Supreme Court

NMSA 1978 ch. 34, art. 2

in effect

NMSA 1978, § 34-2-1 Supreme court justices; number; election by position; election of chief justice

34-2-1. Supreme court justices; number; election by position; election of chief justice A. There shall be five justices of the supreme court. B. In any election where more than one justice is to be nominated or elected for a term of the same length, the officer issuing the election proclamation shall designate as many positions, numbered consecutively, as there are places to be filled for terms of the same length. Each of these places shall be identified by the position number in all nominations and elections. C. At their first meeting in April of each even-numbered year, the justices of the supreme court shall, by a majority vote, designate one of their number, not appointed, to serve as chief justice. In the absence of the chief justice, the senior justice present at the seat of government shall exercise the powers of chief justice. Seniority shall be determined by the length of present continuous service on the supreme court. In the event of a vacancy in the office of chief justice, the justices shall, by majority vote, designate one of their eligible number to serve for the remainder of the term. Laws 1929, ch. 9, § 1; C.S. 1929, § 34-206; 1941 Comp., § 16-201; 1953 Comp., § 16-2-1; Laws 1969, ch. 115, § 1; 1977, ch. 225, § 1; 2008, ch. 19, § 1.

NMSA 1978, § 34-2-3 [Seal; power to adopt design.]

34-2-3. [Seal; power to adopt design.] That the justices of the supreme court be and they are hereby authorized and empowered to adopt a design for the seal of said court. Laws 1913, ch. 7, § 1; Code 1915, § 1361; C.S. 1929, § 34-201; 1941 Comp., § 16-202; 1953 Comp., § 16-2-2.

NMSA 1978, § 34-2-4 [Depositing and recording facsimile and description of seal.]

34-2-4. [Depositing and recording facsimile and description of seal.] That upon adopting such design, the said justices shall cause a facsimile and description of said design to be deposited and recorded in the office of the secretary of state. Laws 1913, ch. 7, § 2; Code 1915, § 1362; C.S. 1929, § 34-202; 1941 Comp., § 16-203; 1953 Comp., § 16-2-3.

NMSA 1978, § 34-2-5 Fees; collection by supreme court clerk

34-2-5. Fees; collection by supreme court clerk The clerk of the supreme court shall collect the following fees: A. in all cases docketed in the court, except those in which statutory exemption exists and those in which the court on showing of poverty may, by order, waive the fee, one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be deposited in the court facilities fund; provided that in cases in which a motion to docket and dismiss an appeal is filed for failure to file a statement of the issues, the fee shall be twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund; B. for one copy of files or a record, ten cents ($.10) per folio and for additional copies ordered at the same time five cents ($.05) per folio; C. for comparing copies of files or records tendered to him, five cents ($.05) per folio; and D. for each certificate, one dollar ($1.00). Laws 1933, ch. 81, § 1; 1941 Comp., § 16-204; 1953 Comp., § 16-2-4; Laws 1992, ch. 111, § 18; 1996, ch. 41, § 1; 1998 (1st S.S.), ch. 6, § 1; 2003, ch. 38, § 1.

NMSA 1978, § 34-2-6 Disposition of fees

34-2-6. Disposition of fees The clerk shall pay such fees into the state treasury to be retained as earnings of the state, except the sum of four dollars ($4.00) in each case docketed, which shall be covered into a suspense fund and which shall be subject to disbursement by the clerk to defray the cost of binding final records in cases. Laws 1933, ch. 81, § 2; 1941 Comp., § 16-205; 1953 Comp., § 16-2-5; Laws 1974, ch. 29, § 1.

NMSA 1978, § 34-2-7 Supreme court law clerks

34-2-7. Supreme court law clerks Each justice of the supreme court may employ a law clerk who is a graduate of a law school which meets the standards of accreditation of the American Bar Association. Each law clerk shall serve at the pleasure of the justice who selected him. Supreme court law clerks shall: A. perform duties as provided by rule of the supreme court; B. not engage in the private practice of law; and C. not receive any additional salaries because of the services rendered to the state. 1953 Comp., § 16-2-6, enacted by Laws 1961, ch. 122, § 1; 1973, ch. 187, § 1.

