Magistrate Court; Magistrate Administration

NMSA 1978 ch. 35, art. 7

in effect

NMSA 1978, § 35-7-1 Magistrate courts; supervision by the supreme court and the district court in the judicial district in which the court is located

35-7-1. Magistrate courts; supervision by the supreme court and the district court in the judicial district in which the court is located The magistrate courts shall operate under the direction and control of the supreme court and the district court of the judicial district in which the court is located. The district court shall provide administrative support to the magistrate courts, under the supervision of the supreme court. 1978 Comp., § 35-7-1, enacted by Laws 1997, ch. 53, § 1; 2021, ch. 95, § 4.

NMSA 1978, § 35-7-3 Magistrate administration; standardized monthly reports

35-7-3. Magistrate administration; standardized monthly reports Each magistrate court, under the supervision of the district court, shall file a standardized monthly report with the administrative office of the courts not later than the date each month established by the director of the administrative office of the courts. The report shall itemize all fines, forfeitures and costs imposed, received and disbursed by the magistrate during the previous month or indicate that none were imposed, received or disbursed. One copy of the report shall be retained by the magistrate court. The administrative office of the courts shall audit and adjust each report in accordance with the facts and file the reports in its office for a period of five years. 1953 Comp., § 36-9-3, enacted by Laws 1968, ch. 62, § 98; 1979, ch. 160, § 1; 1991, ch. 82, § 10; 2021, ch. 95, § 5.

NMSA 1978, § 35-7-4 Magistrate administration; monthly remittances

35-7-4. Magistrate administration; monthly remittances Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, except for amounts disbursed in accordance with law. The administrative office shall return to each magistrate court a written receipt itemizing all money received. The administrative office shall deposit the amount of all fines and forfeitures with the state treasurer for credit to the current school fund. The administrative office shall deposit the amount of all costs assessed prior to July 1, 2024 and collected on or after July 1, 2024, except all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978, for credit to the general fund. The amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 shall be credited to the metropolitan court mediation fund. 1953 Comp., § 36-9-4, enacted by Laws 1968, ch. 62, § 99; 1979, ch. 160, § 2; 1983, ch. 134, § 4; 1986, ch. 16, § 3; 1990, ch. 57, § 5; 1991, ch. 82, § 11; 1993, ch. 273, § 4; 2009, ch. 245, § 3; 2023, ch. 184, § 16.

NMSA 1978, § 35-7-5 Magistrate administration; public money; commingling; trust fund bank account

35-7-5. Magistrate administration; public money; commingling; trust fund bank account A. All money collected by a magistrate court in connection with civil and criminal actions is public money of the state held in trust by the district court within the same judicial district until disbursed in accordance with law. Public money shall not be commingled with personal funds of the magistrate or any other funds. B. Every district court shall maintain a special trust fund checking account for the magistrate courts in its judicial district in a convenient bank insured by the federal deposit insurance corporation and shall deposit all public money into the account within two banking days after its receipt. 1953 Comp., § 36-9-5, enacted by Laws 1968, ch. 62, § 100; 1979, ch. 160, § 3; 2021, ch. 95, § 6.

NMSA 1978, § 35-7-7 Magistrate administration; conflict of interest

35-7-7. Magistrate administration; conflict of interest No magistrate shall, directly or indirectly: A. buy or be interested in buying any evidence of indebtedness or cause of action for the purpose of bringing any action before any court; B. either before or after suit, lend or advance or procure to be lent or advanced any money or other valuable thing to any person in consideration of, or as a reward or inducement for, placing any cause of action for prosecution or collection in any court; C. operate or be interested in a collection agency; D. with or without suit, collect, attempt to collect or become interested in collecting any claim where he received any commission, percentage, fee or charge other than those allowed by law; E. institute or influence any other person to institute any suit in any magistrate court; F. publish advertising relating to his office; G. operate or be interested in a bail or appeal bond business; or H. serve as surety on any bond posted in any court. 1953 Comp., § 36-9-7, enacted by Laws 1968, ch. 62, § 102; 1991, ch. 82, § 12.

NMSA 1978, § 35-7-9 Magistrate administration; court facilities

35-7-9. Magistrate administration; court facilities The administrative office of the courts shall provide facilities for each magistrate court. Counties and municipalities shall cooperate and assist wherever possible. 1953 Comp., § 36-9-9, enacted by Laws 1968, ch. 62, § 104.

NMSA 1978, § 35-7-10 Magistrate administration; clerical assistants

35-7-10. Magistrate administration; clerical assistants Within appropriations and budgetary limitations, the district court may employ and select clerical assistants for magistrates. 1953 Comp., § 36-9-10, enacted by Laws 1968, ch. 62, § 105; 1972, ch. 45, § 5; 1979, ch. 160, § 4; 2021, ch. 95, § 7.

NMSA 1978, § 35-7-11 Magistrate administration; finances

35-7-11. Magistrate administration; finances Except as otherwise specifically provided by law, all salaries and expenses of the magistrate court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers approved by the chief district judge and in accordance with budgets approved by the state budget division of the department of finance and administration. 1953 Comp., § 36-9-11, enacted by Laws 1968, ch. 62, § 106; 1977, ch. 247, § 149; 2021, ch. 95, § 8.

NMSA 1978, § 35-7-12 Magistrate administration; rules of pleading, practice and procedure

35-7-12. Magistrate administration; rules of pleading, practice and procedure A. The supreme court of New Mexico shall, by rules promulgated by it from time to time, regulate pleading, practice and procedure in judicial proceedings in the magistrate court for the purpose of simplifying and promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify the substantive rights of any litigant. B. The supreme court shall cause all rules to be printed and distributed to all magistrates and to all members of the bar and no rule shall become effective until thirty days after it has been so printed and distributed. 1953 Comp., § 36-9-12, enacted by Laws 1968, ch. 62, § 107.

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