New Mexico § 38-3-9 - Peremptory challenge to a district judge

§ 38-3-9. Peremptory challenge to a district judge

A party to an action or proceeding, civil or criminal, including proceedings for indirect

criminal contempt arising out of oral or written publications, except actions or proceedings

for constructive and other indirect contempt or direct contempt shall have the right

to exercise a peremptory challenge to the district judge before whom the action or

proceeding is to be tried and heard, whether he be the resident district judge or

a district judge designated by the resident district judge, except by consent of the

parties or their counsel. After the exercise of a peremptory challenge, that district judge shall proceed

no further. Each party to an action or proceeding may excuse only one district judge pursuant

to the provisions of this statute. In all actions brought under the Workmen's Compensation Act ( 52-1-1 to 52-1-69 NMSA 1978 ) [Workers’ Compensation Act], 1 the employer and the insurance carrier of the employer shall be treated as one party

when exercising a peremptory challenge to the judge under this statute. The rights created by this section are in addition to any arising under Article 6 of the constitution of New Mexico . 1

Now Workers' Compensation Act.