NMSA 1978, § 34-2-9 Applicants for license to practice law; criminal history information

34-2-9. Applicants for license to practice law; criminal history information A. The supreme court shall require a background investigation of each applicant for admission to the state bar of New Mexico by means of fingerprint checks by the department of public safety and the federal bureau of investigation. B. The director of the administrative office of the courts shall obtain from the department of public safety and the federal bureau of investigation, at the expense of an applicant for a license to practice law in the state of New Mexico, criminal history information concerning each applicant, using the applicant's fingerprints or other identifying information. The information shall be used only by the supreme court and the board of bar examiners in determining whether to grant the application, and shall not be disseminated to any other person or agency. The information shall be destroyed after the application is granted or denied. Laws 1997, ch. 198, § 1.

NMSA 1978, § 34-2-10 Supreme court; electronic services fee

34-2-10. Supreme court; electronic services fee The clerk of the supreme 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, § 2.

NMSA 1978, § 34-2-11 Supreme court law library

34-2-11. Supreme court law library The supreme court shall have the management, control and supervision of the supreme court law library and shall: A. have the right to prescribe rules for the management and control of the supreme court law library, as in their judgment is fit and proper for the safety, care and custody of the library and its shelving, books, documents and archives and for the convenience and accommodation of the patrons of the library; B. order and purchase all books for the library for which an appropriation is made; C. have full and complete management of the financial affairs of the library; D. meet from time to time, select from opinions of the supreme court and designate to the clerk of the supreme court the opinions that shall be officially reported and published; E. supervise, amend and correct all syllabi or headnotes for published opinions; and F. trade, barter and exchange books and periodicals in the supreme court law library for other books and periodicals of equal or similar value. 1978 Comp., § 34-2-11, enacted by Laws 2018, ch. 39, § 1.

NMSA 1978, § 34-2-12 Payment of accounts

34-2-12. Payment of accounts The secretary of finance and administration shall draw warrants on the state treasurer in payment of all accounts of the supreme court law library that have been audited by the chief justice and justices of the supreme court or their designees, to the extent of the appropriations made for such purposes but for no more. Laws 1915, ch. 47, § 5; C.S. 1929, § 133-105; 1941 Comp., § 3-706; 1953 Comp., § 4-10-6; Laws 1977, ch. 247, § 16; 1978 Comp., § 18-1-6, recompiled and amended as § 34-2-12 by Laws 2018, ch. 39, § 2.

NMSA 1978, § 34-2-13 Supreme court law librarian; appointment; duties; bond; prohibitions; fines

34-2-13. Supreme court law librarian; appointment; duties; bond; prohibitions; fines A. The supreme court law library shall be under the care and custody of a librarian who shall be appointed by the supreme court and shall hold office at its pleasure. B. The librarian shall have the custody and charge of all books, archives, maps, charts, engravings and all other things properly belonging to the library or directed to be deposited in the library. C. The librarian, before taking office, shall give bond to the state of New Mexico in the sum of two thousand dollars ($2,000), with sufficient surety or sureties, for the faithful performance of the librarian's duties, for the preservation and safe delivery of all property committed to the librarian's care to the librarian's successor and for the faithful paying over of all funds coming into the librarian's hands as librarian. The bond shall be approved by the chief justice of the supreme court and be filed with the clerk of the supreme court. D. If the librarian permits or allows a person not authorized by rules promulgated by the supreme court to remove a book or other property from the library, the librarian shall be deemed guilty of a misdemeanor, and subject to a fine of ten dollars ($10.00) for every book or other article so removed. 1978 Comp., § 34-2-13, enacted by Laws 2018, ch. 39, § 3.

