NM · rules

N.M. Sup. Ct. Order No. S-1-AO-2025-00014 (second amended)

Second Amended Order No. S-1-AO-2025-00014 – In the Matter of the Suspension of Rule 7-507.1 NMRA and Criminal Competency Proceedings in Metropolitan Court

activein force · 2026-09-30 – presentact-effective-date

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

September 30, 2025 2

NO. S-1-AO-2025-00014 3

IN THE MATTER OF THE SUSPENSION 4

OF RULE 7-507.1 NMRA AND CRIMINAL 5

COMPETENCY PROCEEDINGS IN THE 6

METROPOLITAN COURT 7

SECOND AMENDED ORDER 8

WHEREAS, this matter came on for consideration to suspend Rule 7-507.1 9

NMRA in light of amendments to NMSA 1978, Section 31-9-1 (2025), which 10

provide that the metropolitan court is no longer allowed to determine whether a 11

defendant is competent to stand trial in a criminal case and that require all cases in 12

which a question of a defendant’s competency is raised in a court other than the 13

district court to be transferred to the district court; 14

WHEREAS, the amendments to Section 31-9-1 took effect on June 20, 2025; 15

WHEREAS, Rule 7-507.1 sets forth the procedure for resolving whether a 16

defendant is competent to stand trial in a criminal case in the metropolitan court; 17

WHEREAS, the suspension of Rule 7-507.1 and the provisional amendment 18

of Rules 5-602.1, 5-602.2, 5-602.3, 6-507.1, 7-506, and 8-507.1 NMRA and Form 19

9-514 NMRA has been APPROVED by concurrently issued Supreme Court Order 20

Filed

Supreme Court of New Mexico

9/30/2025 2:13 PM

Office of the Clerk

No. S-1-RCR-2025-00143 to effectuate the amendments to Section 31-9-1 and other 1

statutes governing criminal competency proceedings; and 2

WHEREAS, the Court having considered the foregoing and being sufficiently 3

advised, Chief Justice David K. Thomson, Justice Michael E. Vigil, Justice C. 4

Shannon Bacon, Justice Julie J. Vargas, and Justice Briana H. Zamora concurring; 5

NOW, THEREFORE, IT IS ORDERED that all criminal competency 6

proceedings in the metropolitan court shall be governed by the provisional 7

amendments to Rule 6-507.1; and 8

IT IS FURTHER ORDERED that the provisions of this order shall be 9

effective for all cases pending or filed on or after September 30, 2025, and until 10

further order of this Court. 11

IT IS SO ORDERED. 12

WITNESS, the Honorable David K. Thomson, Chief 13

Justice of the Supreme Court of the State of New Mexico, 14

and the seal of said Court this 30th day of September, 15

2025. 16

Provenance

Source: supremecourt.nmcourts.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: 907216bd381b217cef09ad5cfc8dfe2e493c7053c82670eeeaa5134c91ee8803

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