HB 113 — MAGISTRATE COURT CHANGES

HOUSE BILL 113 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Christine Chandler 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby MAGISTRATEa COURTS;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

MAKINGThe THEdocument MAGISTRATEis COURTa Atool COURTto OFshow RECORD;amendments in context and cannot be used for the purpose of adding amendments to legislation.

h AN ACT g o RELATING TO MAGISTRATE COURTS;

MAKING THE MAGISTRATE COURT A t hr g e i k COURT OF RECORD;

EXPANDING h r i s MAGISTRATE JURISDICTION TO ENCOMPASS THE JUDICIAL DISTRICT.

15h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

Section 35-1-1 NMSA 1978 (being Laws 1968, el t] 17b ,d i a º e Chapter 62, Section 3) is amended to read:

wr li n= r t e w d 18m a n o "35-1-1.

MAGISTRATE COURT--ESTABLISHMENT.--There is =d = 19 a l established the "magistrate court" as a court of limited i a e r 20 original jurisdiction within the judicial department of the a t m m: 21 state government.

Personnelb ofe thed magistrates courtº areo dt rn e= 22.223471.2SAAIC subjectFebruary to13, all2023 laws(11:02am) ands regulationsk applicablem toe othere statea cn e sd kr 23e officesl andu agencies[ andA tod otherestablished statethe officers"magistrate andcourt" employeesas e a ncourt bof 24limited exceptoriginal wherejurisdiction otherwisewithin providedthe byjudicial law.department of the state government.

ThePersonnel of the magistrate court uare [subject isto [not]all alaws courtand ofregulations record."applicable .223471.2SAto SECTIONother 2.state offices and agencies and to other state officers and employees except where otherwise provided by law.

The magistrate court is [not ] a court of record." SECTION 2.

No person is eligible for election or appointment to the office of magistrate unless the person [has graduated from high school or has attained the equivalent of a h high school education as indicated by possession of a high g o t hr school equivalency credential issued by the public education g e i k department based upon the record made on the high school h r i s equivalency credential test]:

h , t, (1) is thirty years of age or older;

and e u g e b l e e h (2) has at least eight years of experience as n d d i = = o h a magistrate court judge, court clerk or the equivalent or has el t] 17b a,d four-yeari degreea fromº ane accredited institution of higher w l n d 18 education or a two-yearHJCºfour-year»HJC HJCºtwo-year»HJC degree andHJCºor fourr yearsi of work = =r 19t ae lw experienced inm teaching,a socialn services,o lawhigher»HJC enforcement,from ian aaccredited einstitution rof 20higher arbitration,education mediation,d them court: system or counseling.

ab e d s º o t mn = .223471.2SAAIC February 13, 2023 (11:02am) s k m 21e C.- 2 - e a n e d r e l u [ A d HJCºor a two-year degree and four years of work experience in teaching, social services, law enforcement, arbitration, mediation, the court system or counseling»HJC .

TheC. eligibility requirements prescribed by d r e 22 Subsection B of this section do not apply to individuals c e s k 23 holding the office of magistrate on July 1, 2023.

eThe aeligibility nrequirements bprescribed 24by [C.]Subsection D.B of this section do not apply to individuals holding the office of magistrate on July 1, 2023.

In[C.] magistrateD. districts with a population u [ of more than two hundred thousand persons in the last federal .223471.2SA - 2 - decennial census, no person is eligible for election to the office of magistrate unless the person:

In magistrate districts with a population of more than two hundred thousand persons in the last federal decennial census, no person is eligible for election to the office of magistrate unless the person:

In magistrate districts with a population h of more than two hundred thousand persons in the last federal g o t hr decennial census, no person is eligible for appointment to the g e i k office of magistrate unless the person is a member of the bar h r i s of this state and licensed to practice law in this state.

h , t, e u g [E.] F.

A person holding the office of magistrate e b l e e h shall not engage in the private practice of law during tenure n d d i = = o h in office." l ] b ,d i a º e SECTION 3.

Section 35-3-6 NMSA 1978 (being Laws 1968, er i = r t 17e w d m a n o Chapter 62, Section 51, as amended) is amended to read:

w l n d 18m "35-3-6.:

JURISDICTION--TERRITORIALb LIMITS.--e =d s º o t n = 19.223471.2SAAIC February 13, 2023 (11:02am) s k m e - 3 - e a n e d r e l A.u [ A d "35-3-6.

TheJURISDICTION--TERRITORIAL territorialLIMITS.-- jurisdictionA. of a magistrate is i a e r 20 coextensive with the [magistrate] judicial district in which a t m m 21 the magistrate serves, as established in Section 34-6-1 NMSA d r e 22 1978.

AThe magistrateterritorial also has statewide jurisdiction in any c e s k 23 criminal action involving violation of a lawmagistrate relatingis tocoextensive motorwith ethe a[magistrate n] bjudicial 24 vehicles, [arising in a magistrate district adjoining at any u [ point that in which the magistrate servesserves, andas withinestablished magistratein .223471.2SA - 3 - trial jurisdiction] with the exception of violations of Section 66-8-10234-6-1 NMSA 1978;1978.

A magistrate also has statewide jurisdiction in any criminal action involving violation of a law relating to motor vehicles, [arising in a magistrate district adjoining at any point that in which the magistrate serves and within magistrate trial jurisdiction] with the exception of violations of Section 66-8-102 NMSA 1978;

A magistrate has jurisdiction to sit in any action arising in any other magistrate district when designated for a specific period of time by a district judge because of h the unavailability of a magistrate in that magistrate district.

u » r A magistrate acting in another magistrate district by t h g e l i designation pursuant to this subsection shall include the cases h r i s heard by designation in the magistrate's own reports to the h , e h administrative office of the courts, indicating on the reports t u g e b l e e , gh that the magistrate's jurisdiction is by designation.

n d d i = = o h C.

In a criminal action in which a magistrate has l ] b ,d i a º r territorial jurisdiction over the offense pursuant to this e tr 17= section,t thee magistrate court has personal jurisdiction over w l n d 18m the defendant for the purpose of service of process upon the = = 19 a ln defendanto whereversection, the defendantmagistrate residescourt orhas maypersonal bejurisdiction foundover withind im a: e r 20 the state.

ab r e t mº o t n = .223471.2SAAIC February 13, 2023 (11:02am) s k m 21e D.- 4 - e a n e d r e l u [ A d the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.

InD. a civil action arising within the d r e 22 magistrate's territorial jurisdiction, the magistrate court has c e s k 23 personal jurisdiction over the defendant for the purpose of e a n b 24 service of process upon the defendant wherever the defendant u [ resides or may be found within the state.

.223471.2SAIn -a 4civil -action E.arising within the magistrate's territorial jurisdiction, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.

E.

- 5 - 9h 11u 13» 15r t h g e l i h r i s h , e h t 17u wg e b l e e , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .223471.2SA

b r e t º o t n = .223471.2SAAIC February 13, 2023 (11:02am) s k m e e a n e d r e l u [ A d