N.M. R. Child. Ct. 10-161

As amended through November 1, 2024

Rule 10-161 - Designation of children's court judge

A.Assignment of cases. The judge before whom the case is to be tried shall be designated at the time the petition is filed under local district court rule.

B.Procedure for replacing a children's court judge who has been excused or recused. In the event the designated children's court judge has been excused or recused, the clerk of the district court shall assign a district judge of the same judicial district at random, in the same fashion as cases are originally assigned or under local district court rule. If all district court judges in the district have been excused or recused, the clerk of the district court shall immediately notify the chief justice of the Supreme Court of New Mexico, who shall designate a judge, justice, or judge pro tempore to hear all further proceedings.

C.Automatic recusal. If a proceeding is filed in any county of a judicial district in which a judge or employee of the district is a party, a judge from another district shall be designated in accordance with procedures ordered by the chief justice.

D.Excusal of judge appointed by chief judge. Any judge designated by the chief justice may not be excused except under Article VI, Section 18 of the New Mexico Constitution.

N.M. R. Child. Ct. 10-161

Adopted by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. 17-8300-026, effective for all cases pending or filed on or after12/31/2017.

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-026, effective December 31, 2017, removed the provision allowing the parties to file a stipulation agreeing to a judge to preside over a case where a judge or an employee of the same district is a party to that proceeding, provided that in those cases, a judge from another district shall be designated, and added an exception to the prohibition against excusing any judge designated by the chief justice; in Paragraph C, after "district is a party", deleted "no judge of the district may hear the matter without written agreement of the parties. If within ten (10) days after the proceeding is filed, the parties have not filed a stipulation agreeing to a judge within the district to preside over the matter, the clerk shall request the Supreme Court to designate a judge" and added "a judge from another district shall be designated in accordance with procedures ordered by the chief justice"; and in Paragraph D, after "may not be excused", deleted "pursuant to" and added "except under". Compiler's notes. - For comparable district court rule, see Rule 1-088 NMRA.