N.M. Sup. Ct. Order No. S-1-AO-2025-00019

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

September 29, 2025 2

NO. S-1-AO-2025-00019 3

IN THE MATTER OF PRELIMINARY 4

EXAMINATIONS IN THE 5

METROPOLITAN COURT AFTER THE 6

DISPOSITION OF A PRETRIAL 7

DETENTION MOTION AND THE 8

ASSIGNMENT OF PRIMARY 9

RESPONSIBILITY FOR WARRANTS TO 10

THE METROPOLITAN COURT 11

ORDER 12

WHEREAS, this matter came on for consideration upon recommendation of 13

the Second Judicial District Court to allow cases to be remanded to the metropolitan 14

court for preliminary examinations after a ruling by the district court on a pretrial 15

detention motion, and to assign primary responsibility for review ing and signing 16

warrants to the metropolitan court; 17

WHEREAS, allowing for the remand of cases to the metropolitan court for a 18

preliminary examination following the disposition of a detention motion and 19

assigning primary responsibility for warrants to the metropolitan court would 20

promote case management and the balance of responsibilities between the Second 21

Judicial District Court and the Bernalillo County Metropolitan Court; and 22

Filed

Supreme Court of New Mexico

9/29/2025 2:10 PM

Office of the Clerk

WHEREAS, the Court having considered the recommendation and being 1

sufficiently advised, Chief Justice David K. Thomson, Justice Michael E. Vigil, 2

Justice C. Shannon Bacon, Justice Julie J. Vargas, and Justice Briana H. Zamora 3

concurring; 4

NOW, THEREFORE, IT IS ORDERED that under Rules 5-409 and 7-409 5

NMRA, if a motion for pretrial detention is filed in the metropolitan court, the 6

metropolitan court’s jurisdiction to set or amend conditions of release shall be 7

terminated, and the district cour t shall acquire exclusive jurisdiction over issues of 8

pretrial release until the case is remanded by the district court following disposition 9

of the detention motion; 10

IT IS FURTHER ORDERED that under Rules 5-409 and 7-409, if the motion 11

for pretrial detent ion was filed in the metropolitan court —unless a preliminary 12

examination has been held concurrently with the motion for pretrial detention or 13

otherwise scheduled in the district court—upon completion of the detention hearing, 14

the district court shall promptly transmit to the metropolitan court a copy of either 15

the order for pretrial detention or the order setting conditions of release and shall 16

remand the matter for further proceedings in the metropolitan court. The 17

metropolitan court may modify the order setting conditions of release upon a 18

showing of good cause, but as long as the case remains pending, the metropolitan 19

court may not release a defendant who has been ordered detained by the district 1

court; 2

IT IS FURTHER ORDERED that under Rule 5-302 NMRA, the district court 3

may remand a case to the metropolitan court for a preliminary examination unless a 4

preliminary examination has been previously conducted in the metropolitan court; 5

IT IS FURTHER ORDERED that office hours warrant requests in Bernalillo 6

County shall be initiated at the metropolitan court, and the metropolitan court shall 7

have primary responsibility for reviewing and signing warrants; 8

IT IS FURTHER ORDERED that the district court shall serve on a back- up 9

rotation for reviewing and signing warrants; 10

IT IS FURTHER ORDERED that the metropolitan court shall not have 11

primary responsibility for reviewing and signing warrants when otherwise restricted 12

by law, see, e.g. NMSA 1978, § 30-12-2 (1972); NMSA 1978, § 30-12-3 (1973); 13

Rule 10-215 NMRA; Fed. R. Crim. P. 41(b)(1), or when the review and signing of 14

a warrant by a district court is preferred, such as warrants regarding after-hours GPS 15

monitoring for defendants on district court GPS monitoring; and 16

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

2 effective for all cases immediately, until further order of this Court.

3 IT IS SO ORDERED.

4 WITNESS, the Honorable David K. Thomson, Chief

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

6 and the seal of said Court this 29th day of September,

7 2025.