N.M. R. Civ. P. Dist. Ct. 1-088

As amended through August 23, 2024

Rule 1-088 - Designation of judge

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

B.Procedure for replacing a district judge who has been excused or recused. Upon the filing of a notice that a district judge has been excused or recused, the clerk shall assign a district judge of another division at random, in the same fashion as cases are originally assigned or pursuant to local district court rule. If all district judges in the district have been excused or recused, the clerk of the district court shall 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 civil proceeding is filed in any county of a judicial district by or against a judge or an employee of the district, a judge from another district shall be designated in accordance with procedures ordered by the chief justice.

D.Designation of temporary judge. If a party is seeking an emergency order or a temporary restraining order under Rule 1-066 NMRA and all of the judges of a judicial district are ineligible to hear the matter or have recused themselves, the clerk shall immediately certify the case to the Supreme Court for designation of a judge to hear all matters in the proceedings until such time as a judge may be agreed upon by the parties or designated in accordance with this rule.

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

F.Departure of judge designated by chief justice; transfer of cases. When a judge designated to serve by the chief justice is no longer a member of the judiciary, the cases assigned to the judge shall remain on the docket of the judge's successor. The new judge may not be excused except under Article VI, Section 18 of the New Mexico Constitution.

N.M. R. Civ. P. Dist. Ct. 1-088

As amended, effective 3/1/2000; as amended by Supreme Court Order No. 09-8300-004, effective 4/8/2009; 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 stipulate to a replacement judge after a district judge has been excused or recused, and removed the provision allowing the parties to file a stipulation designating a judge of a judicial district to preside over a matter where a civil proceeding is filed by or against a judge or an employee of the same district, and provided that in such cases a judge from another district shall be designated; in Paragraph B, deleted "In the event" and added "Upon the filing of a notice that", after "has been excused or recused", deleted "counsel for all parties may agree to a district judge to hear all further proceedings and if that district judge so agrees, the clerk of the district court shall assign the case to such district judge. In the event counsel for all parties do not stipulate upon a district judge to try the case or the district judge upon whom they agree refuses to accept the case, within ten (10) days, or in the event that one party notifies the clerk of the district court in writing that they will be unable to agree on a replacement district judge", and after the second occurrence of "have been excused or recused", deleted "and the counsel for all parties have not agreed within ten (10) days on a judge to hear the case"; and in Paragraph C, after "employee of the district", 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 designating a judge 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". The 2009 amendment, as approved by Supreme Court Order No. 09-8300-004, effective April 8, 2009, added Paragraph F. The 2000 amendment, effective for cases filed on or after March 1, 2000, redesignated former Paragraph C as Paragraph E and added Paragraphs C and D. Law reviews. - For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. - Construction and validity of state provisions governing designation of substitute, pro tempore, or special judge, 97 A.L.R.5th 537.