Rule 8-105 - Designation of judgeA.Appointment of temporary municipal judge. Upon recusal or disqualification of a municipal judge, or if by reason of absence, death, sickness or other cause, a municipal judge is unable or unavailable to perform the duties of the municipal judge, a temporary municipal judge shall be appointed in the manner prescribed by law. If no municipal ordinance shall govern the temporary appointment of a municipal court judge, or if none shall be appointed in accordance with the ordinance, the district court, upon certification of that fact by letter from the municipal court judge or any party, shall designate a qualified elector of the municipality to sit as municipal court judge in the action.B.Transfer of records. After designation of a temporary municipal court judge, whether by ordinance or order of the district court, the disqualified judge shall forthwith send to the designated judge a copy of all proceedings in the action, pay to the designated judge all money received in the action and mark the records filed in the action "transferred by disqualification to" followed by the designated judge's name. The designated judge shall include in the court file a complete copy of the papers transferred by the disqualified judge and shall keep a record of all subsequent proceedings in the same manner as if the action had originally been filed with the designated judge.C.Obtaining records. After designation of a temporary municipal court judge because of the inability or unavailability of the municipal court judge to perform the judge's duties, the designated judge shall take such action as may be necessary to obtain the files in the case, and all proceedings shall thereafter be conducted as if the action had originally been filed with the designated judge.N.M. R. Mun. Ct. P. 8-105
As amended, effective 5/1/2002. ANNOTATIONS The 2002 amendment, effective May 1, 2002, in Paragraph A, substituted "with the ordinance" for "therewith" near the middle of the second sentence; in Paragraph B, substituted "filed in" for "of" near the end of the first sentence and substituted "in the court file a complete copy of the papers transferred by the disqualified judge" for "in his records the copy of proceedings in the action prior to its transfer, including a reference to the name of the disqualified judge". Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 372, 379, 390, 396. Disqualification of judge in proceedings to punish contempt against or involving himself or court of which he is a member, 64 A.L.R.2d 600, 37 A.L.R.4th 1004.