NMSA 1978, § 34-2-14 Unlawful removal of property; penalty

34-2-14. Unlawful removal of property; penalty A person not authorized by the rules promulgated by the supreme court who takes from the supreme court law library a book or other property belonging to the library, either with or without the consent of the librarian, shall be deemed guilty of a misdemeanor and subject to a fine of ten dollars ($10.00) for every book or other property so taken; provided that in case of a felonious taking of such book or property, the person guilty thereof shall be punished in the manner and to the extent provided by law for the punishment of those felonies. Laws 1915, ch. 47, § 10; C.S. 1929, § 133-110; 1941 Comp., § 3-711; 1953 Comp., § 4-10-11; 1978 Comp., § 18-1-10, recompiled and amended as § 34-2-14 by Laws 2018, ch. 39, § 4.

NMSA 1978, § 34-2-15 Liability for injury to books or property

34-2-15. Liability for injury to books or property A person who injures, defaces or destroys a book or other property that belongs to the supreme court law library shall forfeit twice the value of that book or property to be sued for and recovered by the state. It shall be the duty of the librarian of the supreme court law library to promptly notify the supreme court of any such offense. Laws 1915, ch. 47, § 11; C.S. 1929, § 133-111; 1941 Comp., § 3-712; 1953 Comp., § 4-10-12; 1978 Comp., § 18-1-11, recompiled and amended as § 34-2-15 by Laws 2018, ch. 39, § 5.

NMSA 1978, § 34-2-16 Consolidated appropriation

34-2-16. Consolidated appropriation For purposes of the annual appropriation and budgeting process, and notwithstanding any state budget statutes to the contrary, the operations of the supreme court, supreme court building commission and supreme court law library shall be funded and budgeted through a consolidated appropriation to the supreme court. 1978 Comp., § 34-2-16, enacted by Laws 2018, ch. 39, § 6.

NMSA 1978, § 34-2-17 Working interdisciplinary network of guardianship stakeholders; created

34-2-17. Working interdisciplinary network of guardianship stakeholders; created A. The supreme court shall establish the "working interdisciplinary network of guardianship stakeholders" to provide ongoing evaluation of New Mexico laws, services and practices related to adult guardianship and conservatorship. B. The network shall consist of the following members appointed by the chief justice of the supreme court in a manner that reflects a geographic balance: (1) one or more members of the judiciary; (2) the secretary of aging and long-term services or the secretary's designee; (3) the executive director of the developmental disabilities planning council or the executive director's designee; (4) the chief executive officer of the interagency behavioral health purchasing collaborative or the chief executive officer's designee; (5) the state auditor or the state auditor's designee; (6) the attorney general or the attorney general's designee; (7) one or more members of the legislature; (8) the chief executive officer of disability rights New Mexico or the chief executive officer's designee; (9) a professional guardian; (10) a professional conservator; (11) a family guardian; (12) a family member, who is not a guardian or conservator, of a protected person; (13) an attorney; (14) a health care provider with experience in working with patients in need of guardianship; (15) one or more members of an Indian nation, tribe or pueblo located wholly or partly in New Mexico; (16) two protected persons; (17) a representative of the administrative office of the courts; (18) a representative of the American association of retired persons; and (19) any other stakeholder the chief justice deems appropriate. C. The chief justice shall appoint the network chair and an executive committee from the network membership. D. After the initial appointments, members shall serve staggered four-year terms and may be reappointed. Initial appointments shall be for terms of at least two years. E. The network shall meet at least four times each year. Members may be reimbursed for travel expenses in accordance with the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. The network shall provide reasonable accommodations to make the meetings accessible to its members. Laws 2021, ch. 128, § 11.

NMSA 1978, § 34-2-18 Working interdisciplinary network of guardianship stakeholders; duties

34-2-18. Working interdisciplinary network of guardianship stakeholders; duties The working interdisciplinary network of guardianship stakeholders shall: A. identify strengths and weaknesses in New Mexico's system of adult guardianship and conservatorship; B. identify the least restrictive decision-making options for alleged incapacitated persons and protected persons under guardianship and conservatorship; C. review national standards on guardianship and conservatorship practices and recommend standards for implementation in New Mexico; D. propose methods of training guardians and conservators in best practices or adopted standards; E. recommend outreach, education and training as needed; and F. serve as an ongoing problem-solving mechanism to enhance the quality of care and quality of life for adults who are or may soon be in the guardianship or conservatorship system. Laws 2021, ch. 128, § 12.

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