N.M. Sup. Ct. Order No. 22-8500-005

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

January 20, 2022 2

NO. 22-8500-005 3

IN THE MATTER OF THE DUTIES OF 4

THE PRESIDING MAGISTRATE JUDGE 5

IN THE MAGISTRATE COURTS IN 6

NEW MEXICO 7

ORDER 9

WHEREAS, by Supreme Court Administrative Order No. 22-8500-004, this 10

Court clarified the process for the chief judge in each judicial district for consultation 11

with the Magistra te Judges Advisory Committee in exercise of the chief judge’s 12

superintending control over magistrate courts in the judicial district and the chief 13

judge’s obligation to oversee the conduct of the magistrate judges in the chief judge’s 14

judicial district; and 15

WHEREAS, the New Mexico Judicial Council has requested and 16

recommended revisions to clarify presiding magistrate judge duties, and the Court 17

having considered the recommendation and being sufficiently advised, Chief Justice 18

Michael E. Vigil, Justice C. Shannon Bacon, Justice David K. Thomson, Justice Julie 19

J. Vargas, and Justice Briana H. Zamora concurring; 20

NOW, THEREFORE, IT IS ORDERED that a presiding judge, designee, or 1

the judge in a single-judge magistrate court shall comply with the follow ing 2

responsibilities: 3

1. The presiding magistrate j udge shall p rovide leadership for the 4

magistrate court and serve as the intermediary between the court over which the 5

judge presides and the chief judge of the judicial district; 6

2. The presiding magistrate judge shall report any questions or concerns 7

regarding the ma nagement and operation of the court to the chief judge, chief 8

executive officer (CEO), or deputy CEO of the judicial district; 9

3. The presiding magistrate judge shall implement and monitor 10

compliance with all policies, rules, and procedures established by the district c ourt 11

and the Supreme Court, as directed by the chief judge, CEO, or deputy CEO of the 12

judicial district; 13

4. The presiding magistrate judge shall counsel and assist associate judges 14

in the performance of their responsibilities in the administration of the court, assist 15

associate judges in their initial orientation to the bench, and encourage participation 16

in all continuing education and training programs provided for members of the court, 17

as directed by the chief judge; 18

5. The presiding magistrate judge may call and preside over meetings of 1

the court, and attend district court meetings, as required by the chief judge; 2

6. The presiding magistrate judge shall confer and communicate with 3

associate judges and court staff to propose new and amended local rules and internal 4

policies and procedures for the conduct of the court’s business, supervise the 5

enforcement of these rules, and recommend changes to the chief judge; 6

7. The presiding magistrate judge shall monitor the court manager’s 7

evaluation of subordinate staff, and monitor the court manager’s performance and 8

provide information to the chief judge, or designee, regarding that performance, as 9

appropriate or when requested by the chief judge or designee; 10

8. The presiding magistrate judge shall supervise court compliance with 11

the policies and procedures of the AOC, and act as the primary signatory for checks 12

issued by the magistrate court and end-of-month financial reports, in accordance 13

with NMSA 1978, Section 35-7-3; 14

9. The presiding magistrate judge shall collaborate in the collection of 15

statistical data and the management of information systems, pursuant to procedures 16

established by the Judicial Information Division of the AOC; 17

10. The presiding magistrate judge shall collaborate with the court manager 1

regarding case allocation to judges in the court, and submit the recommendation to 2

the CEO and/or chief judge for approval; 3

11. The presiding magistrate judge shall, along with the court manager and 4

chief judge or CEO, respond to AOC intern al audit requests and attend to the 5

delivery of internal audit reports; 6

12. The presiding magistrate judge, i n collaboration with the chief judge, 7

shall establish office hours for associate judges, and the hours during which associate 8

judges must be on-call to conduct court business after regularly scheduled hours of 9

court, and submit for approval by the chief judge, all proposed hours, which shall 10

not become effective until approved by the chief judge; 11

13. The presiding magistrate judge shall coordinate with the CEO or deputy 12

CEO to determine inclement weather closures and delays; 13

14. The presiding magistrate judge shall, a long wi th associate judges, 14

coordinate vacation time and time off to ensure the court has appropriate coverage 15

to continue operations. Vacation time shall be approved by the chief judge; 16

15. The presiding magistrate judge shall oversee juror management, along 17

with the court manager, as directed by the chief judge or CEO; 18

1 16. The presiding magistrate judge shall coordinate the use of space,

2 equipment, and facilities of the court with the AOC, the chief judge, the CEO, and

3 the court manager;

4 17. The presiding magistrate judge shall report to the chief judge any

5 scheduling, procedural, or administrative difficulties arising among the judges; and

6 18. The presiding magistrate judge shall comply with any other duties and

7 responsibilities assigned by the chief judge.

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.