N.M. R. Crim. P. Dist. Ct. 5-105

As amended through November 1, 2024

Rule 5-105 - Designation of judge

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

B.Procedure for replacing a district judge who has been excused or recused. In the event 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 criminal proceeding is filed in any county of a judicial district 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 the state is seeking a search or arrest warrant 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.

N.M. R. Crim. P. Dist. Ct. 5-105

As amended, effective November 15, 2000; as amended by Supreme Court Order No. 17-8300-026, effective for all cases pending or filed on or after December 31, 2017.

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-026, effective December 31, 2017, effective for all cases pending or filed on or after 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 criminal proceeding 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, 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 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". Law reviews. - For annual survey of New Mexico criminal procedure, see 16 N.M.L. Rev. 25 (1986). 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.