N.M. R. Crim. P. Metro. Ct. 7-105

As amended through August 23, 2024

Rule 7-105 - Assignment and designation of judges

A.Assignment. The metropolitan court is divided into two divisions: a criminal division and a civil division.

Criminal cases filed in the metropolitan court shall be assigned among the criminal division judges of the metropolitan court as equitably as possible on a random basis. Once a judge is assigned to hear a case that judge shall have sole responsibility for the case and no other judge may take any action on the case except

(1) at arraignment or first appearance;

(2) in cases where the judge has been recused, is excused, or the chief judge has assigned another judge; or

(3) with the approval of the assigned judge, the agreed upon judge, and all of the parties.

B.Reassignment.

(1)Recusal. Upon recusal, the chief judge of the metropolitan court shall assign another judge under these rules to preside over the case.

(2)Excusal. Upon the filing of a notice of excusal, the chief judge of the metropolitan court shall randomly assign another metropolitan court judge to preside over the case.

(3)Certification to district court. If all metropolitan court judges in the district have been excused or have recused themselves, the chief judge of the metropolitan court shall either appoint a pro tem judge in accordance with the provisions of Section 34-8A-4.2 NMSA 1978 or certify by letter to the district court of the county in which the action is pending the fact of such excusal or recusal, and the district court shall designate another judge to conduct any further proceedings. The district court shall send notice of its designation to the parties or their counsel and to the metropolitan court. The chief judge of the metropolitan court also may appoint a pro tem judge or send certification to the district court if the chief judge determines, after consultation with the metropolitan court judges, that such action is appropriate.

C.Subsequent proceedings. All proceedings shall be conducted in the metropolitan court or at another location designated by the chief judge of the metropolitan court. The clerk of the metropolitan court shall continue to be responsible for the court file and shall perform such further duties as may be required.

D.Unavailability of judge. At any time during the pendency of the proceedings if the assigned judge is unavailable, the chief judge may designate another judge to hear any matter. The designated judge may be a pro tem judge. Upon appearance of the designated judge, the parties may move to continue the case until the original judge is available to hear the matter by stipulating to an extension of the time limitations set forth in Rule 7-506 NMRA, or the parties may exercise their rights to excuse the designated judge, including a pro tem judge, under these rules. If any designated judge is excused, the chief judge may designate another judge to preside over the matter.

N.M. R. Crim. P. Metro. Ct. 7-105

As amended, effective 9/1/1989;11/1/1995;5/1/2002; as amended by Supreme Court Order No. 06-8300-024, effective 12/18/2006; as amended by Supreme Court Order No. 15-8300-014, effective for all cases pending or filed on or after12/31/2015; 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 metropolitan court judge has been excused, and removed the ten-day time limit within which a pro tem judge will be assigned to a case in which all metropolitan court judges in the district have been excused or have recused themselves; in Paragraph B, Subparagraph B(2), after "notice of excusal", deleted "the judge or clerk of the court shall give written notice to the parties to the action. Upon the filing of a notice of excusal, the parties or their counsel may agree to another judge of the metropolitan court to preside over the case and this agreement shall be contained in the notice of excusal. If the parties do not file a notice of agreement naming a new judge at the time the excusal is filed, or if the agreed upon judge does not agree to accept the case", and in Subparagraph B(3), after "have recused themselves", deleted "no later than ten (10) days after filing of the last notice of excusal or recusal". The 2015 amendment, approved by Supreme Court Order No. 15-8300-014, effective December 31, 2015, authorized pro tem judges to be designated to hear any matter in a pending case when the assigned judge is unavailable, authorized the parties to exercise their rights to excuse the designated pro tem judge, and made stylistic changes; in Subparagraph B(1), after "another judge", deleted "pursuant to" and added "under"; and in Paragraph D, added the second sentence, and in the third sentence, after "excuse the designated judge", added "including a pro tem judge", and deleted "pursuant to" and added "under". The 2006 amendment, approved by Supreme Court Order No. 06-8300-024, effective December 18, 2006, replaced Paragraph A of the rule with a new Paragraph A; added new Paragraph B; redesignated former Paragraph B as Paragraph C; amended Paragraph C relating to subsequent proceedings to permit proceedings to be conducted at a location other than the metropolitan court and to delete the last sentence that provided for designation of a new judge; deleted former Paragraph C that provided for agreement of the parties on a trial judge; and added a new Paragraph D relating to the unavailability of an assigned judge. The 2002 amendment, effective May 1, 2002, added Paragraph C. The 1995 amendment, effective November 1, 1995, rewrote the rule heading, rewrote Paragraph A, deleted former Paragraph B relating to procedure for replacing a recused judge, and redesignated former Paragraph C as Paragraph B and rewrote that paragraph.

For forms on certificate of excusal or recusal, see Rules 4-102 and 9-102 NMRA. For form on notice of excusal, see Rule 4-103 NMRA. For termination of magistrate judge's jurisdiction upon filing of statement of disqualification, see Section 35-3-7 NMSA 1978. For recusal of magistrate when certain conflicts are present, see Section 35-3-8 NMSA 1978. The procedure prescribed by Rule 7-105 NMRA to designate a judge when an assigned judge is unavailable is permissive and is not the only procedure that may be used to designate another judge when an assigned judge is unavailable. State v. Donahoo, 2006-NMCA-147, 140 N.M. 788, 149 P.3d 104. Rulings by a judge who is not the assigned judge. - Where the assigned judge is unavailable, a co-equal judge, who is not assigned to defendant's case and who is not designated by the parties to preside over the case, has jurisdiction to preside over a portion of the case. State v. Donahoo, 2006-NMCA-147, 140 N.M. 788, 149 P.3d 104.