Magistrate Court; Qualification

NMSA 1978 ch. 35, art. 2

in effect

NMSA 1978, § 35-2-1 Qualification; personal qualifications

35-2-1. Qualification; personal qualifications 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 the office of magistrate unless the person has graduated from high school or has attained the equivalent of a high school education as indicated by possession of a high school equivalency credential issued by the public education department based upon the record made on the high school equivalency credential test. C. In magistrate districts with a population of more than two hundred thousand persons in the last federal decennial census, no person is eligible for election to the office of magistrate unless the person: (1) is a member of the bar of this state and licensed to practice law in this state; or (2) holds the office of magistrate in that district when the federal decennial census is published, as long as there is no break in service. D. In magistrate districts with a population of more than two hundred thousand persons in the last federal decennial census, no person is eligible for appointment to the office of magistrate unless the person is a member of the bar of this state and licensed to practice law in this state. E. A person holding the office of magistrate shall not engage in the private practice of law during tenure in office. 1953 Comp., § 36-2-1, enacted by Laws 1968, ch. 62, § 41; 1979, ch. 7, § 1; 2013, ch. 26, § 1; 2015, ch. 122, § 19; 2025, ch. 37, § 1.

NMSA 1978, § 35-2-2 Qualification; vacancies

35-2-2. Qualification; vacancies 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. 1953 Comp., § 36-2-2, enacted by Laws 1968, ch. 62, § 42.

NMSA 1978, § 35-2-3 Qualification; certificate of magistrate qualification

35-2-3. Qualification; certificate of magistrate qualification 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 successful candidate and each appointee shall file with the administrative office of the courts an application for certificate of magistrate qualification. The application shall be in a form prescribed by the administrative office of the courts and shall include: (1) the oath of office prescribed by the constitution for public officers subscribed to by the applicant; (2) the applicant's certificate of election or appointment; and (3) evidence of the applicant's possession of personal qualifications required by law. B. Each applicant for a certificate of magistrate qualification who has not previously held such a certificate shall attend a qualification training program conducted by the administrative office of the courts as a prerequisite to the issuance of the applicant's first certificate. The administrative office of the courts shall prescribe the content of the qualification training program so as to inform applicants with reference to judicial powers and duties. C. Upon approval of the application and, when required, upon the applicant's attendance at a qualification training program, the administrative office of the courts shall certify the applicant's initial qualification in accordance with the requirements of law by issuing to the applicant a "certificate of magistrate qualification". Each magistrate shall post the certificate in a conspicuous place in the magistrate's courtroom. D. If not sooner suspended or revoked as provided by law, each certificate of magistrate qualification automatically expires at the end of the term to which the magistrate is elected or appointed or when the magistrate's successor in office is qualified, whichever is later. E. Any magistrate who fails to complete the requirements for initial qualification within forty-five days of election or appointment shall be held to have resigned the magistrate's office. The chief district judge shall certify the existence of any magistrate vacancy to the governor and notify the administrative office of the courts. 1953 Comp., § 36-2-3, enacted by Laws 1968, ch. 62, § 43; 2021, ch. 95, § 2.

NMSA 1978, § 35-2-4 Qualification; continuing in office; mandatory training program

35-2-4. Qualification; continuing in office; mandatory training 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 prescribe and conduct annual magistrate training programs designed to inform magistrates with reference to judicial powers and duties and to improve the administration of justice, and shall notify each magistrate of times and places designated for such training programs each year. All officers, agencies and institutions of the state shall cooperate and assist with magistrate training programs upon request of the administrative office. C. Any magistrate who fails to attend and remain present through all proceedings of at least one magistrate training program during any calendar year without being excused as provided in Subsection A shall be held to have resigned his office, and the administrative office shall revoke his certificate of magistrate qualification and certify the existence of the vacancy to the governor. D. Magistrates shall be reimbursed per diem and mileage for one round trip to attend one magistrate training program each year. Per diem and mileage shall be paid as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. 1953 Comp., § 36-2-4, enacted by Laws 1968, ch. 62, § 44; 1971, ch. 7, § 3.

NMSA 1978, § 35-2-5 Qualification; failure to qualify

35-2-5. Qualification; failure to qualify 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. B. No compensation shall be paid to any magistrate for any period of time during which he did not hold a valid certificate of magistrate qualification. 1953 Comp., § 36-2-5, enacted by Laws 1968, ch. 62, § 45.

NMSA 1978, § 35-2-6 Appointment as special master, arbitrator or magistrate judge pro tempore; compensation

35-2-6. Appointment as special master, arbitrator or magistrate 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 shall be: (1) compensated for his services in an amount equal to the hourly salary paid to magistrate judges; and (2) reimbursed for his expenses in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] that apply to nonsalaried public officers. Laws 1997, ch. 114, § 1; 2001, ch. 71, § 1.

NMSA 1978, § 35-2-7 Magistrate courts; authority to conduct a mediation program; training

35-2-7. Magistrate courts; authority to conduct a mediation 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 a probate judge to exercise the authority conferred in Subsection A of this section if the judicial district for the county in which the magistrate court is located has certified that the probate judge is qualified, by training or experience, to conduct the mediation program. C. The supreme court shall enact rules necessary for the implementation of this section. Laws 1999, ch. 110, § 1.

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