N.M. Sup. Ct. Order No. 22-8500-004

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

January 20, 2022 2

NO. 22-8500-004 3

IN THE MATTER OF 4

THE EFFECTIVE ADMINISTRATION 5

OF THE MAGISTRATE COURT SYSTEM 6

IN NEW MEXICO 7

ORDER 9

WHEREAS, by Supreme Court Administrative Order No. 19- 8500-001, In 10

the Matter of the Consolidation of Administrative Functions of the District and 11

Magistrate Courts, this Court directed that the administrative functions of all district 12

and magistrate courts shall be consolidated statewide, by judicial district, with the 13

chief judge in each judicial district expected to exercise administrative authority over 14

the district and magistrate courts in the judicial district in accordance with the chief 15

judge’s powers of superintending control as provided under law and by order of this 16

Court; 17

WHEREAS, the chief judge in each judicial district, through the chief judge’s 18

superintending control over magistrate courts in the judicial district, has the power 19

and obligation to oversee the conduct of the magistrate judges in the chief judge’s 20

judicial district, which may include counseling and taking corrective action to 21

address any inappropriate behavior of a magistrate judge; 22

WHEREAS, to assist the chief judges in their ob ligation to exercise 1

supervisory control over the magistrate judges in their respective judicial districts, 2

this Court issued Administrative Order No. 19- 8500-003, In the Matter of the 3

Effective Administration of the Magistrate Court System, on April 12, 2 019, to 4

provide a process for the chief judge in each judicial district to consult with the 5

Magistrate Judges Advisory Committee when, in a chief judge’s discretion, doing 6

so would promote the effective administration of justice; and 7

WHEREAS, the New Mexic o Judicial Council has requested and 8

recommended revisions to clarify the process for consulting with the Magistrate 9

Judges Advisory Committee, and the Court having considered the recommendation 10

and being sufficiently advised, Chief Justice Michael E. Vigi l, Justice C. Shannon 11

Bacon, Justice David K. Thomson, Justice Julie J. Vargas, and Justice Briana H. 12

Zamora concurring; 13

NOW, THEREFORE, IT IS ORDERED that Supreme Court Administrative 14

Order No. 19-8500-003, In the Matter of the Effective Administration of the 15

Magistrate Court System, filed on April 12, 2019, is RESCINDED and replaced with 16

this order; 17

IT IS FURTHER ORDERED that a chief judge who knows that a magistrate 18

judge has committed a violation of the Code of Judicial Conduct that raises a 19

1 substantial question regarding the judge’s honesty, trustworthiness, or fitness as a

2 judge in other respects shall inform the Judicial Standards Commission in

3 accordance with Rule 21-215(A) NMRA;

4 IT IS FURTHER ORDERED that a chief judge who receives information

5 indicating a substantial likelihood that a magistrate judge has committed a violation

6 of the Code of Judicial Conduct that does not raise a substantial question regarding

7 the judge’s honesty, trustworthiness, or fitness as a judge in other respects, shall take

8 appropriate action in the chief judge’s discretion, which may include, but is not

9 limited to, communicating directly with the magistrate judge or that magistrate

10 judge’s supervising judge, referring the matter to the Magistrate Judges Advisory

11 Committee, or reporting the suspected violation to the Judicial Standards

12 Commission. See Rule 21-215(C) NMRA and Committee Commentary, Section 2;

13 IT IS FURTHER ORDERED that a chief judge may refer a magistrate judge

14 in the chief judge’s judicial district to the Magistrate Judges Advisory Committee to

15 assess the magistrate judge’s need for training and mentorship irrespective of

16 whether there may be a substantial likelihood that the magistrate judge committed a

17 violation of the Code of Judicial Conduct or is at risk for doing so in the future;

18 IT IS FURTHER ORDERED that the Magistrate Judges Advisory

19 Committee, whose members are appointed by this Court, shall function in an

advisory capacity to the chief judge in each judicial district to assist the chief judges 1

in counseling and mentoring magistrate judges as deemed appropriate in the 2

discretion of the chief judge; 3

IT IS FURTHER ORDERED that the chief judge in each judicial district shall 4

have the authority to require any magistrate judge within the chief judge’s judicial 5

district to cooperate with the Magistrate Judges Advisory Committee or with a 6

mentor recommended by the Committee; 7

IT IS FURTHER ORDERED that, when a matter is referred to the Magistrate 8

Judges Advisory C ommittee by a chief judge, the C ommittee shall conduct an 9

investigation, meet with the referred magistrate judge in person or by telephone as 10

deemed appropriate by the Committee, and report back to the chief judge with any 11

findings and recommendations made by the Committee; 12

IT IS FU RTHER ORDERED tha t the Administrative Office of the Courts 13

shall distribute updated procedures for the operations of the Magistrate Judges 14

Advisory Committee to reflect that it is the chief judge in each judicial district, rather 15

than the Administrative Office of the Courts, who will consult with, and take action 16

on recommendations of, the Magistrate Judges Advisory Committee. The updated 17

procedures distributed by the Administrative Office of the Courts shall include the 18

1 manner in which referrals are made by a chief judge and the manner in which reports

2 and recommendations are transmitted back to a chief judge; and

3 IT IS FURTHER ORDERED that any recommendations to a chief judge from

4 the Magistrate Judges Advisory Committee may be accepted, rejected, or modified,

5 as deemed appropriate in the discretion of the chief judge who referred the matter to

6 the Committee, when doing so would promote the effective administration of justice

7 in the magistrate courts.

8 IT IS SO ORDERED.

WITNESS, the Honorable Michael E. Vigil, Chief

Justice of the Supreme Court of the State of New

Mexico, and the seal of said Court this 20th day of

January, 2022.