Highest Court
The highest court in New Mexico is the Supreme Court of New Mexico. The Supreme Court consists of 5 justices. It has jurisdiction over (1) Mandatory jurisdiction in civil, criminal administrative agency, disciplinary, original proceeding, and interlocutory decision cases. (2) Discretionary jurisdiction in civil, non-capital criminal, administrative agency, juvenile, and certified questions from federal court cases.
Intermediate Courts
Court of Appeals
The Court of Appeals consists of
10 judges. It has jurisdiction over (1) Mandatory jurisdiction in civil,
non-capital criminal, administrative agency, and juvenile cases. (2) Discretionary
jurisdiction in interlocutory decision cases.
General Courts
District Court
The District Courts consists of
72 judges. It has jurisdiction over (1) Tort, contract, real property
rights, estate, exclusive domestic realtions, mental health, civil appeals,
and miscellaneous civil jurisdiction. (2) Misdemeanor, exclusive triable
felony, and criminal appeals jurisdiction. (3) Exclusive juvenile jurisdiction.
No jury trials are overseen by this court.
Limited Courts
Magistrate Court
The Magistrate Court consists of
61 judges. It has jurisdiction over (1) Tort, contract, and real property
rights. (2) Felony preliminary hearings. (3) Misdemeanor. (4) DWI and other
traffic.
No jury trials are overseen by this court.
Probate Court
The Probate Court consists of 33
judges. It has jurisdiction over (1) Informal probate.
No jury trials are overseen by this court.
Municipal Court
The Municipal Court consists of
85 judges. It has jurisdiction over (1) Traffic and other municipal ordinance
violations.
No jury trials are overseen by this court.
Bernallo County, Metropolitan
Court
The Bernallo County Metropolitan
Court consists of 16 judges. It has jurisdiction over (1) Tort, contract,
and real property rights. (2) Felony preliminary hearings. (3) Misdemeanor.
(4) DWI and other traffic.
No jury trials are overseen by this court.
Additional Information
Probate judge interested or disqualified;
transfer to district court
The probate judge, being interested
or disqualified from acting in a proceeding, may upon his own motion or
that of an interested party enter an order transferring the proceeding
to the district court of that county and direct the probate clerk to send
a certified copy of the order with the original papers and records or certified
copies of the originals to the office of the clerk of said district court.
(N.M. Stat. Ann. 34-7-9)
Judges may issue process and
make rules
Probate court judges have the full
power and authority to issue the processes necessary for the to efficiently
carry out their duties, make and publish rules and order regulating the
business an d practice of their several courts. However, their rules
and orders cannot be inconsistent with the laws of New Mexico. (N.M.
Stat. Ann. 34-7-1)
Metropolitan court; established
A class A county with a population
of more than two hundred thousand people shall have a "metropolitan court."
The metropolitan district court shall be named as the county in which it
is located. (N.M. Stat. Ann. 34-8A-1)
Metropolitan court; indigency
standard; fee schedule; reimbursement.
The metropolitan court shall adopt
from the public defender department: (1) the standard to determine the
indigency of persons accused of crimes carrying a possible jail sentence
(2) a fee schedule adopted by the public defender department when appointing
attorneys to represent defendants who are financially unable to obtain
private counsel. 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 after a determination
is made that he/she is not indigent according to the standard for indigency
adopted by the public defender department. Any amounts recovered
pursuant to this section shall be paid to the state treasurer for credit
to the general fund. (N.M. Stat. Ann. 34-8A-11)
Court automation fund created;
administration; distribution
A Court Automation Fund is created
in the state treasury that is to be administered by the administrative
office of the court. The fund is to be used for service contracts,
purchases, lease-purchases, financing, refinancing, and maintenance of
court automation systems.
(N.M. Stat. Ann. 34-9-10.
Judicial standards commission;
director's duties
The executive director of the judicial
standards commission shall: conduct all investigations requested
by the commission or masters appointed by the commission, enter into contracts
as may be necessary to carry out the responsibilities of the commission,
employ other personnel as necessary for the duties, and perform other duties
as assigned by commission. (N.M. Stat. Ann. 34-10-4)
Judicial education fund created;
administration; income to the fund
The Judicial Education Fund is created
in the state treasure and administered by the Institute of Public Law at
the University of New Mexico Law School. The Judicial Education Fund
may only be used at the appropriation of the legislature. The judicial
education fund consists of judicial education fees levied and collected
pursuant to Sections 35-6-1, 35-7-4, 35-14-11, 66-8-116.3 and 66-8-119
NMSA 1978. (N.M. Stat. Ann. 34-13-1)
Court fees; deposit in the domestic
violence offender treatment fund
In addition to any other fees
collected in the district court, metropolitan court and magistrate court,
those courts shall assess and collect from a person convicted of a penalty
assessment misdemeanor, traffic violation, petty misdemeanor, misdemeanor
or felony offense a "domestic violence offender treatment fee" of five
dollars ($5.00). Domestic violence offender treatment fees shall be deposited
in the domestic violence offender treatment fund. (N.M. Stat. Ann.
34-15-1)
