General Provisions

NMSA 1978 ch. 34, art. 1

in effect

NMSA 1978, § 34-1-1 Court sessions to be public

34-1-1. Court sessions to be public 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 to remain so long as they shall observe good order and decorum. Laws 1851, p. 142; C.L. 1865, ch. 27, § 1; C.L. 1884, § 663; C.L. 1897, § 1037; Code 1915, § 1356; C.S. 1929, § 34-103; 1941 Comp., § 16-101; 1953 Comp., § 16-1-1; Laws 1972, ch. 97, § 46.

NMSA 1978, § 34-1-2 [Courts may preserve order and decorum; contempts.]

34-1-2. [Courts may preserve order and decorum; contempts.] 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 circumscribed by the usage of the courts of the United States. Laws 1851, p. 142; C.L. 1865, ch. 27, § 2; C.L. 1884, § 664; C.L. 1897, § 1038; Code 1915, § 1358; C.S. 1929, § 34-105; 1941 Comp., § 16-102; 1953 Comp., § 16-1-2.

NMSA 1978, § 34-1-3 [Sworn answer in contempt proceedings; evidence.]

34-1-3. [Sworn answer in contempt proceedings; evidence.] 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 any controverted point, and the court shall decide such point upon the evidence. Laws 1915, ch. 44, § 1; C.S. 1929, § 34-330; 1941 Comp., § 16-103; 1953 Comp., § 16-1-3.

NMSA 1978, § 34-1-4 [Indirect criminal contempt proceedings; written publication out of court; jury trial; rules of procedure.]

34-1-4. [Indirect criminal contempt proceedings; written publication 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 criminal proceedings shall apply to these proceedings. 1953 Comp., § 16-1-3.1, enacted by Laws 1965, ch. 165, § 1.

NMSA 1978, § 34-1-5 [Judge eligible to hear and determine contempt proceedings.]

34-1-5. [Judge eligible to hear and determine contempt 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. Laws 1941, ch. 106, § 1; 1941 Comp., § 16-104; 1953 Comp., § 16-1-4.

NMSA 1978, § 34-1-6 [Clerks to record orders, make indexes, issue process and keep seal.]

34-1-6. [Clerks to record orders, make indexes, issue process and 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 their respective offices, and affix the seal of office thereto; they shall preserve the seal and other property belonging to their respective offices. Kearny Code, Clerks, § 3; C.L. 1865, ch. 39, § 3; C.L. 1884, § 642; C.L. 1897, § 1005; Code 1915, § 1357; C.S. 1929, § 34-104; 1941 Comp., § 16-105; 1953 Comp., § 16-1-5.

NMSA 1978, § 34-1-7 [Appointment of interpreters and translators.]

34-1-7. [Appointment of interpreters and translators.] 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. Kearny Code, Practice of Law in Civil Suits, § 17; C.L. 1865, ch. 29, § 15; C.L. 1884, § 1849; C.L. 1897, § 2898; Code 1915, § 1359; C.S. 1929, § 34-106; 1941 Comp., § 16-106; 1953 Comp., § 16-1-6.

NMSA 1978, § 34-1-8 [Jurisdiction of courts to enforce federal law restricted.]

34-1-8. [Jurisdiction of courts to enforce federal law restricted.] 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 described in Section 1 hereof [Laws 1947, ch. 43, §1], where the congress of the United States has curtailed, withdrawn or denied the district courts of the United States the right to enforce such statutes, rules or regulations aforesaid. 1941 Comp., § 16-107, enacted by Laws 1947, ch. 43, § 2; 1953 Comp., § 16-1-7.

NMSA 1978, § 34-1-9 Salaries of justices, judges and magistrates

34-1-9. Salaries of justices, judges and magistrates 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 annual salary of a justice of the supreme court. B. The chief judge of: (1) the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of the chief justice of the supreme court; (2) a district court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals; and (3) a metropolitan court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of a district court. C. Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges shall be established as follows: (1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court; (2) a district court judge shall receive an annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals; and (3) a metropolitan court judge shall receive an annual salary that is ninety-five percent of the annual salary of a district court judge. D. The annual salary for magistrates shall be provided by the legislature in an appropriations act. E. No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state. Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall receive per diem and mileage for necessary travel on official business of the court as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. 1978 Comp., § 34-1-9, enacted by Laws 1993, ch. 278, § 1; 2004, ch. 101, § 3; 2007, ch. 170, § 1; 2024, ch. 3, § 1.

NMSA 1978, § 34-1-10 Judicial compensation commission; creation; membership; duties

34-1-10. Judicial compensation commission; creation; 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 composed of five members and one chairperson as follows: (1) the dean of the university of New Mexico school of law, who shall serve as chairperson and vote only in the event of a tie vote; (2) the president of the state bar of New Mexico, or the president's designee; (3) one member appointed by the governor; (4) one member appointed by the president pro tempore of the senate; (5) one member appointed by the speaker of the house of representatives; and (6) one member appointed by the chief justice of the supreme court. C. The initial appointee of the governor shall serve for three years, the initial appointees of the president pro tempore and the speaker of the house shall serve for two years and the initial appointee of the chief justice shall serve for one year. All subsequent appointments shall be made for three-year terms. D. The commission is administratively attached to the administrative office of the courts. Staff and meeting rooms shall be provided by the administrative office of the courts. The commission may employ experts to provide analysis and data upon which to base its recommendations. E. The commission shall meet at the call of the chairperson not less than annually. The meetings shall be open to the public. F. Members of the commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. G. On or before December 1 of each year, the commission shall report to the legislative finance committee and the department of finance and administration its findings and recommendations on salaries for judges and justices. Laws 2005, ch. 85, § 1.

NMSA 1978, § 34-1-11 Electronic services fund; created; purpose; electronic services fee established

34-1-11. Electronic services fund; created; purpose; electronic 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 fund shall be credited to the fund. Balances in the fund shall not revert to the general fund at the end of a fiscal year. B. Money in the fund is subject to appropriation by the legislature to the administrative office of the courts for the purpose of defraying the costs of operating and maintaining electronic filing services and providing public access to electronic documents in appellate, district, metropolitan and magistrate courts, consistent with rules promulgated by the supreme court. C. The supreme court is authorized to establish by rule reasonable electronic services fees to cover the expense of providing electronic services to the public, including electronic document filing, access to electronic documents and ancillary services. D. The administrative office of the courts is authorized to enter into agreements with electronic filing companies to provide electronic services, collect the electronic services fees and remit those fees to the administrative office of the courts. An agreement approved by the supreme court may further allow an electronic filing company to retain a portion of the electronic services fees collected and to remit the remainder of those fees to the administrative office of the courts for deposit in the electronic services fund. E. Disbursements from the electronic services fund shall be made by warrants drawn by the secretary of finance and administration upon vouchers issued and signed by the director of the administrative office of the courts or the director's designee. Laws 2009, ch. 112, § 1.

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