Metropolitan Courts

NMSA 1978 ch. 34, art. 8A

in effect

NMSA 1978, § 34-8A-1 Metropolitan court; established

34-8A-1. Metropolitan court; established 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 is located. Laws 1979, ch. 346, § 1; 2010, ch. 99, § 1.

NMSA 1978, § 34-8A-2 Metropolitan court; constitution

34-8A-2. Metropolitan court; constitution 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 provisions of Section 1 of Article 6 of the state constitution. Laws 1979, ch. 346, § 2; 1980, ch. 142, § 1.

NMSA 1978, § 34-8A-3 Metropolitan court; jurisdiction

34-8A-3. Metropolitan court; jurisdiction 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 the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations; (2) civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs; and (3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located. B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person has indicated his intent to contest the citation or the person has not paid or answered the citation. C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations. D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations. Laws 1979, ch. 346, § 3; 1980, ch. 142, § 2; 1981, ch. 304, § 2; 1985, ch. 128, § 1; 1987, ch. 111, § 2; 1999, ch. 104, § 1; 2001, ch. 77, § 1.

NMSA 1978, § 34-8A-4 Metropolitan court; judges

34-8A-4. Metropolitan court; judges 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 person shall be eligible for election or appointment to the office of metropolitan judge unless he is a member of the bar of and has practiced in this state for a period of three years. There shall be a chief metropolitan judge of a metropolitan court. The chief metropolitan judge shall designate each metropolitan judge position as a separate and consecutively numbered division, and any additional metropolitan judge authorized within a metropolitan court shall be designated as metropolitan judge of the next consecutive division. A district court judge may designate a metropolitan judge as a special master. Laws 1979, ch. 346, § 4; 1980, ch. 142, § 3; 1981, ch. 11, § 1; 1981, ch. 318, § 1; 1983, ch. 171, § 1; 1984, ch. 115, § 1; 1986, ch. 49, § 6; 1988, ch. 136, § 4; 1989, ch. 283, § 4; 1990, ch. 115, § 4; 1993, ch. 278, § 2.

NMSA 1978, § 34-8A-4.1 Metropolitan court judges; terms of office

34-8A-4.1. Metropolitan court judges; terms of office 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. 1978 Comp., § 34-8A-4.1, enacted by Laws 1981, ch. 318, § 2; 1988, ch. 115, § 1; 1990, ch. 114, § 1; 1997, ch. 180, § 3; 1999 (1st S.S.), ch. 4, § 1; 2005, ch. 284, § 4.

NMSA 1978, § 34-8A-4.2 Appointment as special master, arbitrator or metropolitan court judge pro tempore; compensation

34-8A-4.2. Appointment as special master, arbitrator or 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 available in the metropolitan court operating budget. B. A retired metropolitan court judge shall be compensated for his services in an amount equal to ninety percent of the compensation provided to a district court judge pro tempore. Laws 2002, ch. 40, § 1.

