New Mexico § 35-3-7 - Jurisdiction; disqualification of magistrate

§ 35-3-7. Jurisdiction; disqualification of magistrate

A. Whenever a party to any civil or criminal action or proceeding of any kind files

a statement of disqualification, the magistrate's jurisdiction over the cause terminates

immediately. The statement is effective only if filed no later than fifteen days after the date

the answer is filed in a civil action or no later than fifteen days after the date

the defendant is arraigned in a criminal action. B. Upon receipt of a notice of disqualification, the magistrate or clerk of the magistrate

court shall give written notice to the other parties to the action. Upon failure of counsel for all parties to file a stipulation within ten days of

the filing of a statement of disqualification naming another magistrate judge in the

district to try the cause, the presiding magistrate judge of the district shall as

chosen by random selection designate another judge to try the cause. In the event all magistrates in the district are disqualified under the provisions

of this section the disqualified magistrate shall, on the eleventh day thereafter,

certify the fact by letter to the district court of the county in which the action

is pending, and the district court shall designate another magistrate to conduct any

further proceedings. The district court shall send notice of its designation to the parties or their

counsel, to the disqualified magistrate and to the designated magistrate. C. Any magistrate who willfully attempts or presumes to act as magistrate in an action

after disqualification is guilty of a petty misdemeanor and shall be removed from

office.