N.M. Magis. Ct. Manual Appendix 04 – Supreme Court Order 99-8500 – Superintending Control Over Magistrate Court

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

NO. 99-8500

IN THE MATTER OF SUPERINTENDING

CONTROL OVER MAGISTRATE COURTS

ORDER

WHEREAS, effective July 1, 1997, the New Mexico

Legislature repealed NMSA 1978, Sections 35-7-1 and 35-7-2

and enacted a new NMSA 1978, Section 35-7-1, to provide that

magistrate courts shall operate under the direction and

control of the Supreme Court;

WHEREAS, pursuant to said authority this Court hereby

adopts certain existing policies to apply to all magistrate

courts;

WHEREAS, the Administrative Office of the Courts hereby

is authorized to assist this Court in its superintending

control over magistrate courts by providing administrative

and support services;

WHEREAS, an order issued on June 30, 1999, withdrew

policy directive numbered seven (7) as approved on June 15,

1999; and

WHEREAS, the Administrative Office of the Court

recommends vacating the June 30, 1999 order and approving

amended policy directives numbered six (6) and (7), as set

forth herein.

NOW, THEREFORE, IT IS ORDERED that the order issued June

30, 1999, hereby is VACATED; and

IT IS FURTHER ORDERED that the following policies hereby

are adopted to apply to all magistrate courts:

POLICY DIRECTIVES

No. 1: Policy Relating to Acceptance of Personal Checks,

Receipting of Monies Not Readily Identifiable, and

the Receipting of Bail

No. 2: Policy Relating to Audit Exceptions

No. 3: Policy Relating to Overages/Shortages in Monies

Collected

No. 4: Policy Relating to Reporting of Leave Taken by

Magistrates

No. 5: Policy Establishing Presiding Judge

Responsibilities

No. 6: Policy Establishing Mandatory Training Requirements

for Magistrate Court Clerks and Judges

No. 7: Policy Relating to Acceptance of Partial Payments

of Fines and Costs

No. 8: Policy Relating to Leases for Office Space for

Magistrate Courts

No. 9: Policy Relating to Records Inspection Requests

No. 10: Policy Relating to the Use of Volunteers or

Community Service Participants in the Magistrate

Court

IT IS SO ORDERED.

DONE at Santa Fe, New Mexico, this _____ day of July,

1999.

_______________________________

Pamela B. Minzner, Chief Justice

______________________________

Joseph F. Baca, Justice

______________________________

Gene E. Franchini, Justice

______________________________

Patricio M. Serna, Justice

______________________________

Petra Jimenez Maes, Justice