NMSA 1978, § 34-8A-5 Metropolitan court; jury trial

34-8A-5. Metropolitan court; jury trial 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 made in the complaint if made by the plaintiff and in the answer if made by the defendant, and the metropolitan clerk shall collect from the demanding party the jury fee established by law for magistrate juries. If demand is not made pursuant to this subsection, or if the jury fee is not paid at the time demand is made, trial by jury is deemed waived. B. With respect to criminal actions: (1) if the penalty does not exceed ninety days' imprisonment or if the penalty is a fine or forfeiture of a license, the action shall be tried by the judge without a jury; (2) if the penalty exceeds ninety days' but does not exceed six months' imprisonment, either party to the action may demand a trial by jury. The demand shall be made orally or in writing to the court at or before the time of entering a plea or in writing to the court within ten days after the time of entering a plea. If demand is not made pursuant to this subsection, trial by jury is deemed waived; or (3) if the penalty exceeds six months' imprisonment, the case shall be tried by jury unless the defendant waives a jury trial with the approval of the court and the consent of the state. C. Juries in the metropolitan court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence and being duly charged by the judge, the members of the jury shall be kept together until: (1) in civil actions, five members shall agree upon a verdict; (2) in criminal actions, the members unanimously agree upon a verdict; or (3) the members are discharged by the judge. The judge shall give judgment upon any verdict. D. A jury in the metropolitan court consists of six jurors with the same qualifications as jurors in the district court. E. The presiding judge of the metropolitan court shall direct the clerk of the district court to draw and assign to that court the number of qualified jurors the judge deems necessary for one or more jury panels. Upon the receipt of the direction and in the manner prescribed for the selection of district court jurors, the clerk of the district court shall draw at random from the master jury wheel the number of qualified jurors specified. The names of jurors drawn for metropolitan jury service shall be forwarded to the metropolitan court clerk who shall maintain a record of the names and addresses of the prospective jurors. F. Whenever a jury is required, the presiding judge of the metropolitan court shall order the sheriff or a responsible person to summon the persons named on the jury list to appear at the time and place set for trial of the action. If a jury is left incomplete because of failure of jurors to appear, excused absences or disqualification of jurors, a metropolitan judge shall direct the sheriff to summon others to complete the jury. G. No person may be required to remain as a member of a metropolitan court jury panel for longer than six months following qualification as a juror in any year unless the panel is engaged in a trial. Laws 1979, ch. 346, § 5; 1981, ch. 304, § 3.

NMSA 1978, § 34-8A-6 Metropolitan court; rules; appeal

34-8A-6. Metropolitan court; rules; appeal 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-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978], the metropolitan court is a court of record for civil actions. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action may appeal to the court of appeals. The manner and method for the appeal shall be set forth by supreme court rule. C. The metropolitan court is not a court of record for civil actions brought pursuant to the Uniform Owner-Resident Relations Act. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action brought pursuant to the Uniform Owner-Resident Relations Act may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo. D. The metropolitan court is a court of record for criminal actions involving driving while under the influence of intoxicating liquor or drugs or involving domestic violence. A criminal action involving domestic violence means an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978]. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action involving driving while under the influence of intoxicating liquor or drugs or involving domestic violence may appeal to the court of appeals. The manner and method of appeal shall be set forth by supreme court rule. E. The metropolitan court is not a court of record for criminal actions other than driving while under the influence of intoxicating liquor or drugs or domestic violence actions. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action, other than driving while under the influence of intoxicating liquor or drugs or domestic violence action, may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo. F. All judgments rendered in civil actions in the metropolitan court shall be subject to the same provisions of law as those rendered in district court. Laws 1979, ch. 346, § 6; 1980, ch. 142, § 4; 1981, ch. 304, § 4; 1993, ch. 67, § 1; 2019, ch. 281, § 1.

NMSA 1978, § 34-8A-7 Metropolitan court; administration

34-8A-7. Metropolitan court; administration 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 the direction of the presiding judge of the metropolitan court. B. The metropolitan court administrator shall annually prepare and submit a proposed budget approved by the presiding judge of the metropolitan court to the administrative office of the courts. The metropolitan court shall make monthly written reports to the administrative office of the courts as is currently required of all magistrates and shall otherwise comply with the rules and statutes regarding administration except as provided by this act. C. All money for the operation and maintenance of the metropolitan court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers of the presiding judge of the metropolitan court and in accordance with budgets approved by the administrative office of the courts and the state budget division of the department of finance and administration. Laws 1979, ch. 346, § 7; 1980, ch. 142, § 5.

NMSA 1978, § 34-8A-8 Metropolitan court; Bernalillo district

34-8A-8. Metropolitan court; Bernalillo district 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 and regulations applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law. C. There shall be nineteen judges of the Bernalillo county metropolitan court. Laws 1979, ch. 346, § 8; 1980, ch. 142, § 6; 1981, ch. 308, § 1; 1983, ch. 70, § 1; 1988, ch. 115, § 2; 1990, ch. 114, § 2; 1997, ch. 180, § 4; 2005, ch. 284, § 5; 2006, ch. 99, § 6.

