5; 1985, ch. 145, § 4.

NMSA 1978, § 35-1-12 Magistrate court; Grant district

35-1-12. Magistrate court; Grant district There shall be two magistrates in Grant magistrate district, division 1 in Silver City and division 2 in Bayard. 1953 Comp., § 36-1-12, enacted by Laws 1968, ch. 62, § 14.

NMSA 1978, § 35-1-13 Magistrate court; Guadalupe district

35-1-13. Magistrate court; Guadalupe district There shall be one magistrate in Guadalupe magistrate district whose principal court is in Santa Rosa. 1953 Comp., § 36-1-13, enacted by Laws 1968, ch. 62, § 15; 1985, ch. 145, § 5; 2009, ch. 54, § 2.

NMSA 1978, § 35-1-14 Magistrate court; Harding district

35-1-14. Magistrate court; Harding district There shall be one magistrate in Harding magistrate district with a court in Roy. 1953 Comp., § 36-1-14, enacted by Laws 1968, ch. 62, § 16.

NMSA 1978, § 35-1-15 Magistrate court; Hidalgo district

35-1-15. Magistrate court; Hidalgo district There shall be one magistrate in Hidalgo magistrate district with a court in Lordsburg. 1953 Comp., § 36-1-15, enacted by Laws 1968, ch. 62, § 17.

NMSA 1978, § 35-1-16 Magistrate court; Lea district

35-1-16. Magistrate court; Lea district 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 at large from the district but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges shall reside in their divisions but shall have district-wide jurisdiction. For the 2010 and subsequent elections, the composition of the divisions for elections and residence purposes is as follows: (1) division 1 is composed of Lea county precincts 23 through 30, 32 and 41 through 43; (2) division 2 is composed of Lea county precincts 33 through 35, 44, 51 through 55 and 61; (3) division 3 is composed of Lea county precincts 20, 22, 31, 36, 62 and 71 through 74; and (4) division 4 is composed of Lea county precincts 2, 3, 10 through 18 and 21. 1953 Comp., § 36-1-16, enacted by Laws 1968, ch. 62, § 18; 1985, ch. 145, § 6; 1992, ch. 71, § 1; 2009, ch. 54, § 3; 2025, ch. 152, § 2.

NMSA 1978, § 35-1-17 Magistrate court; Lincoln district

35-1-17. Magistrate court; Lincoln district There shall be two magistrates in Lincoln magistrate district, division 1 in Carrizozo and division 2 in Ruidoso. 1953 Comp., § 36-1-17, enacted by Laws 1968, ch. 62, § 19; 1985, ch. 145, § 7.

NMSA 1978, § 35-1-18 Magistrate court; Los Alamos district

35-1-18. Magistrate court; Los Alamos district There shall be one magistrate in Los Alamos magistrate district with a court in Los Alamos. 1953 Comp., § 36-1-18, enacted by Laws 1968, ch. 62, § 20.

NMSA 1978, § 35-1-19 Magistrate court; Luna district

35-1-19. Magistrate court; Luna district There shall be one magistrate in Luna magistrate district with a court in Deming. 1953 Comp., § 36-1-19, enacted by Laws 1968, ch. 62, § 21.

NMSA 1978, § 35-1-20 Magistrate court; McKinley district

35-1-20. Magistrate court; McKinley district There shall be three magistrates in McKinley magistrate district, divisions 1, 2 and 3 operating as a single court in Gallup. 1953 Comp., § 36-1-20, enacted by Laws 1968, ch. 62, § 22; 1979, ch. 296, § 1; 2009, ch. 54, § 4; 2025, ch. 152, § 3.

NMSA 1978, § 35-1-21 Magistrate court; Mora district

35-1-21. Magistrate court; Mora district There shall be one magistrate in Mora magistrate district with a court in Mora. 1953 Comp., § 36-1-21, enacted by Laws 1968, ch. 62, § 23.

NMSA 1978, § 35-1-22 Magistrate court; Otero district

35-1-22. Magistrate court; Otero district There shall be two magistrates in Otero magistrate district, divisions 1 and 2 operating as a single court in Alamogordo. 1953 Comp., § 36-1-22, enacted by Laws 1968, ch. 62, § 24; 1985, ch. 145, § 8.

NMSA 1978, § 35-1-23 Magistrate court; Quay district

35-1-23. Magistrate court; Quay district There shall be one magistrate in Quay magistrate district whose principal court is in Tucumcari. 1953 Comp., § 36-1-23, enacted by Laws 1968, ch. 62, § 25; 1985, ch. 145, § 9; 2009, ch. 54, § 5.