NMSA 1978, § 34-8A-10 Metropolitan court mediation fund created; administration; distribution

34-8A-10. Metropolitan court mediation fund created; 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 metropolitan court for payment to metropolitan courts for the purpose of funding and administering voluntary mediation programs established by court rule for the efficient disposition of small claims and specified criminal complaints. Payments shall be made upon certification by the metropolitan courts of eligible amounts as provided in Subsection C of this section. C. Each metropolitan court shall be eligible for a payment in an amount equal to the mediation fees collected by that court and deposited in the metropolitan court mediation fund. D. Payments from the metropolitan court mediation fund shall be made upon vouchers issued and signed by the Bernalillo county metropolitan court administrator upon warrants drawn by the secretary of finance and administration. Laws 1986, ch. 16, § 1; 1989, ch. 245, § 1.

NMSA 1978, § 34-8A-11 Metropolitan court; indigency standard; fee schedule; reimbursement

34-8A-11. Metropolitan court; indigency standard; fee schedule; 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 department when appointing attorneys to represent defendants who are financially unable to obtain private counsel. C. The metropolitan court shall order reimbursement from each person who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that he was not indigent according to the standard for indigency adopted by the public defender department. D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund. 1978 Comp., § 34-8A-11, enacted by Laws 1987, ch. 20, § 4.

NMSA 1978, § 34-8A-12 Metropolitan court warrant enforcement fund; administration; use of money in fund

34-8A-12. Metropolitan court warrant enforcement fund; 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 fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. B. All balances in the metropolitan court warrant enforcement fund are appropriated to the Bernalillo county metropolitan court for the primary purpose of employing personnel and promoting compliance with court orders. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the court, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the court, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the court. C. Payments from the metropolitan court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the Bernalillo county metropolitan court administrator. D. Any balance remaining in the metropolitan court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund. 1978 Comp., § 34-8A-12, enacted by Laws 1993, ch. 261, § 5; 2023, ch. 184, § 8.

NMSA 1978, § 34-8A-13 Collection of fines, fees or costs

34-8A-13. Collection of fines, fees or costs 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 by the court to a public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business. 1978 Comp., § 34-8A-13, enacted by Laws 1993, ch. 261, § 6.

NMSA 1978, § 34-8A-14 Use of parking facility near Bernalillo county metropolitan court

34-8A-14. Use of parking facility near Bernalillo county metropolitan 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 metropolitan court to any public or private tenant or user of the parking facility shall be at rates comparable to parking fees charged in the downtown Albuquerque area for similar parking privileges or rents charged in the downtown Albuquerque area for similar space; B. after payment of all fixed costs related to the parking facility and all costs of operating and maintaining the parking facility, all rents, parking fees and charges collected by the Bernalillo county metropolitan court for the parking facility shall be deposited in the court facilities fund; C. the Bernalillo county metropolitan court shall provide a certified long-term user list and parking fee or rent schedule for the parking facility to the New Mexico finance authority at the end of each fiscal year; D. with the prior written consent of the New Mexico finance authority, the Bernalillo county metropolitan court may sell or otherwise dispose of the parking facility; provided that no sale or disposition of the parking facility shall be for less than the fair market value of the parking facility as determined by an independent real estate appraiser; and E. any money received from the sale or other disposition of the parking facility shall be deposited in the court facilities fund and used for the early redemption of any outstanding bonds issued by the New Mexico finance authority for financing the parking facility adjacent to the Bernalillo county metropolitan court building in Albuquerque. Laws 2000, ch. 5, § 1.

NMSA 1978, § 34-8A-15 Metropolitan court; electronic services fee

34-8A-15. Metropolitan court; electronic services fee 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 the electronic services fund. Laws 2009, ch. 112, § 5.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18534/index.doFetched: 10/20/2026