NMSA 1978, § 35-1-24 Magistrate court; Rio Arriba district

35-1-24. Magistrate court; Rio Arriba district 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 in Rio Arriba magistrate district, divisions 1 and 2 operating as a single court in Espanola. The magistrates shall ride circuit to Tierra Amarilla as needed. 1953 Comp., § 36-1-24, enacted by Laws 1968, ch. 62, § 26; 1985, ch. 145, § 10; 1993, ch. 345, § 1; 2025, ch. 152, § 4.

NMSA 1978, § 35-1-25 Magistrate court; Roosevelt district

35-1-25. Magistrate court; Roosevelt district There shall be one magistrate in Roosevelt magistrate district with a court in Portales. 1953 Comp., § 36-1-25, enacted by Laws 1968, ch. 62, § 27.

NMSA 1978, § 35-1-26 Magistrate court; Sandoval district

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. 1953 Comp., § 36-1-26, enacted by Laws 1968, ch. 62, § 28; 2005, ch. 284, § 6.

NMSA 1978, § 35-1-27 Magistrate court; San Juan district election division precincts

35-1-27. Magistrate court; San Juan district election division 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 judges shall not be elected at large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges may reside anywhere within the magistrate district and shall have district-wide jurisdiction. The composition of the divisions for elections purposes is: (1) division 1 is composed of San Juan county precincts 41, 48, 55, 57, 58, 60 through 67 and 72; (2) division 2 is composed of San Juan county precincts 1 through 7, 20, 21, 23, 24 and 50; (3) division 3 is composed of San Juan county precincts 28, 31, 32, 38 through 40, 42 through 44, 46, 47, 49 and 59; (4) division 4 is composed of San Juan county precincts 8 through 19, 52, 53, 71 and 77; (5) division 5 is composed of San Juan county precincts 22, 25 through 27, 29, 30, 33 through 37, 45 and 51; and (6) division 6 is composed of San Juan county precincts 54, 56, 68 through 70 and 73 through 76. 1953 Comp., § 36-1-27, enacted by Laws 1968, ch. 62, § 29; 1982, ch. 101, § 3; 1999 (1st S.S.), ch. 4, § 3; 2000, ch. 99, § 2; 2001 (1st S.S.), ch. 2, § 1; 2005, ch. 284, § 7; 2007, ch. 140, § 4; 2013, ch. 89, § 1.

NMSA 1978, § 35-1-28 Magistrate court; San Miguel district

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. 1953 Comp., § 36-1-28, enacted by Laws 1968, ch. 62, § 30; 1985, ch. 145, § 11.

NMSA 1978, § 35-1-29 Magistrate court; Santa Fe district

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. 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, § 5.

NMSA 1978, § 35-1-30 Magistrate court; Sierra district

35-1-30. Magistrate court; Sierra district There shall be one magistrate in Sierra magistrate district with a court in Truth or Consequences. 1953 Comp., § 36-1-30, enacted by Laws 1968, ch. 62, § 32.

NMSA 1978, § 35-1-31 Magistrate court; Socorro district

35-1-31. Magistrate court; Socorro district There shall be one magistrate in Socorro magistrate district with a court in Socorro. 1953 Comp., § 36-1-31, enacted by Laws 1968, ch. 62, § 33.

NMSA 1978, § 35-1-32 Magistrate court; Taos district

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. 1953 Comp., § 36-1-32, enacted by Laws 1968, ch. 62, § 34; 1972, ch. 45, § 1; 1985, ch. 145, § 13; 2017, ch. 8, § 2.

NMSA 1978, § 35-1-33 Magistrate court; Torrance district

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

NMSA 1978, § 35-1-34 Magistrate court; Union district

35-1-34. Magistrate court; Union district There shall be one magistrate in Union magistrate district with a court in Clayton. 1953 Comp., § 36-1-34, enacted by Laws 1968, ch. 62, § 36.

NMSA 1978, § 35-1-35 Magistrate court; Valencia district

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. 1953 Comp., § 36-1-35, enacted by Laws 1968, ch. 62, § 37; 1972, ch. 45, § 3; 1982, ch. 101, § 4; 1992, ch. 30, § 1.

NMSA 1978, § 35-1-36.1 Magistrate court; compensation

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. 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.

NMSA 1978, § 35-1-37 Magistrate court; presiding magistrate

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. 1953 Comp., § 36-1-37, enacted by Laws 1968, ch. 62, § 39; 1999, ch. 95, § 1; 2021, ch. 95, § 1.

NMSA 1978, § 35-1-38 Magistrate court; justices of the peace abolished; transfer

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. 1953 Comp., § 36-1-38, enacted by Laws 1968, ch. 62, § 40.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18535/index.doFetched: 10/20/2026